Understanding Executive Sessions in Romspen Negotiations
During a Town Council meeting on March 3, 2021, a local resident sought clarity on why some details about Oro Valley’s negotiations with Romspen are kept under wraps. The Town’s attorneys explained the legal framework from Arizona Revised Statutes (A.R.S.) that allows for certain matters to be confidential.
Arizona law permits executive sessions as an exception to public meetings. For the Romspen talks, three specific purposes apply:
First, A.R.S. 38-431.03(A)(4) lets the Town Council guide their lawyers on handling contract negotiations, ongoing or potential lawsuits, and settlement talks. In these cases, the council needs a private space to discuss and decide on their strategy before instructing their legal team. Ideally, any decisions made should later be confirmed in a public session.
Second, A.R.S. 38-431.03(A)(7) allows the council to direct its representatives on real estate deals, like buying, selling, or leasing property. They can, for example, set a maximum negotiation amount. However, any final agreement must be approved in a public meeting.
Lastly, everyone involved in the executive session must keep the discussions confidential, as outlined in A.R.S. 38-431.03(C). Sharing details about property appraisals or negotiations might harm the Town’s position.
It’s important to note that no legal decisions are made during these private sessions, according to A.R.S. 38-431.03(D). Any final decisions or actions involving Rompsen will take place in an open meeting, which will be announced properly.
Sources