Lawmakers rebuke proposal to increase fines for violating Open Meeting Law

BOISE – A sharp increase in fines for violating the Idaho Open Meeting Law proposed by a representative from Idaho Falls ran into a buzz saw of opposition Thursday.

Rep. Linden Bateman, a Republican, proposed increasing the maximum penalties to $500 from $50 for violations, and to $5,000 from $500 for knowing or repeated violations.

North Idaho Rep. Vito Barbieri, R-Dalton Gardens, said he was “appalled at this tenfold increase. ” Said Barbieri, “How does this act as a deterrent? Isn’t the public disclosure that such a thing happened, and being fined whatever it may be, enough to allow the public servant to recognize that they’re in violation of this rule?”

Bateman said the fines haven’t been increased since the Open Meeting Law was enacted in 1974. That law calls for all meetings of a governing body of a public agency to be open to the public, with some exceptions.

Other criticisms of Bateman’s proposal are that the increases are too much, too fast, and that low-paid or unpaid public officials might unknowingly violate the law and face the steep fines.

Bateman said a group of his constituents asked him to propose the increase. “I think we need to be perhaps more aggressive in this – our prosecuting attorneys should be more aggressive,” he said. “That’s the public trust, and public business should be conducted in public.”

Rep. Kathy Sims, R-Coeur d’Alene, backed Bateman’s bill. “What I’ve found in my district is the prosecuting attorneys are reluctant to even pay attention to this because of the fines being so small, and in my area it has been an issue many, many times.”

But after other members objected, Bateman said he’d withdraw the current version of the bill. “We’ll come back with one that’s been adjusted somewhat.”