More openness sought in sales of public land

Judy Odierna

Tuesday, Jan. 21, 2003 | 11:04 a.m.

Mesquite Mayor Charles Horne does not agree with a bill draft that would allow public-land deals to be negotiated in private.

The Mesquite City Council gave unanimous support last summer to the concept of allowing the council to hold closed meetings to negotiate property sales, purchases or trades. The item was taken to the League of Cities, which embraced the bill and has submitted it to the Legislature. California, Utah, Idaho and New Mexico have similar laws.

Horne, who is not a voting member of the council, said he believes public business needs to be done in the public.

"In dealing with public assets and public officials, business should be conducted in the public," Horne said. "I'm not in harmony with the concept that it be done by elected officials behind closed doors." Staff is currently able to have private discussions with potential buyers.

Allen Lichtenstein, an attorney for the state American Civil Liberties Union chapter, agreed.

"The reason why we have open-meeting laws is when deals like land purchases are made, they are not only done with public scrutiny, but also with public input," he said. "I hope the Legislature doesn't return us back to the bad old days of government secrecy."

City Manager Bryan Montgomery said a taped and written record of the meeting would be conducted during the session. He said the land deals would in effect be similar to the way the personnel sessions and other closed sessions are conducted.

"If there is litigation, state law allows for discussions, not decisions, on pending litigation to be conducted in a closed meeting," he said.

Montgomery said if the land is in a residential area, the purchase would be posted on an agenda and held with public discussion.

"The resident can then say 'Yeah, you negotiated a deal but don't consummate it because we don't agree,' " Montgomery said. "But at least we negotiated a price on an equal playing field."

In November, 62 percent of Mesquite voters passed a ballot initiative requiring all city land sales to be done by auction or through a sealed-bid process open to the public.

Previously, the five-member City Council had discretion to sell land below market value.

The initiative is being challenged in court and the hearing on the item will be at 9 a.m. on Wednesday in District Court.