Montana Public Records Act
From Sunshine Review
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The Montana Public Records Act is a series of laws designed to guarantee that the public has access to public records of government bodies at all levels in Montana.
The Montana Open Meetings Law legislates the methods by which public meetings are conducted.
[edit] Recent news
[edit] Transparency blocking
- Lawyer's disciplinary records aren't public, Mont. justices decide
- City manager responds to public records ruling
More transparency blocking news from across the country.
[edit] Litigation
- Agency offers partial response to FOIA request
- Missoula County posts Plum Creek easement information
- County appeals in Plum Creek case
More FOIA litigation news from across the country.
[edit] Legislation
More FOIA legislation news from across the country.
[edit] Sunshine Guardians
Other Sunshine Guardians from across the country.
[edit] Montana's transparency report card
A 2008 study, BGA - Alper Integrity Index, conducted by the Better Government Association and sponsored by Alper Services, ranked Montana #46 in the nation with an overall percentage of 38.40%. [1]
A 2007 study, Graded state responsiveness to FOI requests, conducted by BGA and the NFOIC, gave Montana 9 points out of a possible 100, a letter grade of "F", and a ranking of 47 out of the 50 states.[2]
A 2002 study, Freedom of Information in the USA, conducted by IRE and BGA, ranked Montana's law as the 45th worst in the country, giving it a letter grade of "F".[3]
[edit] Features of the law
Montana law guarantees it's citizens the right to examine documents and other records that the government produces in the course of carrying out public duties.
[edit] What records are covered?
The original definition of records includes all writings of government bodies including electronic mail. [4] However it has been expanded to include all items in "electronic format or other nonprint media, including but not limited to videotapes, photographs, microfilm, film, or computer disk" [5]
Notable exceptions include but are not limited to:
- Library records [6]
- Locations of burial sites [7]
- Trade secrets [8]
- Security information that would jeopardize the security of people, infrastructure or computer information [9]
- The Montana Historical Society's collections [10]
- The sale of mailing lists [11]
- Social security numbers[12]
[edit] What agencies are covered?
The term agencies includes public officials in all branches of government. [13]
[edit] Who may request records?
The Montana public records law states that citizens are entitled to public records in the state, however, the Montana Constitution states that no person may be denied such records. The Constitution trumps statute, so anyone may request public documents in Montana. "No person shall be deprived of the right to examine documents or to observe the deliberations of all public bodies". [14] [15]
[edit] Must a purpose be stated?
There is no requirement for the statement of purpose within the law.
[edit] How can records be used?
The law does place a limit on the sale of mailing lists for commercial reasons.[16] Other than this, there is not restrictions on the use of records.
[edit] Time allowed for response
- See also: Request response times by state.
No time limits are specified.
[edit] Fees for records
Montana law allows the secretary of state to set the fee level and allows him or her to charge for both "filing and copying". [17] For electronic fees, Montana expands the potential for fees by charging for the use of equipment, the maintenance of databases, the means of duplication, and hourly labor after the first half hour.[18]
[edit] Open meetings
"The legislature finds and declares that public boards, commissions, councils, and other public agencies in this state exist to aid in the conduct of the peoples' business. It is the intent of this part that actions and deliberations of all public agencies shall be conducted openly. The people of the state do not wish to abdicate their sovereignty to the agencies which serve them."[19]
[edit] Proposed changes
Senate Bill 241 [20] the "Taxpayer Right to Know Act". This bill seeks to create a searchable online database of all state incomes and expenditures. On April 15 the bill was defeated by a vote of 51 to 48 in the state House.
[edit] Relevant legal cases
- See also: Court cases with an impact on state FOIA
Here is a list of lawsuits in Montana. For more information go the page or go to Montana sunshine lawsuits.
(The cases are listed alphabetically. To order them by year please click the icon to the right of the Year heading)
We do not currently have any pages on litigation in Montana. To add some see our Sunshine litigation project page.
[edit] Notable requests
[edit] See also
[edit] External links
- Montana Code - Public Records
- Montana Code - Open Meetings
- Open Government Guide to Montana
- Past articles on Montana
[edit] References
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