OPA deems Grove executive sessions illegal

OPA deems Grove executive sessions illegal
By Janet Warford-Perry
The Miami News-Record

GROVE -- Executive sessions held for nearly two years by Grove city leaders concerning the sale of the civic center are probably in violation of the Open Meetings Act, said Mark Thomas, vicepresident of the Oklahoma Press Association.

An agenda item for a special meeting of the Grove Industrial Development Authority on July 6, 2005, reads, "Discussion, consideration and possible action on holding executive session for acquisition or disposal of real property including Civic Center as authorized by 25 O.S. S 307 (B)(3)."

Thomas confirmed that "possible action" is in violation of the act, since a public body is not allowed to take any type of action in executive session.

He also said that a public body could not go into executive session to discuss the disposal of real property.

"It can go into executive session to discuss purchasing property but not selling it," Thomas said. He cited Section 307 (B)(3), "Executive sessions of public bodies will be permitted only for the purpose of discussing the purchase or appraisal of real property."

At the July 6 meeting, the authority went into executive session inviting with them a man from the audience whose identity was not disclosed.

GIDA members emerged executive session, took no vote, adjourned the meeting and left without making any comment.

Thomas cited the Open Meeting Act, Section 307 (D), reads: "An executive session for the purpose of discussing the purchase or appraisal of real property shall be limited to members of the public body, the attorney for the public body and the immediate staff of the public body. No landowner, real estate salesperson, broker, developer or any person who may profit directly or indirectly by a proposed transaction concerning real property which is under consideration may be present or participate in the executive session."

Further, if the public body engages in an illegal executive session, then the tapes and minutes of those proceedings must immediately be made public as provided in Section 307 (F) of the statute.

On Friday, the News-Record attempted to obtain a tape recording of the Grove Industrial Development Authority's executive session of July 6.

Bonnie Buzzard, city clerk, said the executive session was not taped and the minutes had not yet been typed. Because the city is short-staffed, Buzzard explained that she had been assuming the responsibilities of the court clerk and would provide the requested minutes by Tuesday.

In the meantime, the News-Record researched agendas dating back to 2003 noting executive sessions that referenced the sale of the civic center. There were six such meetings noted -- Aug. 18 and Sept. 16, 2003; March 24, April 29 and May 17, 2005, and July 6, 2005.

The News-Record is also in the process of obtaining the minutes of those executive sessions.