⚖️ Idaho Open-Meetings Compliance Tracker

Idaho Code Reference — Open Meeting Law

§74-201 — Policy: the people do not yield their sovereignty to the agencies that serve them, and the formation of public policy is public business that shall not be conducted in secret.

§74-202 — Definitions, including "public agency," "governing body," "meeting," "deliberation," "decision," "executive session" and "special meeting."

§74-203 — Meetings of governing bodies are open to the public, and no decision may be made by secret ballot (1). Members may take part by phone or video if at least one member or the agency head is physically at the noticed location and the public can hear (5). Anyone attending an open meeting may record it by audio, video or photo; the body may keep order but may not prohibit or unreasonably restrict recording (6), except in executive sessions and certain corrections and parole hearings.

§74-204 — Notice and agendas. Regular: meeting notice at least 5 calendar days ahead (an annual schedule can satisfy this for bodies that meet at least monthly) and the agenda at least 48 hours ahead (1). Special: notice and agenda at least 24 hours ahead; a true emergency is excepted, but its nature must be stated at the start of the meeting (2). Executive session only: 24 hours, stating the reason and the legal authority (3). Notices go at the principal office and online if the agency has a website or social media. Items that may be voted on must be marked "action item"; amendment and late-item rules are in (4).

§74-205 — Written minutes of all meetings, available within a reasonable time, listing members present, all motions and their disposition, and vote results (1). Executive session minutes must reference the authorizing subsection and identify the purpose and topic without defeating it (2).

§74-206 — Executive sessions: authorized only by a two-thirds vote of the governing body, by roll call recorded in the minutes, on a motion that names the specific authorizing subsections (1). Changing to a subject not named in the motion is a violation (2). No executive session may be held to take final action or make a final decision (3). Permitted purposes under (1):

• (a) To consider hiring a public officer, employee, staff member or individual agent (not filling an elective office or general staffing needs).
• (b) To consider the evaluation, dismissal or disciplining of, or to hear complaints or charges against, a public officer, employee, staff member, individual agent or public school student.
• (c) To acquire an interest in real property not owned by a public agency.
• (d) To consider records exempt from disclosure under chapter 1, title 74, Idaho Code.
• (e) To consider preliminary negotiations on matters of trade or commerce in which the governing body competes with governing bodies in other states or nations.
• (f) To communicate with legal counsel about pending litigation or controversies imminently likely to be litigated (the mere presence of counsel does not qualify).
• (g) By the commission of pardons and parole, as provided by law.
• (h) By the custody review board of the Idaho department of juvenile corrections, as provided by law.
• (i) To engage in communications with a risk manager or insurance provider about a pending or imminently likely claim (mere presence does not qualify).
• (j) To consider labor contract matters authorized under section 74-206A(1)(a) and (b).

§74-206A — Labor negotiations held in open session, with limited exceptions.

§74-207 — Open meetings of the legislature.

§74-208 — Violations. Actions from a noncompliant meeting are void (1). Civil penalties up to \$250 for taking part in a noncompliant meeting (2), up to \$1,500 for a knowing violation (3), up to \$2,500 for another knowing violation within 12 months (4). The Attorney General enforces against state agencies and the county prosecutor against local agencies (5). Any affected person may sue to require compliance; suits to void an action must be filed within 30 days of the action, other suits within 180 days (6). An agency may cure a violation within 14-day response and cure periods after written notice (7).

Where to read more

• Idaho Code Title 74, Chapter 2 — official text at legislature.idaho.gov.
• Idaho Attorney General, Open Meeting Law Manual — guidance on notice, agendas, executive sessions and remote attendance, at ag.idaho.gov.

Practical reminders

• The 30-day window in §74-208(6) is the deadline to file suit to void an action. Other suits have 180 days.
• The \$250 penalty does not require a knowing violation; the \$1,500 and \$2,500 penalties do (§74-208(2)-(4)). A timely cure under §74-208(7) bars the \$250 penalty.
• Always preserve the original posted agenda (screenshot with URL bar visible) and the website timestamp — proves notice timing.