AGO 1989-092.

• Case Date: July 21, 1989
• Court: Kansas

Kansas Attorney General Opinions 1989. AGO 1989-092. July 21, 1989ATTORNEY GENERAL OPINION NO. 89-92Wilson E. SpeerAttorney at Law 201 North Cherry Street P.O. Box 1000 Olathe, Kansas 66061 Re: State Departments; Public Officers and Employees--Public Officers and Employees; Open Public Meetings--Executive Sessions; Acquisition of Property Synopsis: The Kansas Open Meetings Act provides that only certain subjects may be discussed behind closed doors. In absence of an applicable exception, discussions concerning negotiation strategy in formulating offers, and offers received relating to the acquisition of a water utility must be held in open, public meeting. The "acquisition of real property" exception, K.S.A.1988 Supp. 75-4319(b)(6), may only be used when the primary focus of the discussion is real property. Cited herein: K.S.A. 19-3501; 19-3505; 75-4317; K.S.A.1988 Supp. 75-4318; 75-4319. * * * Dear Mr. Speer: As the attorney for Water District No. 1 of Johnson county, you have requested our opinion regarding the applicability of the open meetings law to board deliberations involving the acquisition or annexation of another water utility. Water District No. 1 of Johnson County was created pursuant to K.S.A. 19-3501 et seq., and is governed by a five member elected board, K.S.A. 19-3505. You inform us that two rural water districts in Johnson County have dissolved and are now part of the district. We are also informed that the district is currently negotiating to acquire another rural water district in the county and is contemplating acquiring a private water utility. You state that the acquisitions generally take place as follows:

"To acquire the facilities and other assets of these other utilities, a consideration may have to be paid or otherwise provided. The usual course toward such acquisitions or annexations is a series of negotiations leading to a contract. The formulation and evaluation of offers and counteroffers are conducted in the Board meetings or subcommittees composed of two or more Board members. In the process, there is necessarily involved the formulation of negotiating strategy. . . ."

The question you present to us is whether the Board may recess to an executive session "to discuss negotiating strategy in formulating offers and discussing received offers relating to the acquisition of the assets and...