2006 Legislation
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HOUSE BILL NO. 620 – Meetings, executive session, when

HOUSE BILL NO. 620

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Bill Status



H0620......................................................by STATE AFFAIRS
MEETINGS - EXECUTIVE SESSIONS - Amends existing law to provide that an
executive session may be held by a governing body of a public agency to
consult its legal counsel following the commencement of litigation in which
the governing body is a party or where litigation is probable; to provide
when litigation is probable; to increase monetary penalties; and to allow
certain private actions in the event of a violation of the open meetings
law.
                                                                        
02/09    House intro - 1st rdg - to printing
02/10    Rpt prt - to St Aff

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 620
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE OPEN MEETING LAW; AMENDING SECTION  67-2345,  IDAHO  CODE,  TO
  3        PROVIDE  THAT  AN  EXECUTIVE  SESSION MAY BE HELD BY A GOVERNING BODY OF A
  4        PUBLIC AGENCY TO CONSULT WITH ITS LEGAL COUNSEL FOLLOWING THE COMMENCEMENT
  5        OF LITIGATION IN WHICH THE GOVERNING BODY IS A PARTY OR  WHERE  LITIGATION
  6        IS  PROBABLE  AND TO PROVIDE WHEN LITIGATION IS PROBABLE; AMENDING SECTION
  7        67-2347, IDAHO CODE, TO INCREASE MONETARY PENALTIES, TO ALLOW CERTAIN PRI-
  8        VATE ACTIONS IN THE EVENT OF A VIOLATION OF THE OPEN MEETING  LAW  AND  TO
  9        MAKE A TECHNICAL CORRECTION; AND DECLARING AN EMERGENCY.
                                                                        
 10    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 11        SECTION  1.  That  Section 67-2345, Idaho Code, be, and the same is hereby
 12    amended to read as follows:
                                                                        
 13        67-2345.  EXECUTIVE SESSIONS -- WHEN AUTHORIZED. (1) Nothing contained  in
 14    this  act shall be construed to prevent, upon a two-thirds (2/3) vote recorded
 15    in the minutes of the meeting by individual vote, a governing body of a public
 16    agency from holding an executive session during any meeting, after the presid-
 17    ing officer has identified the authorization under this act for the holding of
 18    such executive session. An executive session may be held:
 19        (a)  To consider hiring a public officer, employee, staff member or  indi-
 20        vidual  agent.  This  paragraph  does not apply to filling a vacancy in an
 21        elective office;
 22        (b)  To consider the evaluation, dismissal or disciplining of, or to  hear
 23        complaints  or  charges brought against, a public officer, employee, staff
 24        member or individual agent, or public school student;
 25        (c)  To conduct deliberations concerning labor negotiations or to  acquire
 26        an interest in real property which is not owned by a public agency;
 27        (d)  To  consider  records  that are exempt from disclosure as provided in
 28        chapter 3, title 9, Idaho Code;
 29        (e)  To consider preliminary negotiations involving matters  of  trade  or
 30        commerce in which the governing body is in competition with governing bod-
 31        ies in other states or nations;
 32        (f)  To  consider  and  advise  consult  with its legal representatives in
 33        pending litigation or where there is a general public awareness of  proba-
 34        ble  counsel following the commencement of litigation in which the govern-
 35        ing body is a party or where litigation is probable. For the  purposes  of
 36        this act, litigation is probable only upon:
 37             (i)   A  decision of the governing body to consider initiating a law-
 38             suit;
 39             (ii)  Receipt of written communication from its legal counsel  recom-
 40             mending that the governing body initiate a lawsuit;
 41             (iii) Receipt  of  written  communication  from  a  third  party that
 42             threatens a lawsuit or implies that a lawsuit may  be  filed  against
 43             the governing body;
                                                                        
