See also the:
Idaho Open Meeting Law Manual [PDF]
How to object to a closed meeting  
Open Meetings Law 

Q: What public bodies or agencies are subject to the Open Meeting Law? 
A: Idaho Code section 67-2342(1) provides: "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." 
"Governing body" is defined by section 67-2341(5) to mean the members of any public agency "with the authority to make decisions for or recommendations to a public agency regarding any matter." Section 67-2341(4) then defines "public agency" to encompass various categories of governmental entities and subdivisions at all levels of government. 

Q: What constitutes a meeting under the Open Meeting Law? 
A: Section 67-2341(6) defines "meeting" to mean "the convening of a governing body of a public agency to make a decision or to deliberate toward a decision on any matter." 
"Decision" is then defined by section 67-2341(1) to include: "...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." 
The term "deliberation" is defined by section 67-2341(2) and 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." 

Q: What are the notice requirements of the Open Meeting Law? 
A: Section 67-2343 requires that no less than a five (5) calendar day meeting notice will be given unless otherwise provided by statute. With respect to "special meetings" or "executive sessions," there must be at least a twenty-four (24) hour meeting notice, unless an emergency exists. 
The notice of an executive session must state the authorizing provision of law.  The notice requirement of section 67-2343 also includes the requirement of posting an agenda. With respect to "regular meetings," a forty-eight (48) hour advance agenda notice is required. New agenda items cannot be added unless it can be shown that a good faith effort has been made to include in the published notice all agenda items known at the time to be probable items of discussion. The notice must specifically set forth the purpose of the meeting and "items of business." 

Q: Are public agencies required to hold executive sessions? 
A: No. It should be noted that the Open Meeting Law establishes circumstances where executive sessions are permissible. The act in no way requires any closed meetings. The Idaho Attorney General's office advises: If in doubt, open the meeting.

The Law

THE ACT  

(Idaho Code §§ 67-2340 through 67-2347)  

67-2340. Formation of public policy at open meetings. -- The people of the 
state of Idaho in creating the instruments of government that serve them, do 
not yield their sovereignty to the agencies so created. Therefore, the 
Legislature finds and 
declares that it is the policy of this state that the formation of public 
policy is public business and shall not be conducted in secret.  

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 fortyeight (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 
twentyfour (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 to 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 67-2345, 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 
twothirds (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 decisionmaking 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.