Lesson 7 of 9 · about 13 minutes
Remote and Electronic Meetings
You'll be able to
- State the physical presence and audibility requirements in 74-203(5)
- Tell a lawful hybrid meeting from an unlawful all-remote one
- Spot remote voting that drifts toward a secret ballot
- Separate a remote meeting from electronic deliberation outside a meeting
Idaho allowed remote participation long before video calls were normal, and the rule fits in one subsection, 74-203(5). It says yes to phones and video, on conditions that protect the public. A real room with a real person in it. And sound the public can hear.
The text, piece by piece
| 74-203(5) says | What it means for you |
|---|---|
| "All meetings may be conducted using telecommunications devices which enable all members of a governing body participating in the meeting to communicate with each other." | Phone and video are fine for any meeting, regular, special or emergency. Every participating member must be able to talk with every other. |
| Devices "may include, but are not limited to, telephone or video conferencing devices and similar communications equipment." | Any platform works. The statute doesn't name products. |
| "Participation by a member ... through telecommunications devices shall constitute presence in person." | Remote members count toward a quorum and can vote. |
| "At least one (1) member of the governing body, or the director of the public agency, or the chief administrative officer of the public agency shall be physically present at the location designated in the meeting notice." | There must be a physical location in the notice, and someone in charge must be there. |
| This is "to ensure that the public may attend such meeting in person." | The public's right is in-person attendance. |
| "The communications among members ... must be audible to the public attending the meeting in person and the members." | A speakerphone nobody can hear doesn't comply. Neither does a screen with muted audio. |
The AG manual's Question 26 restates these and adds one warning: "Care should also be taken to ensure that votes are not made in such a way to permit an illegal secret ballot or vote." Remote members should vote out loud, by name, in a way the room can hear.
What the statute doesn't require
Many boards livestream, post video afterward, or let the public comment by video. Good. None of that is required by 74-203(5). The public's statutory right is to come to the room and hear. A board that stops streaming hasn't broken the open meeting law, though it may have broken its own policy or a promise, and that's fair to raise.
The flip side matters more. A board can't replace the room with a stream. A notice that lists only a video link, with no physical location and nobody there, fails the statute no matter how many people watch online.
Notice, agendas, executive session procedure and minutes work exactly the same for remote meetings. Executive sessions held remotely need extra care: the roll call happens in the open part of the meeting where the room can hear it, and remote members should confirm they're somewhere private, since the topic is confidential by design.
Worked example: three remote setups
The invented Wapiti Creek Fire District has five commissioners.
| Setup | Who is where | Lawful? |
|---|---|---|
| A | Chair at the station named in the notice, speakerphone on the table, three commissioners on the phone, two residents in the room | Yes. Quorum is 3; four are present (one in person, three remote). The room can hear. |
| B | All five on video from home; notice lists the station, but the station is locked and empty | No. Nobody required is at the noticed location, and the public can't attend in person. |
| C | District chief at the station, all five commissioners remote, laptop audio so faint the residents can't follow | The chief satisfies the presence rule as chief administrative officer, but the audibility rule fails. Fix the speaker. |
Quorum math for setup A: five members, majority is 2.5, so 3 needed. One in the room plus three on the phone is 4.
Electronic deliberation outside a meeting
A remote meeting is a noticed meeting that happens to use technology. Electronic deliberation is something else: members discussing pending business by email, text, group chat or a shared document, with no notice, no agenda and no public. The AG manual's Question 27 is direct. Using a phone "does not remove the conversation from the requirements" of the law, and members "may not use computers or texting to conduct private conversations among themselves about board business."
Some patterns to recognize:
- The group text. A quorum in one thread trading views on a pending vote is a meeting with no notice.
- The shared draft. Members editing and commenting on a document that settles a pending decision, outside a meeting, can amount to deliberation. The comment history is a record.
- The side chat during a meeting. Members messaging each other privately during a public meeting about the item in front of them hides deliberation the public is entitled to hear. Those messages are public records too.
- The one-way update. Staff or a member sending information to everyone, with no replies exchanged, is not a meeting under the AG's reading. Watch whether replies start.
Labor negotiations add one electronic notice rule. Under 74-206A(3), a governing body must post notice of every negotiation session "at the earliest possible time practicable" on the front page of its official website, and also at its usual physical posting spots within 24 hours if time permits.
Common mix-ups
- Claim: Remote members don't count toward a quorum. What the evidence shows: 74-203(5) says remote participation "shall constitute presence in person."
- Claim: A livestream satisfies the open meeting law. What the evidence shows: The statute requires a noticed physical location with a member, the director or the chief administrative officer present.
- Claim: Group texts are private conversations. What the evidence shows: The AG says members may not text each other to conduct board business, and the messages are public records.
Reporting angle
- Go to the noticed location for a meeting where most members will be remote. Note who is there and whether you can hear.
- Ask for the platform's attendance log or chat export for a remote meeting. Both are records.
- Request messages exchanged among members during a meeting, by date and time window.
- If a board stops streaming, ask why, and whether it has a written policy.
Research angle
- Idaho Code 74-203: Open meeting requirement, secret ballot ban and the recording right.
- Idaho Code 74-204: Notice periods and agenda rules for regular, special and emergency meetings.
- Idaho Code 74-206A: Labor negotiation sessions held in open session.
- Attorney General, Idaho Open Meeting Law Manual (July 2026): The state's own question-and-answer guide to the law, with checklists.
Checklist
- The notice names a physical location.
- A member, the director or the chief administrative officer is physically there.
- Remote members are audible to the public in the room.
- Remote votes are cast aloud and identifiable.
- No group texts or side chats about pending business.
Check yourself
1. Under 74-203(5), who must be physically present at the noticed meeting location?
The statute requires at least one of those people at the location in the notice so the public can attend in person.
2. Does a member who joins by video count as present for a quorum?
74-203(5) treats telecommunications participation as presence in person, as long as the other requirements are met.
3. A board holds a meeting entirely on a video platform, with the notice listing only a link. What's the problem?
74-203(5) allows remote participation but requires an in-person location with at least one member, the director or the chief administrative officer present.
4. Does the open meeting law require a board to livestream its meetings or offer the public a remote way to watch?
The statute's public access rule is in-person attendance with audible communications. Many boards stream, but 74-203(5) doesn't require it.
5. Remote members vote by private chat message to the clerk, who announces only the total. What does the AG manual warn about?
The manual says care should be taken so remote votes are not made in a way that permits a secret ballot, which 74-203(1) bans.
Terms in this lesson
- Telecommunications device
- Phone, video conferencing or similar equipment that lets members communicate with each other during a meeting.
- Hybrid meeting
- A meeting with some members and the public in a room and other members joining remotely.
- Noticed location
- The physical place named in the meeting notice where the public can attend in person.
- Audibility requirement
- The 74-203(5) rule that members' communications must be audible to the public attending in person.
Sources
- Idaho Code 74-203, open public meetings, telecommunications checked 2026-10
- Idaho Code 74-204, notice of meetings checked 2026-10
- Idaho Code 74-206A, notice of labor negotiation sessions on the website checked 2026-10
- Idaho Attorney General, Idaho Open Meeting Law Manual (July 2026), Questions 26 and 27 checked 2026-10