Public libraries and district libraries are publicly funded and have policy-making boards. As such the business of public libraries is considered the public’s business and must adhere to Idaho’s Open Meeting Law – IC 67-2340 to 67-2347. To comply with the Idaho Open Meeting Law, notices of the meeting must be posted at the library in advance of the meeting. Meeting Notices – IC 67-2343 http://www.legislature.idaho.gov/idstat/Title67/T67CH23SECT67-2343.htm:

• Regular Meetings:
  • Post notice 5 calendar days in advance
  • Publish annually
  • Ordinance for cities or counties
• Special / Executive Meetings:
  • 24-hour notice
  • Include statutory authority for executive session-only meeting
• Emergency Meetings:
  • Requires good faith effort to notify governing board members and media if requested

Agendas – IC 67-2343 http://www.legislature.idaho.gov/idstat/Title67/T67CH23SECT67-2343.htm:

• An agenda is required for each meeting.
  • Posted same as meeting notice
  • Posted 48 hours (or 24 hours for “special” meeting)
  • Only “good faith” amendments
  • Motion and vote required for amendments made within 48 hours of, or during, the meeting to include reason

Executive Sessions – IC 67-2345 http://www.legislature.idaho.gov/idstat/Title67/T67CH23SECT67-2345.htm

• Most common uses:
  • Personnel selection, evaluation, discipline and dismissal (a) and (b)
  • Acquire interest in real property (c)
  • Consider records exempt from disclosure (d)
  • Discuss litigation – with your attorney (f)
  • Consider claims or potential claims – with your risk manager or insurer (j)

Executive Session Rules:

• May occur during regular or special meetings.
• Require approval of two-thirds by roll call vote & recorded in the minutes.
• Both the motion to go into executive session and the minutes must state the specific statutory authorization for the executive session and the topic.
  • For example: I move that we go into executive session pursuant to Idaho Code 67-2345(1)(a) to consider hiring a public employee (officer, staff member or individual agent).

Violations – IC 67-2347 http://www.legislature.idaho.gov/idstat/Title67/T67CH23SECT67-2347.htm: Failure to comply with the provisions of Idaho Code §§ 67 2340 through 67 2346 renders the action null and void.

• Any member who participates in a meeting that violates these provisions will be subject to a civil penalty.
  • up to $50
  • up to $500 for “knowingly” participating
  • up to $500 if subsequent to previous violation within last 12 months

Resources

Idaho Attorney General’s Office Open Meeting Law Manual - http://www.ag.idaho.gov/publications/legalManuals/OpenMeeting.pdf