Community, Laws, Ordinances & Regulations

Illegal Meetings- Open Meeting Laws

How to avoid having an illegal meeting?

Having read about the recent meeting during which two of the county commissioners and the mayor of Troy (among others) ran afoul of Montana’s Open Meeting Laws, it seems time to consider how not to have an illegal meeting.

Montana’s Open Meeting Laws require that “Meeting of Public Agencies” be open to the public. Public Agencies include boards, bureaus, commissions, agencies, etc.

First, what is a meeting? According to Montana’s Code Annotated, if it has a quorum, it’s a meeting. And it certainly doesn’t have to be in-person! (An email exchange is quite sufficient to be considered a meeting – especially now).

Now, quorum is an important word. On a five member school board, a quorum constitutes three members. Any two members can talk on the phone without having an illegal meeting. Of course, if the number of board members drops, the situation becomes more complicated.

In general, the smaller the board, the more important it is to be certain meetings are announced well in advance, so that state laws are followed. With small, three person boards, an illegal meeting could be just a careless phone call away.

Decisions made at meetings that violate Montana’s Open Meeting laws may be declared void (there is a time limit on that, though).

When does the public need to know? The requirements that the public be given notice in advance of the meeting are actually part of Montana’s public participation laws, and only apply when the meeting will include something of “significant public interest“.

How long in advance should the public know? Depends- the rule is that the more significant, the more notice should be given. (Forty-Eight Hours is the suggested minimum for County Commissioner’s meetings, according to the Attorney General).

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