OPEN MEETING LAWS AND LABOR NEGOTIATIONS

OPEN MEETING LAWS AND LABOR NEGOTIATIONS

The Open Meeting laws previously codified in title 67 have been moved to a new title 74, chapter 2 Idaho Code, with some modification, effective July 1, 2015, with one exception

What is a meeting? Meeting - The convening of a governing body of a public agency to make a decision or to deliberate toward a decision in any matter. I.C. 74-202(6) Regular Meeting convened on the date fixed by law or rule, to conduct the business Special Meeting convened pursuant to a special call to conduct business as specified by the call. (A workshop is nothing more than an agenda item on either a regular or special meeting.)

Governing body = the members of any public agency which consists of two (2) or more members, with the authority to make decisions for or recommendations to a public agency regarding any matter. (emphasis added) I.C. 74-202(5) - city council - council subcommittees - commissions (i.e. planning, parks, arts, etc.) - boards This definition does not include meetings between staff and the public or staff meetings.

Serial meeting - Members of the governing body calling, emailing of meeting with individual members to discuss an item on which they will make a decision. - Staff sending out an email to the members asking for their vote, opinion, or approval on an issue before the governing body. - Polling the council/or other body

What isn t a meeting? Social gatherings or training sessions where the governing body is present (AIC conference/training, ICRMP training, etc.) Agenda setting discussions (i.e. are you available for a meeting, should this topic be on the agenda, etc.) General discussions among members that are not intended to result in a decision or recommendation.

NOTICE REQUIREMENTS Meeting Notice Regular Meeting Notice of the meeting to be posted at least 5 calendar days prior to the meeting Exception Adopting and posting an annual regular meeting calendar Special Meeting Posted at least twenty-four (24) hours notice Emergency Meeting (must meet criteria for emergency) As soon as possible

Agenda Notice Regular Meeting Posted at least forty-eight (48) hours prior to the meeting Special Meeting Posted at least twenty-four (24) hours prior to meeting (The agency shall also maintain a list of news media requesting notice and shall make a good faith effort to provide advance notification to them.) Emergency Meeting As soon as possible in light of the circumstances

Notice and Agenda Posting Location Prominent place at the principal office of the agency. If no office exists, at the building where the meeting will be held Possible other locations per city ordinance (Not recommended)

AGENDA CONTENT Date, Time, Place of meeting Name of Agency calling the meeting All items known to be probable items of discussion with sufficient detail to put a member of the public on notice and allow them to make an educated decision whether to attend. The reason(s) and specific provisions of law for any executive session on the agenda.

Amendments to Agenda Cancelled & rescheduled meetings Deletions Can be done at any time. Additions/amendments to the agenda - Prior to the required posting time - After the required posting time Requires council action and findings (Should be done rarely and only when proper findings can be made)

OPEN MEETING VIOLATIONS Penalty - Any member who conducts or participates in a meeting in violation - $250 civil penalty - Any member who knowingly violates not to exceed $1500 civil penalty - Any member who knowingly violates and has previously admitted to, or been determined to have, a violation within the past 12 months civil penalty not to exceed $2500

Cure - Self-recognition - Receipt of written notice of violation - Fourteen (14) days to respond - If body determines no violation occurred, no curative action needs to be taken - If determines a violation did occur, take action within fourteen (14) days of determination to void the prior action.

EXECUTIVE SESSION Motion - State the purpose and authority - 2/3 majority of governing body - Roll call vote Purpose - Consider hiring of public officer, employee or agent (not elected official or general staffing needs) where qualifications of applicants are to be evaluated. - Consider evaluation, dismissal or discipline of employee or officer, or to hear complaints about employee or officer.

- To acquire an interest in real property which is not owned by a public agency - To consider records that are exempt from disclosure as public writings - To consider preliminary negotiations involving matters of trade or commerce in which the city is competing with other states or nations.

- To communicate with legal counsel regarding pending litigation or controversies imminently likely to be litigated. - To engage in communications with public agency s risk manager or insurance provider to discuss adjusting claims or claim prevention. *Labor negotiations/deliberations there are currently 2 different and conflicting sections in the code to be on this issue No final decision or action may be taken in executive session.

MEETING MINUTES Required Contents record of motions and votes (minutes for a roll call vote must state the vote of each voting member individually) record of the topic and relevant code for executive session Recommended Contents summary of the discussion for each agenda item (Not verbatim)

PUBLIC PARTICIPATION Opportunity to comment required for public hearings No right for public to speak at any meeting except a public hearing May be invited to comment at regular or special meetings and/or workshops

LABOR NEGOTIATIONS Conflicting laws: I.C. 74-206(1)( c) allows deliberations on labor negotiations in executive session, and subsection (2) allows labor negotiations in executive session only when one party requests it. I.C. 67-2345 was repealed. (HB 90) I.C. 67-2345 which remains in effect until 7/1/2020, but was amended to no longer allows deliberations or negotiations in executives session. (HB 167) I.C. 67-2345A was added to the code to be effective until 7/1/2020 (HB 167)

I.C. 67-2345A Requires labor negotiations required to be in open session. (including meetings with labor arbitrators, mediators or similar labor dispute facilitators) Allows an executive session for limited purposes: - consider labor contract offer or to formulate a counteroffer; or - receive information about a specific employee, when: 1) it has direct bearing on the issues being negotiated; and 2) a reason person would conclude it would violate an employee s right to privacy

All documents exchanged between the parties are subject to disclosure laws. (i.e. offers, counteroffers, meeting minutes etc.) Notice of all negotiation session must be posted at the earliest possible time practicable. Public testimony, if any, shall be posted as an agenda item. Notice shall be posted on the front page of the city s official website. If time permits, notice shall be posted within twenty-four (24) hours at its regular meeting physical locations.

Open Meeting Negotiations PROS and CONS Open Meeting PROS - Both side are forced to justify their positions - More audience avoids dissemination of filtered or slanted information - Allows accurate public information - Prevents sidebars - Lessens special interest negotiations - Fosters civility - Public is allowed to monitor discussions that have tax ramifications

CONS - Prevents sidebars - May discourage frank communications

QUESTIONS?