NOTE: For an expanded analysis of the 1992  Open Meeting Law, see the Idaho
Open Meeting Law Manual published by the Idaho Attorney General's office. For
a discussion of the Open Meeting Law and other  public access laws, see  Mass
Communication Law in Idaho,  by  Roy Alden Atwood,  Assistant Professor of
Communications, University of Idaho. ((1992) New Forums Press, Inc., PO Box
876, Stillwater, Oklahoma 74076)

67-2341. Open public meetings - Definitions.
      As used in this act:
  (1) "Decision" means any determination, action, vote or final disposition
upon a motion, proposal, resolution, order, ordinance or measure on which a
vote of a governing body is required, at any meeting at which a quorum is
present, but shall not include those ministerial or administrative actions
necessary to carry out a decision previously adopted in a meeting held in
compliance with sections 67-2342 through 67-2346, Idaho Code.

 (2)  "Deliberation" means the receipt or exchange of information or opinion
relating to a decision, but shall not include informal or impromptu
discussions of a general nature which do not specifically relate to a matter
then pending before the public agency for decision.

 (3)  "Executive session" means any meeting or part of a meeting of a
governing body which is closed to any persons for deliberation on certain
matters.

 (4)  "Public agency" means:
  (a)  any state board, commission, department, authority, educational
institution or other state agency which is created by or pursuant to statute,
other than courts and their agencies and divisions, and the judicial council,
and the district magistrates commission;

  (b)  any regional board, commission, department or authority created by or
pursuant to statute;

  (c) any county, city, school district, special district, or other municipal
corporation or political subdivision of the state of Idaho; 

  (d)  any subagency of a public agency which is created by or pursuant to
statute, ordinance, or other legislative act.



 (5)  "Governing body" means the members of any public agency which consists
of two (2) or more members, with the authority to make decisions for or
recommendations to a public agency regarding any matter.



 (6)   "Meeting" means the convening of a governing body of a public agency
to make a decision or to deliberate toward a decision on any matter.
         (a)   "regular meeting" means the convening of a governing body of a
public agency on the date fixed by law or rule, to conduct the business of
the agency.

         (b) "special meeting" is a convening of the governing body of a
public agency pursuant to a special call for the conduct of business as
specified in the call. 


67-2342.  Governing bodies - Requirement for open public meetings. - 
 (1) Except as provided below, all meetings of a governing body of a public
agency shall be open to the public and all persons shall be permitted to
attend any meeting except as otherwise provided by this act. No decision at a
meeting of a governing body of a public agency shall be made by secret
ballot.

 (2)  Deliberations of the board of tax appeals created in chapter 38, title
63, Idaho Code, the public utilities commission and the industrial commission
in a fully submitted adjudicatory proceeding in which hearings, if any are
required, have been completed, and in which the legal rights, duties or
privileges of a party are to be determined are not required by this act to
take place in a meeting open to the public. Such deliberations may, however,
be made and/or conducted in a public meeting at the discretion of the agency.

 
 (3)  A governing body shall not hold a meeting at any place where
discrimination on the basis of race, creed, color, sex, age or national
origin is practiced.
.
67-2343.  Notice of meetings. - 
 (1) Regular meetings. No less than a five (5) calendar day meeting notice
shall be given unless otherwise provided by statute. Provided however, that
any public agency that holds meetings at regular intervals of at least once
per calendar month scheduled in advance over the course of the year may
satisfy this meeting notice by giving meeting notices at least once each year
of its regular meeting schedule. A forty-eight (48) hour agenda notice shall
be required in advance of each regular meeting, however, additional agenda
items may be added after completion of the agenda up to and including the
hour of the meeting, provided that a good faith effort is made to include in
the notice all agenda items known at the time to be probable items of
discussion. The notice requirement for meetings and agendas shall be
satisfied by posting such notices and agendas in a prominent place at the
principal office of the public agency, or if no such office exists, at the
building where the meeting is to be held.


 (2)  Special meetings. No special meeting shall be held without at least a
twenty-four (24) hour meeting and agenda notice, unless an emergency exists.
An emergency is a situation involving injury or damage to persons or
property, or immediate financial loss, or the likelihood of such injury,
damage or loss, when the notice requirements of this section would make such
notice impracticable, or increase the likelihood or severity of such injury,
damage or loss, and the reason for the emergency is stated at the outset of
the meeting. The notice required under this section shall include at a
minimum the meeting date, time, place and name of the public agency calling
for the meeting. The secretary or other designee of each public agency shall
maintain a list of the news media requesting notification of meetings and
shall make a good faith effort to provide advance notification to them of the
time and place of each meeting.


