Montana’s 1972 Constitution contains two of the strongest open-government provisions in the country.
The two rights
- Right to know (Article II, Section 9): people may observe the deliberations of public bodies and examine government documents. The only exception is where a person’s individual privacy clearly outweighs the public’s interest in disclosure.
- Right of participation (Article II, Section 8): the public must have a reasonable opportunity to take part in agency decisions before they are final.
At a meeting
- Find the agenda. Public bodies must give notice, and most post agendas online.
- Look for a public-comment period, both on agenda items and for general comment.
- Keep comments short and specific. Written comments are usually accepted too.
- Closed sessions are allowed only for limited reasons, such as individual privacy or litigation strategy, and the reason should be stated.
Requesting records
Ask the agency’s records custodian in writing, describe what you want as specifically as you can, and ask for an estimate of any fees. State agencies publish public-information request procedures.
For more background, see our explainers on how Montana county government works and what Montana’s public libraries offer. Find more stories in our Local News section.
Sources
- Montana Constitution, Article II: https://leg.mt.gov/bills/mca/title_0000/article_0020/
- Montana Code Annotated 2-3-201 et seq. (open meetings) and 2-6-1001 et seq. (public records): https://leg.mt.gov/bills/mca/
- Montana Freedom of Information Hotline: https://www.mtfoi.org/