(Pocatello for Accountable Government Entities, January 17, 2024)
Did you know . . . ?
The exceptions to Idaho’s Open Meetings law which allow a governing body to enter into “executive session” (when members of the public are excluded) are very limited and are to be “narrowly construed” per the statute.
” . . . It shall be a violation of this chapter to change the subject within the executive session to one not identified within the motion to enter the executive session or to any topic for which an executive session is not provided.” Idaho Statute 74-206 (2)
https://legislature.idaho.gov/…/title74/t74ch2/sect74-206/
A couple years ago, the council failed to obtain the 2/3 vote required to enter into an executive session because Council members disagreed about whether the topic met the “narrowly construed” condition of Idaho Statute 74-206 1(e) “To consider preliminary negotiations involving matters of trade or commerce in which the governing body is in competition with governing bodies in other states or nations.”
That topic (as later confirmed) was the 2022 Skywest Airlines minimum revenue guarantee (MRG).
For clarification, Idaho Statute 74-206(3) states: “No executive session may be held for the purpose of taking any final action or making any final decision.” Therefore, these sessions are used for deliberation and sharing of facts, not to take action.
No regular external oversight of the use of executive session as an exemption to Idaho’s open meeting laws exists. It is left to our elected representatives to be self-regulating, exercise common-sense and adhere to the “narrowly construed” requirement when participating and using these exceptions. For any misuse to come to light, a participant in the meeting would need to disclose abuse of the law.
