{
 "topic": "OMA section 2(c)(5) - Purchase or lease of real property",
 "statute": "5 ILCS 120/2(c)(5)",
 "family": "Closed meetings and exceptions",
 "page": "https://illinoisfoia.org/issues/oma-2-c-5/",
 "note": "Determination letters are non-binding. Verify against the source PDF before citing.",
 "counts": {
  "violation_found": 3,
  "no_violation": 3,
  "no_determination": 0,
  "other": 0
 },
 "challenge_notes": {
  "generated_by": "AI summary of the decisions listed on this page; not legal advice; verify each decision against its PDF",
  "when_a_challenge_is_strong": [
   {
    "text": "The closed session included discussion of selling other property to fund the purchase.",
    "why": "A separate decision to sell other property is not within the scope of section 2(c)(5), which covers only the purchase or lease of real property and related details necessary to put terms in context.",
    "decisions": [
     {
      "title": "Closed-session discussion of a property sale",
      "url": "https://illinoisfoia.org/opinions/letter-69094/#issue-2"
     }
    ]
   },
   {
    "text": "The closed session strayed into discrete discussions not limited to the purchase or lease of the property or setting its price.",
    "why": "Discussions that go beyond purchase/lease or price setting are not authorized by section 2(c)(5) and violate the Open Meetings Act.",
    "decisions": [
     {
      "title": "Closed-session discussion about a library branch relocation",
      "url": "https://illinoisfoia.org/opinions/letter-55687/#issue-4"
     },
     {
      "title": "Closed session discussion of an intergovernmental agreement",
      "url": "https://illinoisfoia.org/opinions/letter-58651/#issue-6"
     }
    ]
   }
  ],
  "when_the_body_usually_wins": [
   {
    "text": "The closed session focused on whether to acquire the property, including its need, intended use, and renovation costs.",
    "why": "These topics fall within the scope of section 2(c)(5) as part of the purchase or lease decision.",
    "decisions": [
     {
      "title": "Closed-session discussions of a potential real estate purchase",
      "url": "https://illinoisfoia.org/opinions/letter-59963/#issue-2"
     }
    ]
   },
   {
    "text": "The discussion concerned specific parcels and related details of the purchase or lease.",
    "why": "Section 2(c)(5) permits closed session discussion of specific parcels and related details for the public body's use.",
    "decisions": [
     {
      "title": "Closed-session discussion about a library branch relocation",
      "url": "https://illinoisfoia.org/opinions/letter-55687/#issue-2"
     }
    ]
   },
   {
    "text": "The discussion was about issues involved in the purchase or lease of real property for the public body's use.",
    "why": "The exception broadly covers such issues, and the body did not exceed that scope.",
    "decisions": [
     {
      "title": "Closed session discussion of an intergovernmental agreement",
      "url": "https://illinoisfoia.org/opinions/letter-58651/#issue-5"
     }
    ]
   }
  ],
  "points_to_put_in_the_letter": [
   {
    "text": "If the closed session included a decision to sell other property to fund the purchase, argue that this is a separate matter not covered by section 2(c)(5).",
    "why": "",
    "decisions": [
     {
      "title": "Closed-session discussion of a property sale",
      "url": "https://illinoisfoia.org/opinions/letter-69094/#issue-2"
     }
    ]
   },
   {
    "text": "Point out any discussion that was not limited to the purchase or lease of the property or setting its price, as that violates the exception.",
    "why": "",
    "decisions": [
     {
      "title": "Closed-session discussion about a library branch relocation",
      "url": "https://illinoisfoia.org/opinions/letter-55687/#issue-4"
     }
    ]
   },
   {
    "text": "Argue that the public body may only discuss matters directly related to the purchase or lease for its own use; unrelated topics are not allowed.",
    "why": "",
    "decisions": [
     {
      "title": "Closed session discussion of an intergovernmental agreement",
      "url": "https://illinoisfoia.org/opinions/letter-58651/#issue-6"
     }
    ]
   }
  ],
  "facts_to_gather": [
   "What specific topics were discussed in the closed session (e.g., selling other property, renovation costs, need for the property).",
   "Whether the public body made a separate decision to sell other property to fund the purchase.",
   "Whether the discussion included matters unrelated to the purchase or lease of the specific property.",
   "The stated purpose for closing the meeting and the exceptions cited."
