OMA section 2(c)(6)

OMA

Setting a sale/lease price for public body's own property

5 ILCS 120/2(c)(6). Setting a sale/lease price for public body's own property

See every document citing this provision →

4 issues across 4 determination letters:2 violation found · 2 no violation.

Counts are per issue, not per letter, and come from automated extraction checked against sampled letters. Determination letters are not binding precedent.

Authorities the Bureau cites most on this issue

A board's closed-session discussion of property sale or lease (Pub. Acc. Op. No. 15-003) cited 3 times
Gosnell v. Hogan, 179 Ill. App. 3d 161, 170 (1989) cited 1 times

Drafting brief for an AI assistant

Copy this into your assistant to help draft a request, appeal, or challenge to a denial that turns on this issue. It carries the rules and decisions, not your facts: add those yourself. Machine-readable version: oma-2-c-6.json.

TOPIC: 5 ILCS 120/2(c)(6) - Setting a sale/lease price for public body's own property
SOURCE: Illinois Attorney General Public Access Bureau decisions compiled at https://illinoisfoia.org/issues/oma-2-c-6/
NOTE: Determination letters are not binding precedent; they show how the Bureau applies the law. Verify every decision against the source PDF before citing it.

VIOLATION FOUND (2):
- Section 2(c)(6) scope for sale of public property
  Rule: Section 2(c)(6) authorizes closed session only to set a price for the sale or lease of public property, not general discussions about the sale.
  Decision: Closed session discussion of an intergovernmental agreement (non-binding determination letter, October 25, 2021) https://illinoisfoia.org/opinions/letter-58651/
- Closed session discussions exceeded scope of section 2(c)(6)
  Rule: A public body may close a meeting under section 2(c)(6) only to set a price for the sale or lease of public property, not to discuss general issues about the lease.
  Decision: Closed-session discussion of a cell tower lease proposal (non-binding determination letter, July 11, 2017) https://illinoisfoia.org/opinions/letter-46770/

NO VIOLATION (2):
- Closed session discussion of property sale price
  Rule: Closed session discussion of property price is proper under section 2(c)(6) when the sale is not finalized and the discussion pertains to setting or maintaining the price.
  Decision: A school board's closed-session discussion of a property sale price (non-binding determination letter, November 12, 2020) https://illinoisfoia.org/opinions/letter-63270/
- Closed session discussions on setting a price for sale or lease of owned property
  Rule: Section 2(c)(6) allows closed session discussions limited to setting a price for sale or lease of property owned by the public body.
  Decision: Closed-session discussion about a library branch relocation (non-binding determination letter, April 2, 2019) https://illinoisfoia.org/opinions/letter-55687/

MOST-CITED AUTHORITIES: Ill. Att'y Gen. Pub. Acc. Op. No. 15-003; Gosnell v. Hogan, 179 Ill. App. 3d 161, 170 (1989)

TASK FOR THE ASSISTANT: Using only the decisions above, help draft a letter. Argue from the rule and cite the decision by name and date. Do not invent decisions.

Violation found (2)

Section 2(c)(6) scope for sale of public property
Rule: Section 2(c)(6) authorizes closed session only to set a price for the sale or lease of public property, not general discussions about the sale.
Violation found Closed session discussion of an intergovernmental agreement · October 25, 2021
Closed session discussions exceeded scope of section 2(c)(6)
Rule: A public body may close a meeting under section 2(c)(6) only to set a price for the sale or lease of public property, not to discuss general issues about the lease.
Violation found Closed-session discussion of a cell tower lease proposal · July 11, 2017

No violation (2)

Closed session discussion of property sale price
Rule: Closed session discussion of property price is proper under section 2(c)(6) when the sale is not finalized and the discussion pertains to setting or maintaining the price.
No violation A school board's closed-session discussion of a property sale price · November 12, 2020
Closed session discussions on setting a price for sale or lease of owned property
Rule: Section 2(c)(6) allows closed session discussions limited to setting a price for sale or lease of property owned by the public body.
No violation Closed-session discussion about a library branch relocation · April 2, 2019