Presentation on theme: "Transparency in Government: Idaho Open Meeting and Public Record Laws."— Presentation transcript:
Transparency in Government: Idaho Open Meeting and Public Record Laws
Open Meeting Law Link to the Law Has Teeth
Open Meeting Law “It is policy of this state that formation of public policy is public business and shall not be conducted in secret.” Idaho Code
Definitions for Open Meeting Law
Quorum The minimal number of officers and members of a committee, (usually a majority), who must be present for valid transaction of business.
Meeting Convening of any governing body of a public agency that is making OR even deliberating toward a decision on a matter.
Governing Body Any public agency that consists of two or more members with the authority to make a decision or recommendation to a public agency.
The Basics of Public Meeting Law 1.)It is illegal if a quorum meets outside of the public meeting and took definitive action or even deliberated. 2.) Governing board must notify the public of a meeting within at least five days. 3.) They must also provide an agenda of the meeting. Why would this be important? 4.) The public agency must take minutes at the meeting and make them available to the public.
Exceptions to Public Meeting Law Excluded agencies; Idaho Board of Tax Appeals Idaho Life and Health Insurance Guaranty Association Idaho Insurance Guaranty Association Surplus Line Association
Executive Sessions Executive Sessions may be held with 2/3 vote of the governing body. Executive Sessions will be conducted behind closed doors.
Examples of Executive Sessions When making hiring decisions When evaluating, dismissing or disciplining public agents or to hear public complaints Labor negotiations Consider records that are exempt from disclosure To consider preliminary negotiations on trade or commerce In regards to litigation Commission of pardons and paroles Sexual offender classification Custodial review of juvenile corrections Discuss with agency pending claims Still – no executive session can be made for making a final decision
Public Record Law Link to Mind Your Business
Key Points to Public Record Law Everyone has the right to review and copy ANY public record. The agency may charge a copying fee. It usually takes three days to retrieve the public record. The agency has up to ten days and then they must notify you with an approval or denial.
Key Points to Public Records Law There are exceptions… Law related Workers compensations Emergency response plans Personnel records Personal health records Professional discipline Trade secrets Bids Court records dealing with minors’ abortions
Public Records Law Even if you are requesting a public record that is on the exempted list, you may obtain a copy if it pertains to you.