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Council moves into executive session to consult counsel on imminent litigation under Idaho statute
Summary
The McCall City Council voted to enter an executive session to consult legal counsel about litigation or controversies imminently likely to be litigated, citing Idaho law authorizing closed sessions for legal advice.
At the May 8 meeting, the McCall City Council voted to enter an executive session to consult with legal counsel concerning litigation or controversies imminently likely to be litigated.
The motion invoked the Idaho Open Meetings Act exemption authorizing closed sessions 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." City staff read the statutory basis during the motion; the council then approved the motion on a roll-call vote.
On the record, the council noted the presence of legal counsel and returned to open session later in the meeting. The specific matter discussed in executive session was not disclosed on the public record, consistent with statutory confidentiality for attorney-client deliberations.
The council cited Idaho Code §74-206(1)(f) (statutory exemption for attorney communication regarding litigation) as the legal authority for closing the session. After the executive session concluded, the meeting resumed and the council adjourned.
The council did not take a public action or vote related to the executive-session subject during the open portion of the meeting.
