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Idaho Legislature – VOTE YES on H0894 - Open meetings, recording (Posted: 03/17/26)

Summary

H0894 adds a section to current law about open meetings stating that no person attending the open meeting shall be prevented or prohibited from recording such meetings by audio, video, 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. No person shall be removed or excluded from meetings for recording, with the following exceptions:

  • Executive sessions.

  • Any meetings or hearings in a facility owned or operated by Idaho department of correction.

  • Any meetings or hearings in a facility owned or operated by Idaho department of juvenile corrections.

  • Any meetings or hearings conducted by Idaho commission of pardons and parole.

Reason for Recommendation to VOTE YES on H0894

The ability to non-intrusively record open meetings enhances government transparency and sharing of information with citizens who cannot attend meetings in person.

However, we are concerned that executive sessions, which exclude recording, will become more frequent and possibly stretch the rules. (Some public meetings, especially in rural areas, are run in a rather casual manner and we’ve observed many executive sessions being called. Because executive sessions are secretive, we cannot know what was discussed or whether the executive sessions were called properly.)

Under Idaho Code § 74-206(1), executive sessions qualify only for these purposes:

  1. Specific hiring evaluations (not elective offices or general staffing).

  2. Employee/public officer/school student evaluation, dismissal, disciplining, or complaints.

  3. Acquiring real property.

  4. Reviewing exempt public records.

  5. Competitive trade/commerce negotiations.

  6. Legal counsel on pending/imminent litigation.

  7. Pardons and parole commission.

  8. Juvenile corrections custody review board.

  9. Risk manager/insurance claim discussions.

  10. Certain labor contract matters.

Related

Mar 17
at
11:38 AM
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