  ],
  "common_mistakes": [
   {
    "text": "Assuming that any discussion related to financing the purchase, including selling other property, is covered by section 2(c)(5).",
    "why": "",
    "decisions": [
     {
      "title": "Closed-session discussion of a property sale",
      "url": "https://illinoisfoia.org/opinions/letter-69094/#issue-2"
     }
    ]
   },
   {
    "text": "Believing that once a meeting is properly closed under 2(c)(5), any topic can be discussed.",
    "why": "",
    "decisions": [
     {
      "title": "Closed session discussion of an intergovernmental agreement",
      "url": "https://illinoisfoia.org/opinions/letter-58651/#issue-6"
     },
     {
      "title": "Closed-session discussion about a library branch relocation",
      "url": "https://illinoisfoia.org/opinions/letter-55687/#issue-4"
     }
    ]
   },
   {
    "text": "Failing to distinguish between discussions about the purchase/lease itself and separate decisions like selling other assets.",
    "why": "",
    "decisions": [
     {
      "title": "Closed-session discussion of a property sale",
      "url": "https://illinoisfoia.org/opinions/letter-69094/#issue-2"
     }
    ]
   }
  ],
  "caution": "These notes are based on non-binding determination letters; the outcome depends on the specific facts and the closed session discussion; verify the full PDFs for context."
 },
 "issues": [
  {
   "issue": "Closed Session Discussion Exceeding Scope of Section 2(c)(5)",
   "outcome": "violation_found",
   "rule": "A closed session under section 2(c)(5) may include related details necessary to put purchase or lease terms in context, but not a separate decision to sell other property to fund the purchase.",
   "decision": {
    "title": "Closed-session discussion of a property sale",
    "date": "2022-06-03",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-69094/"
   },
   "authorities": [
    {
     "text": "Galena Gazette Publications Inc., v. County of Jo Daviess, 375 Ill. App. 3d 338 (2d Dist. 2007)",
     "url": "https://illinoisfoia.org/cases/2-06-0197/"
    }
   ]
  },
  {
   "issue": "Section 2(c)(5) scope for purchase or lease of real property",
   "outcome": "no_violation",
   "rule": "Section 2(c)(5) allows closed session discussion of issues involved in the purchase or lease of real property for the public body's use.",
   "decision": {
    "title": "Closed session discussion of an intergovernmental agreement",
    "date": "2021-10-25",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-58651/"
   },
   "authorities": []
  },
  {
   "issue": "Overall closed session discussion outside exceptions",
   "outcome": "violation_found",
   "rule": "A public body may not discuss matters in closed session that fall outside the scope of the exceptions it relied upon to close the meeting.",
   "decision": {
    "title": "Closed session discussion of an intergovernmental agreement",
    "date": "2021-10-25",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-58651/"
   },
   "authorities": [
    {
     "text": "2014 PAC 30925",
     "url": null
    }
   ]
  },
  {
   "issue": "Propriety of closed session discussions under section 2(c)(5)",
   "outcome": "no_violation",
   "rule": "Closed session discussions about whether to acquire property, including need, use, and renovation costs, fall within the scope of section 2(c)(5).",
   "decision": {
    "title": "Closed-session discussions of a potential real estate purchase",
    "date": "2020-06-08",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-59963/"
   },
   "authorities": [
    {
     "text": "Galena Gazette Publications Inc., v. County of Jo Daviess, 375 Ill. App. 3d 338 (2d Dist. 2007)",
     "url": "https://illinoisfoia.org/cases/2-06-0197/"
    },
    {
     "text": "Ill. Att'y Gen. PAC Req. Rev. Ltr. 24866, issued February 10, 2020",
     "url": null
    },
    {
     "text": "Ill. Att'y Gen. PAC Req. Rev. Ltr. 35947, issued August 28, 2015",
     "url": null
    }
   ]
  },
  {
   "issue": "Closed session discussions on purchase or lease of real property",
   "outcome": "no_violation",
   "rule": "Section 2(c)(5) permits closed session discussions on the purchase or lease of real property for the public body's use, including specific parcels and related details.",
   "decision": {
    "title": "Closed-session discussion about a library branch relocation",
    "date": "2019-04-02",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-55687/"
   },
   "authorities": [
    {
     "text": "Galena Gazette Publications Inc., v. County of Jo Daviess, 375 Ill. App. 3d 338 (2d Dist. 2007)",
     "url": "https://illinoisfoia.org/cases/2-06-0197/"
    }
   ]
  },
  {
   "issue": "Unauthorized closed session discussions on other West Branch matters",
   "outcome": "violation_found",
   "rule": "Discrete discussions not limited to purchase/lease or price setting were not authorized by sections 2(c)(5) or 2(c)(6), violating OMA.",
   "decision": {
    "title": "Closed-session discussion about a library branch relocation",
    "date": "2019-04-02",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-55687/"
   },
   "authorities": []
  }
 ]
}