Are advisory committees, boards and commissions subject to the Open Meeting Law?
Section 67-2341(4) defines “public agency” to include “any subagency of a public agency which is created by or pursuant to statute, ordinance, or other legislative act,” and section 67-2341(5) defines “governing body” to include any body “with the authority to make decisions for or recommendations to a public agency regarding any matter.” (Emphasis added.) Thus, advisory committees, boards and commissions are subject to the Open Meeting Law if the body is created by or pursuant to statute, ordinance, or other legislative act and if the body has authority to make recommendations to a public agency. In contrast, an administrative committee, board or commission is not subject to the Open Meeting Law if it is not entrusted with the formation of public policy, but merely carries out the public policy established by a governing body, and if its activities do not constitute the making of “decisions for or recommendations to” a public agency, Idaho Water Resources Board v. Kramer, 97 Idaho 535