                                           2
                                                                        
  1        (g)  By the commission of pardons and parole, as provided by law;
  2        (h)  By  the  sexual offender classification board, as provided by chapter
  3        83, title 18, Idaho Code;
  4        (i)  By the custody review board of the Idaho department of juvenile  cor-
  5        rections, as provided by law.
  6        (2)  Labor  negotiations  may  be conducted in executive session if either
  7    side requests closed  meetings.  Notwithstanding  the  provisions  of  section
  8    67-2343,  Idaho  Code,  subsequent  sessions  of the negotiations may continue
  9    without further public notice.
 10        (3)  No executive session may be held for the purpose of taking any  final
 11    action or making any final decision.
                                                                        
 12        SECTION  2.  That  Section 67-2347, Idaho Code, be, and the same is hereby
 13    amended to read as follows:
                                                                        
 14        67-2347.  VIOLATIONS. (1) If an action, or any deliberation  or  decision-
 15    making  decision  making  that leads to an action, occurs at any meeting which
 16    fails to comply with the provisions of sections 67-2340 through 67-2346, Idaho
 17    Code, such action shall be null and void.
 18        (2)  Any member of the governing body governed by the provisions  of  sec-
 19    tions  67-2340 through 67-2346, Idaho Code, who knowingly conducts or partici-
 20    pates in a meeting which violates the provisions of this act shall be  subject
 21    to  a  fine  not  to exceed one five hundred fifty dollars ($1500) for a first
 22    violation and not to exceed three hundred one thousand dollars  ($31,000)  for
 23    each subsequent violation as a civil penalty.
 24        (3)  The attorney general shall have the duty to enforce this act in rela-
 25    tion  to public agencies of state government, and the prosecuting attorneys of
 26    the various counties shall have the duty to enforce this act  in  relation  to
 27    local public agencies within their respective jurisdictions. In the event that
 28    there  is reason to believe that a violation of the provisions of this act has
 29    been committed by members of a board of county commissioners or, for any other
 30    reason a county prosecuting attorney is deemed disqualified from proceeding to
 31    enforce this act, the prosecuting attorney or board  of  county  commissioners
 32    shall seek to have a special prosecutor appointed for that purpose as provided
 33    in section 31-2603, Idaho Code.
 34        (4)  Any  person affected by a violation of the provisions of this act may
 35    commence a civil action in the magistrate division of the  district  court  of
 36    the  county  in  which  the public agency ordinarily meets, for the purpose of
 37    requiring compliance with provisions of this act. No  private  action  brought
 38    pursuant  to this subsection shall result in the assessment of a civil penalty
 39    against any member of a public agency and there shall be no private  right  of
 40    action  for damages arising out of any violation of the provisions of sections
 41    67-2342 through 67-2346, Idaho Code, other than as provided in subsection  (2)
 42    of this section, may be brought. Any suit brought for the purpose of having an
 43    action  declared  or determined to be null and void pursuant to subsection (1)
 44    of this section shall be commenced within thirty (30) days of the time of  the
 45    violation  or  alleged violation of the provisions of this act. Any other suit
 46    brought under the provisions of this section shall  be  commenced  within  one
 47    hundred eighty (180) days of the time of the violation or alleged violation of
 48    the provisions of this act.
                                                                        
 49        SECTION  3.  An  emergency  existing  therefor,  which emergency is hereby
 50    declared to exist, this act shall be in full force and effect on and after its
 51    passage and approval.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                            RS 15599C1

This legislation amends Section 67-2345 of the Idaho Code to
clarify the Open Meeting Law in that a governing body of a public
agency may consult its legal counsel in executive session when
there is pending litigation or where there is a general public
awareness of probable litigation.  It also increases monetary
penalties and allows certain private actions in the event of a
violation of the Open Meeting Law.



                           FISCAL NOTE

There is no fiscal impact.





Contact
Name: Representative Russ Mathews 
Phone: (208) 332-1000

STATEMENT OF PURPOSE/FISCAL NOTE                         H 620