 (3)  Executive sessions. If an executive session only will be held, a
twenty-four (24) hour meeting and agenda notice shall be given according to
the notice provisions stated in subsection (2) of this section and shall
state the reason and the specific provision of law authorizing the executive
session.


 67-2344  Written minutes of meetings. 
 (1) The governing body of a public agency shall provide for the taking of
written minutes of all its meetings. Neither a full transcript nor a
recording of the meeting is required, except as otherwise provided by law.
All minutes shall be available
the public within a reasonable time after the meeting, and shall include at
least the following information:
  (a)  All members of the governing body present;
  (b)  All motions, resolutions, orders, or ordinances proposed and their
disposition;
  (c)  The results of all votes, and upon the request of a member, the vote
of each member, by name;
(2)  Minutes of executive sessions may be limited to material the disclosure
of which is not inconsistent with the provisions of section 672345, Idaho
Code, but shall contain sufficient detail to convey the general tenor of the
meeting.

67-2345.  Executive sessions - When authorized. 
 (1) Nothing contained in this act shall be construed to prevent, upon a
two-thirds (2/3) vote recorded in the minutes of the meeting by individual
vote, a governing body of a public agency from holding an executive session
during any meeting, after the presiding officer has identified the
authorization under this act for the holding of such executive session. An
executive session may be held:
       (a)  To consider hiring a public officer, employee, staff member or
individual agent. This paragraph does not apply to filling a vacancy in an
elective office;
       (b)  To consider the evaluation, dismissal or disciplining of, or to
hear complaints or charges brought against, a public officer, employee, staff
member or individual agent, or public school student;
       (c)  To conduct deliberations concerning labor negotiations or to
acquire an interest in real property which is not owned by a public agency;
       (d) To consider records that are exempt from disclosure as provided in
chapter 3, title 9, Idaho Code;
       (e)  To consider preliminary negotiations involving matters of trade
or commerce in which the governing body is in competition with governing
bodies in other states or nations;
       (f)  To consider and advise its legal representatives in pending
litigation or where there is a general public awareness of probable
litigation; (g) By the commission of pardons and parole, as provided by law.
 (2)  Labor negotiations may be conducted in executive session if either side
requests closed meetings. Notwithstanding the provisions of section 67-2343,
Idaho Code, subsequent sessions of the negotiations may continue without
further public notice.
 (3)  No executive session may be held for the purpose of taking any final
action or making any final decision.
 

67-2346.  Open legislative meetings required. 
- All meetings of any standing, special or select committee of either house
of the legislature of the state of Idaho shall be open to the public at all
times, and any person may attend any meeting of a standing, special or select
committee, but may participate in the committee only with the approval of the
committee itself. 

67-2347. Violations. -
  (1) If an action, or  any  deliberation or decision- making that leads to
an action, occurs at any meeting which fails to comply with the provisions of
sections 67-2340 through 67-2346, Idaho Code, such action shall be null and
void.

 (2)  Any member of the governing body governed by the provisions of sections
67-2340 through 67-2346, Idaho Code, who knowingly conducts or participates
in a meeting which violates the provisions of this act shall be subject to a
fine not to exceed one hundred fifty dollars ($150) for a first violation and
not to exceed three hundred dollars ($300) for each subsequent violation as a
civil penalty.

 (3)  The attorney general shall have the duty to enforce this act in
relation to public agencies of state government, and the prosecuting
attorneys of the various counties shall have the duty to enforce this act in
relation to local public agencies within their respective jurisdictions.
  In the event that there is reason to believe that a violation of the
provisions of this act has been committed by members of a board of county
commissioners or, for any other reason a county prosecuting attorney is
deemed disqualified from proceeding to enforce this act, the prosecuting
attorney or board of county  commissioners shall seek to have a special
prosecutor appointed for that purpose as provided in section 31-2603, Idaho
Code.

 (4)  Any person affected by a violation of the provisions of this act may
commence a civil action in the magistrate division of the district court of
the county in which the public agency ordinarily meets, for the purpose of
requiring compliance with provisions of this act. No private action brought
pursuant to this subsection shall result in the assessment of a civil penalty
against any member of a public agency and there shall be no private right of
action for damages arising out of any violation of the provisions of sections
67-2342 through 67-2346, Idaho Code.
  Any suit brought for the purpose of having an action declared or determined
to be null and void pursuant to subsection (1) of this section shall be
commenced within thirty (30) days of the time of the violation or alleged
violation of the provisions of this act. Any other suit brought under the
provisions of this section shall be commenced within one hundred eighty (180)
days of the time of the violation or alleged violation of the provisions of
this act.