M1C1A

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Idaho’s Open Meeting Law excludes elected officials such as the governor, lieutenant governor, state treasurer, mayors, and so on, when they are acting in an official, executive capacity. Deliberations of the Board of Tax Appeals, the Public Utilities Commission and the Industrial Commission in which "a fully submitted adjudicatory proceeding in which hearings, if any are required" have been held, are specifically excepted from the open meeting requirements of the Open Meeting Law. However, those bodies have the discretion to conduct such deliberations in a public meeting.

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The Act does not name "covered" officials; neither does it exempt certain officials. Executive agencies are included in the definition of "public body." See 5 ILCS 120/1.02.

The Statute applies to public agencies and public bodies and to their members and employees who hold official positions, such as, “chair” and “executive director.”.

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Individual officials in their individual capacity are not covered, but any and all officials as part of a quorum of a board, commission, administrative adjudicatory body or other policymaking body of any state, county or city, district or other political subdivision are covered. §10-15-1(B), NMSA 1978.

The statute applies to "public agencies" and "governing bodies," not officials.

The Sunshine Law applies only to a "public body" — "a commission, authority, board, council, committee or any group of two or more persons organized under the laws of this State and collectively empowered as a voting body to perform a public governmental function . . . or collectively authorized to spend public funds." N.J.S.A. 10:4-8a. Therefore the activities of an executive such as the Governor or a mayor are not covered by the law.