[Vision2020] The City of Moscow, the State of Idaho and . . .

Tom Hansen thansen at moscow.com
Sat Jul 11 07:03:25 PDT 2015

. . . Executive Sessions


Courtesy of the July 6, 2015 Moscow City Council Agenda:

"Adjourn – Motion to Take a 5 Minute Recess and Reconvene in Executive Session Per Idaho Code 74-206(1)(C)(F). The meeting will not reconvene."


Courtesy of Title 74 (Transparent and Ethical Government), Chapter 2 (Open Meetings Law), Paragraph 74-206, Idaho Statutes at:


(Sub paragraphs, applicable to the above particular session, are highlighted)

"TITLE 74 
74-206.  EXECUTIVE SESSIONS -- WHEN AUTHORIZED.[EFFECTIVE UNTIL JULY 1, 2020] (1) An executive session at which members of the public are excluded may be held, but only for the purposes and only in the manner set forth in this section. The motion to go into executive session shall identify the specific subsections of this section that authorize the executive session. There shall be a roll call vote on the motion and the vote shall be recorded in the minutes. An executive session shall be authorized by a two-thirds (2/3) vote of the governing body. An executive session may be held:
(a)  To consider hiring a public officer, employee, staff member or individual agent, wherein the respective qualities of individuals are to be evaluated in order to fill a particular vacancy or need. This paragraph does not apply to filling a vacancy in an elective office or deliberations about staffing needs in general;
(b)  To consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public school student;
(c)  To acquire an interest in real property which is not owned by a public agency;
(d)  To consider records that are exempt from disclosure as provided in chapter 1, title 74, Idaho Code;
(e)  To consider preliminary negotiations involving matters of trade or commerce in which the governing body is in competition with governing bodies in other states or nations;
(f)  To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated. The mere presence of legal counsel at an executive session does not satisfy this requirement;
(g)  By the commission of pardons and parole, as provided by law;
(h)  By the custody review board of the Idaho department of juvenile corrections, as provided by law; 
(i)  To engage in communications with a representative of the public agency's risk manager or insurance provider to discuss the adjustment of a pending claim or prevention of a claim imminently likely to be filed. The mere presence of a representative of the public agency's risk manager or insurance provider at an executive session does not satisfy this requirement; or
(j)  To consider labor contract matters authorized under section 67-2345A [74-206A](1)(a) and (b), Idaho Code.
(2)  The exceptions to the general policy in favor of open meetings stated in this section shall be narrowly construed. It shall be a violation of this act to change the subject within the executive session to one not identified within the motion to enter the executive session or to any topic for which an executive session is not provided.
(3)  No executive session may be held for the purpose of taking any final action or making any final decision."


I'll keep this statute readily available.  Somethin' tells me I'll be usin' it more and more . . . as time goes by.

Seeya 'round town, Moscow, because . . .

"Moscow Cares" (the most fun you can have with your pants on)
Tom Hansen
Moscow, Idaho

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