Minutes, Votes and the Right to Record

Minutes are the official memory of a public body. Months from now, when someone asks who voted for the rate increase, nobody will consult someone's personal notes. They'll pull the minutes. So it matters what the law makes boards write down, how long they keep it, and what you can capture yourself.

What minutes must contain

74-205(1) requires written minutes of all meetings, available to the public "within a reasonable time after the meeting," with at least:

• all members of the governing body present;
• all motions, resolutions, orders or ordinances proposed, and their disposition;
• the results of all votes, and, upon the request of a member, the vote of each member by name.

That's a short list. It doesn't require a summary of discussion, public comment, or the reasons for a decision. Many boards write far more, and other statutes may require more of particular bodies. The AG manual notes that the minutes are public records, and its checklist suggests appointing someone to take them at the start of every meeting.

"A reasonable time" isn't defined. Most boards approve draft minutes at the next regular meeting. If a board is months behind, ask for the draft minutes, which are still public records, and raise the backlog with the board.

Voice votes, ballots and names

For a voice vote, the minutes must show the result. Names are required only if a member asks. The AG explains why: people in the room can see and hear how each member voted.

Paper ballots are different. 74-203(1) says "no decision at a meeting of a governing body of a public agency shall be made by secret ballot." AG Opinion 77-13, cited in the manual, says written ballots comply only if the ballots are available to the public on request and each member is identifiable by signature or other means. A board choosing its chair by unsigned slips of paper is voting by secret ballot.

Executive session minutes have their own rule in 74-205(2): cite the authorizing subsection and give enough detail to identify the purpose and topic without compromising the reason for closing.

How long the records last

The county figure surprises people. "Permanent" in 31-871 means a minimum of ten years. Many counties keep commission minutes much longer, but the statute's floor is ten.

Recordings are where gaps appear. The open meeting law doesn't require one, so a board that records "for the clerk's convenience" may delete the file once minutes are approved, if its retention schedule allows. Ask for the schedule. Cities must adopt theirs by resolution under 50-907(5). If you want a recording, request it quickly, in writing, before the scheduled destruction date.

The recording right (July 1, 2026)

The 2026 Legislature passed House Bill 894 67 to 1 in the House and 33 to 0 in the Senate. The governor signed it April 2, 2026, and it took effect July 1, 2026, as a new subsection (6) of 74-203. An earlier version, House Bill 627, stalled and was sent back to committee. The core of the law:

• No person attending an open public meeting "shall be prevented or prohibited from recording."
• Recording means "the capturing of audio, video, or photographs by electronic, digital, or other means."
• A governing body "may take measures to ensure the orderly conduct" of meetings "but shall not prohibit or unreasonably restrict recording."
• No one may be removed or excluded "for recording."

The exceptions are short:

For years the AG manual leaned on a 1965 California case, Nevens v. City of Chino, to argue that banning tape recorders was unreasonable. The July 2026 edition still cites Nevens in its answer on attendance rules, but its answer on recording now points straight to the statute: a governing body "shall not prohibit or unreasonably restrict recording."

What "orderly conduct" can and can't mean

No Idaho court has interpreted the new subsection yet, as far as this course could find, so the line between orderly conduct and unreasonable restriction is still being drawn. Reasonable sounds like: keep the aisle and exits clear, no lights in members' eyes, set up in the back or a designated area, don't walk into the dais area. Unreasonable sounds like: recording allowed only from a spot where you can't see or hear the board, a permit you must apply for in advance, or a rule that applies only to residents and not to the agency's own cameras. Be the person nobody can accuse of disorder. Bring a tripod, sit where you're told if it gives you a clear view, and keep your own recording of any confrontation about recording.