Does the Open Meeting Law apply to a public agency headed by a single individual as contrasted with a multimember body?
No. Section 67-2341(5) defines a governing body to mean “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.) By definition, the Open Meeting Law applies only to a governing body which consists of two or more members and thus does not apply to a public agency headed by a single individual. Of course, it should be noted that under the Idaho Administrative Procedure Act (A.P.A.), Section 67-5201, et seq., various state agencies must hold open public meetings when they adopt rules or when they determine certain contested cases. The open public meeting requirements of the A.P.A. apply regardless of whether the public agency is headed by a single individual or by a multi-member body.
Related Questions
- Are members of the governing body of a public agency criminally liable for violations of the Open Meeting Law in which they knowingly participate?
- Does the Open Meeting Law require the governing body of a public agency to accept public comments and testimony during meetings?
- When is a subagency of a public agency subject to the Open Meeting Law?
