2005 Idaho Code - 67-2342 — GOVERNING BODIES -- REQUIREMENT FOR OPEN PUBLIC MEETINGS

                                  TITLE  67
                      STATE GOVERNMENT AND STATE AFFAIRS
                                  CHAPTER 23
                           MISCELLANEOUS PROVISIONS
    67-2342.  GOVERNING BODIES -- REQUIREMENT FOR OPEN PUBLIC MEETINGS. (1)
Except as provided below, all meetings of a governing body of a public agency
shall be open to the public and all persons shall be permitted to attend any
meeting except as otherwise provided by this act. No decision at a meeting of
a governing body of a public agency shall be made by secret ballot.
    (2)  Deliberations of the board of tax appeals created in chapter 38,
title 63, Idaho Code, the public utilities commission and the industrial
commission in a fully submitted adjudicatory proceeding in which hearings, if
any are required, have been completed, and in which the legal rights, duties
or privileges of a party are to be determined are not required by this act to
take place in a meeting open to the public. Such deliberations may, however,
be made and/or conducted in a public meeting at the discretion of the agency.
    (3)  Meetings of the Idaho life and health insurance guaranty association
established under chapter 43, title 41, Idaho Code, the Idaho insurance
guaranty association established under chapter 36, title 41, Idaho Code, and
the surplus line association approved by the director of the Idaho department
of insurance as authorized under chapter 12, title 41, Idaho Code, are not
required by this act to take place in a meeting open to the public.
    (4)  A governing body shall not hold a meeting at any place where
discrimination on the basis of race, creed, color, sex, age or national origin
is practiced.
    (5)  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. Such devices may include, but are not limited to,
telephone or video conferencing devices and similar communications equipment.
Participation by a member of the governing body through telecommunications
devices shall constitute presence in person by such member at the meeting;
provided however, that 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, as required under section 67-2343, Idaho Code, to ensure that
the public may attend such meeting in person. The communications among members
of a governing body must be audible to the public attending the meeting in
person and the members of the governing body.