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S1085......................................................by STATE AFFAIRS
MEETINGS - EXECUTIVE SESSIONS - Amends existing law relating to meetings of
public agencies to revise provisions relating to minutes of executive
sessions; to require presiding officers to specifically reference
authorization for holding executive sessions; and to revise the purposes
for which executive sessions may be held.
02/05 Senate intro - 1st rdg - to printing
02/06 Rpt prt - to St Aff
02/15 Rpt out - rec d/p - to 2nd rdg
02/16 2nd rdg - to 3rd rdg
02/22 3rd rdg - PASSED - 24-9-2
AYES -- Bastian, Bilyeu, Burkett, Cameron, Coiner, Corder,
Darrington, Davis, Gannon, Goedde, Heinrich, Hill, Kelly, Keough,
Langhorst, Little, Lodge, Malepeai, McGee, McKenzie, Richardson,
Schroeder, Stennett, Werk
NAYS -- Bair, Broadsword, Fulcher, Geddes, Hammond, Jorgenson,
McKague, Siddoway, Stegner
Absent and excused -- Andreason, Pearce
Floor Sponsor - Kelly
Title apvd - to House
02/23 House intro - 1st rdg - to St Aff
03/08 Rpt out - rec d/p - to 2nd rdg
03/09 2nd rdg - to 3rd rdg
03/14 3rd rdg - PASSED - 62-4-4
AYES -- Anderson, Andrus, Bayer, Bedke, Bell, Bilbao, Black, Block,
Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew,
Collins, Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart, Jaquet,
Killen, King, Kren, LeFavour, Loertscher, Luker, Marriott, Mathews,
McGeachin, Mortimer, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence,
Raybould, Ring, Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer,
Shepherd(2), Shepherd(8), Shirley, Shively, Smith(30), Smith(24),
Snodgrass, Stevenson, Thayn, Trail, Vander Woude, Wills, Wood(27),
Wood(35), Mr. Speaker
NAYS -- Barrett, Harwood, Henderson, Patrick
Absent and excused -- Clark, Henbest, Labrador, Lake
Floor Sponsor - Edmunson
Title apvd - to Senate
03/15 To enrol
03/16 Rpt enrol - Pres signed
03/19 Sp signed
03/20 To Governor
03/26 Governor signed
Session Law Chapter 174
Effective: 07/01/07
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE SENATE
SENATE BILL NO. 1085
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO MEETINGS OF PUBLIC AGENCIES; AMENDING SECTION 67-2344, IDAHO CODE,
3 TO REVISE PROVISIONS RELATING TO MINUTES OF EXECUTIVE SESSIONS AND TO MAKE
4 A TECHNICAL CORRECTION; AND AMENDING SECTION 67-2345, IDAHO CODE, TO
5 REQUIRE PRESIDING OFFICERS TO SPECIFICALLY REFERENCE AUTHORIZATION FOR
6 HOLDING EXECUTIVE SESSIONS AND TO REVISE THE PURPOSES FOR WHICH EXECUTIVE
7 SESSIONS MAY BE HELD.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Section 67-2344, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 67-2344. WRITTEN MINUTES OF MEETINGS. (1) The governing body of a public
12 agency shall provide for the taking of written minutes of all its meetings.
13 Neither a full transcript nor a recording of the meeting is required, except
14 as otherwise provided by law. All minutes shall be available to the public
15 within a reasonable time after the meeting, and shall include at least the
16 following information:
17 (a) All members of the governing body present;
18 (b) All motions, resolutions, orders, or ordinances proposed and their
19 disposition;
20 (c) The results of all votes, and upon the request of a member, the vote
21 of each member, by name;.
22 (2) Minutes of executive sessions may be limited to material the disclo-
23 sure of which is not inconsistent with the provisions of section 67-2345,
24 Idaho Code, but shall contain sufficient detail to convey the general tenor of
25 the meeting shall be limited to a specific reference to the statutory subsec-
26 tion authorizing the executive session and sufficient detail to convey the
27 general subject matter but shall not contain information sufficient to compro-
28 mise the purpose of going into executive session.
29 SECTION 2. That Section 67-2345, Idaho Code, be, and the same is hereby
30 amended to read as follows:
31 67-2345. EXECUTIVE SESSIONS -- WHEN AUTHORIZED. (1) Nothing contained in
32 this act shall be construed to prevent, upon a two-thirds (2/3) vote recorded
33 in the minutes of the meeting by individual vote, a governing body of a public
34 agency from holding an executive session during any meeting, after the presid-
35 ing officer has identified the authorization under this act by specific refer-
36 ence to one (1) or more of paragraphs (a) through (j) of this subsection for
37 the holding of such executive session. An executive session may be held:
38 (a) To consider hiring a public officer, employee, staff member or indi-
39 vidual agent. This paragraph does not apply to filling a vacancy in an
40 elective office;
41 (b) To consider the evaluation, dismissal or disciplining of, or to hear
2
1 complaints or charges brought against, a public officer, employee, staff
2 member or individual agent, or public school student;
3 (c) To conduct deliberations concerning labor negotiations or to acquire
4 an interest in real property which is not owned by a public agency;
5 (d) To consider records that are exempt from disclosure as provided in
6 chapter 3, title 9, Idaho Code;
7 (e) To consider preliminary negotiations involving matters of trade or
8 commerce in which the governing body is in competition with governing bod-
9 ies in other states or nations;
10 (f) To consider and advise its legal representatives in pending litiga-
11 tion or where there is a general public awareness of probable litigation
12 communicate with legal counsel for the public agency to discuss the legal
13 ramifications of and legal options for pending litigation, or controver-
14 sies not yet being litigated but imminently likely to be litigated. The
15 mere presence of legal counsel at an executive session does not satisfy
16 this requirement;
17 (g) By the commission of pardons and parole, as provided by law;
18 (h) By the sexual offender classification board, as provided by chapter
19 83, title 18, Idaho Code;
20 (i) By the custody review board of the Idaho department of juvenile cor-
21 rections, as provided by law; or
22 (j) To engage in communications with a representative of the public
23 agency's risk manager or insurance provider to discuss the adjustment of a
24 pending claim or prevention of a claim imminently likely to be filed. The
25 mere presence of a representative of the public agency's risk manager or
26 insurance provider at an executive session does not satisfy this require-
27 ment.
28 (2) Labor negotiations may be conducted in executive session if either
29 side requests closed meetings. Notwithstanding the provisions of section
30 67-2343, Idaho Code, subsequent sessions of the negotiations may continue
31 without further public notice.
32 (3) No executive session may be held for the purpose of taking any final
33 action or making any final decision.
STATEMENT OF PURPOSE
RS 16802
This legislation clarifies the Open meetings law requirements for
1. Taking minutes during an executive session; and
2. Going into executive session to consult with counsel.
This legislation also adds language to allow an executive session
to communicate, under certain circumstances, with the public
agency's risk manager or insurer.
FISCAL NOTE
None.
Contact
Representative Jim Clark
332-1210
Senator Kate Kelly
850-7217
STATEMENT OF PURPOSE/FISCAL NOTE S 1085