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Montana FOI Resourcess |
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Open Meetings Law Montana Code 2-3-201 et seq.
Closed: Matters involving individual privacy and litigation between government entities and private parties. Citizens may file suit to overturn decisions made in allegedly illegal meetings. However, in 2006, the Montana Supreme Court ruled that citizens who challenge a decision must prove that it caused them "actual harm" over and above that of an ordinary taxpaper or citizen.
Open Records Law Montana Code 2-6-101 et seq.
The law gives citizens the right to inspect any "public writings" of the state except as prohibited by statute. Recent legislation removed several exemptions to the law, thus opening records, including death certificates.
Exempt: Records may be closed if the right to individual privacy clearly exceeds the public's right to know. However, the Montana Supreme Court has upheld challenges to statutes or executive branch decisions that closed records, ruling that the constitutional public right to know outweighed the individual privacy interest.
CONSTITUTION OF THE STATE OF MONTANA
Access in Montana Frequently Asked Questions: A Guide for Journalists and Citizens was prepared by the University of Montana School of Journalism, edited by Clem P. Work, 2005, 16 p.
This brochure explains the basic laws pertaining to access to public records, the courts and open meetings in Montana.
Format: Brochure 4 in. by 9 in.
Order from:
Open Government Guide from the
Reporters Committee for Freedom of the Press