Idaho § 74-203 - Governing bodies - Requirement for open public meetings

§ 74-203. 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, the surplus line association approved by the director of the Idaho department of insurance as authorized under chapter 12, title 41 , Idaho Code, and the Idaho depredating wildlife appeals board established under chapter 55, title 22 , 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 74-204 , 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.

(6) Except as otherwise provided in this subsection, no person attending open public meetings shall be prevented or prohibited from recording such meetings. For purposes of this subsection, "recording" means the capturing of audio, video, or photographs by electronic, digital, or other means. A governing body may take measures to ensure the orderly conduct of its open public meetings but shall not prohibit or unreasonably restrict recording as provided under this subsection. No person shall be removed or excluded from meetings for recording pursuant to the provisions of this subsection. The provisions of this subsection shall not apply to:

(a) Executive sessions;

(b) Any meetings or hearings in a facility owned or operated by the Idaho department of correction;

(c) Any meetings or hearings in a facility owned or operated by the Idaho department of juvenile corrections; or

(d) Any meetings or hearings conducted by the Idaho commission of pardons and parole.

[74-203, added 2015, ch. 140, sec. 5, p. 369; am. 2025, ch. 54, sec. 2, p. 264; am. 2026, ch. 281, sec. 1, p. 1175.]