2005 Legislation
Print Friendly

HOUSE BILL NO. 212 – Meeting/executive sessn/confidentl

HOUSE BILL NO. 212

View Bill Status

View Bill Text

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Bill Status



H0212......................................................by STATE AFFAIRS
MEETINGS - Amends existing law relating to the Open Meeting Act to provide
that discussion conducted in executive sessions shall remain confidential;
to provide exceptions; to increase penalties; to provide disposition of
civil penalties; and to allow for removal of any public officer who
knowingly violates open meeting requirements.
                                                                        
02/14    House intro - 1st rdg - to printing
02/15    Rpt prt - to St Aff

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 212
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE OPEN MEETINGS LAW; AMENDING SECTION 67-2345,  IDAHO  CODE,  TO
  3        PROVIDE THAT DISCUSSIONS CONDUCTED IN EXECUTIVE SESSIONS SHALL REMAIN CON-
  4        FIDENTIAL  AND PROVIDING EXCEPTIONS; AMENDING SECTION 67-2347, IDAHO CODE,
  5        TO INCREASE PENALTIES, TO PROVIDE DISPOSITION OF CIVIL  PENALTIES  AWARDED
  6        PURSUANT  TO  THIS  SECTION AND TO ALLOW FOR REMOVAL OF ANY PUBLIC OFFICER
  7        WHO KNOWINGLY VIOLATES OPEN MEETING REQUIREMENTS.
                                                                        
  8    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  9        SECTION 1.  That Section 67-2345, Idaho Code, be, and the same  is  hereby
 10    amended to read as follows:
                                                                        
 11        67-2345.  EXECUTIVE  SESSIONS -- WHEN AUTHORIZED. (1) Nothing contained in
 12    this act shall be construed to prevent, upon a two-thirds (2/3) vote  recorded
 13    in the minutes of the meeting by individual vote, a governing body of a public
 14    agency from holding an executive session during any meeting, after the presid-
 15    ing officer has identified the authorization under this act for the holding of
 16    such executive session. An executive session may be held:
 17        (a)  To  consider hiring a public officer, employee, staff member or indi-
 18        vidual agent. This paragraph does not apply to filling  a  vacancy  in  an
 19        elective office;
 20        (b)  To  consider the evaluation, dismissal or disciplining of, or to hear
 21        complaints or charges brought against, a public officer,  employee,  staff
 22        member or individual agent, or public school student;
 23        (c)  To  conduct deliberations concerning labor negotiations or to acquire
 24        an interest in real property which is not owned by a public agency;
 25        (d)  To consider records that are exempt from disclosure  as  provided  in
 26        chapter 3, title 9, Idaho Code;
 27        (e)  To  consider  preliminary  negotiations involving matters of trade or
 28        commerce in which the governing body is in competition with governing bod-
 29        ies in other states or nations;
 30        (f)  To consider and advise its legal representatives in  pending  litiga-
 31        tion or where there is a general public awareness of probable litigation;
 32        (g)  By the commission of pardons and parole, as provided by law;
 33        (h)  By  the  sexual offender classification board, as provided by chapter
 34        83, title 18, Idaho Code;
 35        (i)  By the custody review board of the Idaho department of juvenile  cor-
 36        rections, as provided by law.
 37        (2)  Labor  negotiations  may  be conducted in executive session if either
 38    side requests closed  meetings.  Notwithstanding  the  provisions  of  section
 39    67-2343,  Idaho  Code,  subsequent  sessions  of the negotiations may continue
 40    without further public notice.
 41        (3)  No executive session may be held for the purpose of taking any  final
 42    action or making any final decision.
 43        (4)  Discussions  made  at  executive  sessions shall be kept confidential
                                                                        
