NIC: Trustees broke the law

It appears there may have been at least three violations of the Open Meeting Law by the North Idaho College board at its recent special executive session meeting.

The first occurred when they shoehorned an issue into the executive session that is not allowed, a policy discussion. 67-2345 (3) Idaho Code specifically forbids this. A second violation occurred when they left executive session and reconvened to a regular session. As the Saturday meeting was a special call for an executive session closed meeting only, there is no provision in the law to go into an open session in this circumstance. The third violation occurred when the board discussed and voted on a motion in the aforementioned illegal meeting.

The Open Meeting Law provides that a complaint can be filed with the county prosecutor for enforcement or bring action in magistrates’ division of the county.

The Office of the Attorney General has published an Idaho Open Meeting Manual, the latest revision being November 2011. Every member of any governing body would be well advised to become familiar with this publication.

If there is ever any doubt about being open, always err on the side of openness.

GARY INGRAM

Coeur d’Alene

Editor’s note: As a state representative, Ingram was the primary author of Idaho’s open-meeting laws, which were adopted in 1974.