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HomeMy WebLinkAboutOpen Meetin FAQsMeetings FAQ How is the day, time, and location of regular council meetings set? How can it be changed? The day, time, and location of regular council meetings is set by ordinance and can be changed by adopting a new ordinance (Idaho Code 50-705). It is a good idea to review the council’s regular meeting ordinance after the elected officials are sworn in following an election, to see if any changes are needed to accommodate the schedules of the mayor and councilors. How are special council meetings called? Special council meetings may be called by the mayor or by a majority of the full council—three members for a four-member council, or four members for a six-member council (Idaho Code 50-604; 50-706). What is the deadline for posting notice and agenda for regular council meetings? What about special council meetings? Where should meeting notices and agendas be posted? For regular council meetings, notice must be posted at least five calendar days before the meeting and the agenda must be posted at least 48 hours prior to the meeting (Idaho Code 74- 204). The council’s regular meeting schedule may be posted and left on the notice board at city hall and the new agenda added before each meeting rather than reposting the meeting notice before every regular meeting. For special council meetings, notice and agenda must be posted at least 24 hours prior to the meeting, except in the case of emergencies (Idaho Code 74-204). Meeting notices and agendas must be posted in a prominent place at city hall, but if no principal office exists, posting occurs at the building where the meeting is to be held (Idaho Code 74-204). Meeting notices and agendas must also be posted on the city’s website or social media platform, if it has a website or social media page. Do we need to post meeting notice and the agenda for council workshops or work sessions? Yes. Anytime a quorum of the council is together to discuss city business, it is a "meeting" for the purposes of the Idaho Open Meeting Law and notice and agenda must be posted (Idaho Code 74-203 and 74-204). Can the meeting agenda be changed after the deadline for posting? Yes. The agenda may be amended after the deadline for posting. If the change happens before the meeting, the revised agenda should be posted as soon as possible, and the council needs to approve a motion to amend the agenda stating the reason why the item was not listed on the original agenda (Idaho Code 74-204). An agenda may be amended after the start of a meeting, upon a motion that states the reason for the amendment and states the good faith reason the item was not on the original agenda. Final action may not be taken on agenda items added after the start of a meeting unless an emergency is declared that requires action at that meeting. The declaration and justification shall be reflected in the minutes (Idaho Code 74-204). Are action items required to be designated on the meeting agenda? Yes. Each agenda item that requires a vote must be identified on the agenda as an “action item.” Designating an agenda item as an action item does not force the council to take a vote at that meeting. The council can decide to delay the vote to a future meeting or table the matter without taking a vote. If the council uses a consent calendar or consent agenda to handle multiple actions in a single motion, the agenda description for the consent calendar or consent agenda can indicate that all the following items are action items and that prevents having a long list of items individually marked as action items. How many councilors are required for a quorum to do business at a meeting? A majority of the members of the full council is required for a quorum—three members for a four-member council or four members for a six-member council. Council vacancies do not reduce the number required for a quorum. The mayor is not counted for the quorum. If the council president or another councilor is chairing the meeting, they are counted for the quorum (Idaho Code 50-705). May elected officials participate in meetings remotely? Yes, elected officials may participate in meetings remotely by speakerphone or video conferencing, as long as the person participating remotely can clearly hear those at the meeting and vice versa. Councilors participating remotely are counted for the quorum and can vote just as if they were physically present at the meeting (Idaho Code 74-203). At least one elected official, or the city administrator, or the city clerk must be physically present at the meeting location so that the public may attend the meeting in person. What types of issues require voting by roll call? The following types of matters must be decided by roll call vote with each councilor voting individually and the vote of each councilor listed individually in the minutes.  Motion to enter executive session (Idaho Code 74-206).  Motion to pass an ordinance (Idaho Code 50-902).  Motion to approve a contract (Idaho Code 50-902). May councilors vote by secret ballot? No, Idaho law prohibits any governing body from making any decision by secret ballot (Idaho Code 74-203). What information is required in meeting minutes for the council and city boards, commissions, and committees? The following information is required to be included in minutes of every meeting:  All members of the governing body present;  All motions, resolutions, orders, or ordinances proposed and their disposition; and  The results of all votes; upon the request of a single member, the vote of each member recorded individually (Idaho Code 74-205). For executive sessions, the minutes need to reflect the motion to enter executive session, the vote by each councilor on the motion, the specific subsection of Idaho Code 74-206 authorizing the executive session (see below), the time the governing board entered executive session, and the time the governing board resumed in open session. Are city boards, commissions and committees required to have minutes of their meetings? Yes. What types of issues need to be discussed in executive session? The following subsections of Idaho Code 74-206 outline the issues that may be discussed in executive session. (a) To consider hiring a public officer, employee, staff member or individual agent, wherein the respective qualities of individuals are to be evaluated in order to fill a particular vacancy or need. This paragraph does not apply to filling a vacancy in an elective office or deliberations about staffing needs in general; (b) To consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public school student; (c) To acquire an interest in real property not owned by a public agency; (d) To consider records that are exempt from disclosure as provided in chapter 1, title 74, Idaho Code; (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; (f) To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated. The mere presence of legal counsel at an executive session does not satisfy this requirement; (g) and (h) do not apply to city governments… (i) To engage in communications with a representative of the public agency’s risk manager or insurance provider to discuss the adjustment of a pending claim or prevention of a claim imminently likely to be filed. The mere presence of a representative of the public agency’s risk manager or insurance provider at an executive session does not satisfy this requirement; or (j) To consider labor contract matters authorized under section 74-206A (1)(a) and (b), Idaho Code. How does the council go into executive session? There must be a motion to enter executive session, stating the specific subsection(s) of Idaho Code 74-206 that authorize the executive session (see above). The motion must be decided by roll call vote, with each councilor's vote recorded individually in the minutes. The motion must pass by two-thirds vote. Who may be present during an executive session? Is the clerk required to attend executive sessions? Whomever the council determines should be in the executive session. The clerk is not required to attend executive sessions. What are the penalties for violating the Idaho Open Meeting Law? Any governing board member who participates in an illegal meeting is subject to a fine of up to $250. If the governing board member knowingly violates the Open Meeting law, the fine is up to $1,500. Any action taken or decision made at a meeting held in violation of the Open Meeting Law is null and void (Idaho Code 74-208). Is there a way to cure Open Meeting Law violations? Yes. Any Open Meeting Law violation, whether brought to the city's attention by a written complaint or recognized by the city itself, may be cured. The violation must be acknowledged on the record and the decision/action declared void. The city may proceed to redo the decision/action in compliance with the law. Using the cure process protects governing board members from fines and ensures that courts do not strike down decisions made in violation of the Open Meeting Law (Idaho Code 74-208).