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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
]]]] 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
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