Idaho Commission for LibrariesAddress: 325 W State St., Boise, ID 83702
Phone: (208) 334-2150 | In-State Toll Free: (800) 458-3271
Printed from the Idaho Commission for Libraries website: http://libraries.idaho.gov
The Board Meeting - Idaho Open Meeting Law
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
Idaho Attorney General’s Office Open Meeting Law Manual - http://www.ag.idaho.gov/publications/legalManuals/OpenMeeting.pdf