                                           2
                                                                        
  1    except from:
  2        (a)  Members of the public body who met in executive session;
  3        (b)  The county prosecutor or  the  attorney  general  when  investigating
  4        alleged violations of the open meetings law;
  5        (c)  The legal counsel for the public body;
  6        (d)  Any individual authorized by legal counsel for the public agency;
  7        (e)  Any  individual  representing  the  public agency's insurance program
  8        when adjusting a claim or assisting in loss control prevention.
  9        (5)  The governing body of a public agency shall instruct persons who  are
 10    present at the executive session regarding the confidentiality requirements of
 11    the open meetings law.
 12        (6)  Disclosure  of executive session information pursuant to this section
 13    does not constitute a waiver of any privilege, including  the  attorney-client
 14    privilege. Any person receiving executive session information pursuant to this
 15    section  shall  not  disclose that information except to the attorney general,
 16    the county prosecutor, or legal counsel for the public body. For the  purposes
 17    of  enforcing  this chapter, disclosure may be made to a court in camera; pro-
 18    vided however, any court that reviews executive session information shall take
 19    appropriate action to protect privileged information.
 20        (7)  Upon qualification for office following an appointment or election to
 21    a governmental body, as defined in section 67-2341,  Idaho  Code,  the  member
 22    shall  be  furnished by the clerk of the governmental body with a copy of sec-
 23    tions 67-2340 through 67-2347, Idaho Code. Each such member shall sign a writ-
 24    ten acknowledgment that he has been provided with such a copy. The acknowledg-
 25    ment shall be entered in the minutes of the governmental body.
                                                                        
 26        SECTION 2.  That Section 67-2347, Idaho Code, be, and the same  is  hereby
 27    amended to read as follows:
                                                                        
 28        67-2347.  VIOLATIONS.  (1)  If an action, or any deliberation or decision-
 29    making that leads to an action, occurs at any meeting which  fails  to  comply
 30    with  the  provisions  of  sections  67-2340 through 67-2346, Idaho Code, such
 31    action shall be null and void.
 32        (2)  Any member of the governing body governed by the provisions  of  sec-
 33    tions  67-2340 through 67-2346, Idaho Code, who knowingly conducts or partici-
 34    pates in a meeting which violates the provisions of this act shall be  subject
 35    to  a  fine  not  to exceed one five hundred fifty dollars ($1500) for a first
 36    violation and not to exceed three hundred one thousand dollars  ($31,000)  for
 37    each subsequent violation as a civil penalty. The civil penalties awarded pur-
 38    suant  to  this section shall be deposited into the general fund of the public
 39    body concerned. If the court determines that a public officer  knowingly  vio-
 40    lated any provisions of the open meetings law, the court may remove the public
 41    officer from office and declare the office vacant.
 42        (3)  The attorney general shall have the duty to enforce this act in rela-
 43    tion  to public agencies of state government, and the prosecuting attorneys of
 44    the various counties shall have the duty to enforce this act  in  relation  to
 45    local public agencies within their respective jurisdictions. In the event that
 46    there  is reason to believe that a violation of the provisions of this act has
 47    been committed by members of a board of county commissioners or, for any other
 48    reason a county prosecuting attorney is deemed disqualified from proceeding to
 49    enforce this act, the prosecuting attorney or board  of  county  commissioners
 50    shall seek to have a special prosecutor appointed for that purpose as provided
 51    in section 31-2603, Idaho Code.
 52        (4)  Any  person affected by a violation of the provisions of this act may
 53    commence a civil action in the magistrate division of the  district  court  of
                                                                        
                                           3
                                                                        
  1    the  county  in  which  the public agency ordinarily meets, for the purpose of
  2    requiring compliance with provisions of this act. No  private  action  brought
  3    pursuant to this subsection shall result in the assessment of  a civil penalty
  4    against  any  member of a public agency and there shall be no private right of
  5    action for damages arising out of any violation of the provisions of  sections
  6    67-2342  through 67-2346, Idaho Code. Any suit brought for the purpose of hav-
  7    ing an action declared or determined to be null and void pursuant  to  subsec-
  8    tion  (1)  of  this  section shall be commenced within thirty (30) days of the
  9    time of the violation or alleged violation of the provisions of this act.  Any
 10    other  suit  brought  under  the provisions of this section shall be commenced
 11    within one hundred eighty (180) days of the time of the violation  or  alleged
 12    violation of the provisions of this act.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 14837

The purpose of this legislation is to amend Idaho Code 67-2345
and 67-2347 to provide that discussions which take place in an
authorized executive session of a public body remain
confidential; to provide that any civil penalties awarded
pursuant to a violation of this Act be deposited into the general
fund of the public body concerned; and to further allow for the
removal of any public officer who knowingly violates any
provision of this Act.


                           FISCAL NOTE

There is no fiscal impact on the general fund.



Contact
Name: Cliff Green or John Watts, Idaho School Boards Association 
Phone: 208-854-1476




STATEMENT OF PURPOSE/FISCAL NOTE                   H 212