Table of Contents TITLE 2. GOVERNMENT STRUCTURE AND ADMINISTRATION CHAPTER 3. PUBLIC PARTICIPATION IN GOVERNMENTAL OPERATIONS Part 2. Open Meetings
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7 2-3-201 7 2-3-202 13 2-3-203 1 2-3-211 5 2-3-212 10 2-3-213 2-3-214 12 2-3-221

Mont. Code Ann. § 2-3-203 (2)

(2017)

Meetings of public agencies and certain associations of public agencies to be open to public – exceptions

(1) All meetings of public or governmental bodies, boards, bureaus, commissions, agencies of the state, or any political subdivision of the state or organizations or agencies supported in whole or in part by public funds or expending public funds, including the supreme court, must be open to the public.

(2) All meetings of associations that are composed of public or governmental bodies referred to in subsection (1) and that regulate the rights, duties, or privileges of any individual must be open to the public.

(3) The presiding officer of any meeting may close the meeting during the time the discussion relates to a matter of individual privacy and then if and only if the presiding officer determines that the demands of individual privacy clearly exceed the merits of public disclosure. The right of individual privacy may be waived by the individual about whom the discussion pertains and, in that event, the meeting must be open.

(4) (a) Except as provided in subsection (4)(b), a meeting may be closed to discuss a strategy to be followed with respect to litigation when an open meeting would have a detrimental effect on the litigating position of the public agency.

(b) A meeting may not be closed to discuss strategy to be followed in litigation in which the only parties are public bodies or associations described in subsections (1) and (2).

(5) The supreme court may close a meeting that involves judicial deliberations in an adversarial proceeding.

(6) Any committee or subcommittee appointed by a public body or an association described in subsection (2) for the purpose of conducting business that is within the jurisdiction of that agency is subject to the requirements of this section.

Opinions construing this section

13 opinions
2025 MT 112 May 29, 2025 Reversed
MEIC v. Governor
Dissenting by Beth Baker · 4 to 6 with 1 concurring
48, 158-59, 606 P.2d 1069, 1075 (1980), that the appropriate method of bringing an action asserting a violation of open meeting laws is by petition pursuant to § 2-3-203, MCA, not for a writ of mandamus. We reiterated in Goyen v. City of Troy, 276 Mont. 213, 223, 915 P.2d 824, 831 (1996), “that actions for violations 42 of the
2025 MT 76 Apr 22, 2025 Affirmed
Choteau Acantha v. Gianforte
Majority by Jim Rice · 5 to 0
on 2 Petitioners do not cross appeal the District Court’s dismissal of this claim. 5 to close the entirety of the Advisory Council’s meeting violated § 2-3-203(3), MCA, stating: The duration a public meeting may be closed is limited to the time the governmental body is discussing individual privacy matters. Here, Stutz preemp
2023 MT 208 Nov 7, 2023 Affirmed in part, reversed in part
Hanson v. Fort Peck
Majority by Dirk M. Sandefur · 7 to 0
oting that council subsequently met in closed “executive session[s]” with the Town Attorney to discuss the then-pending litigation in this case pursuant to § 2-3-203(4)(a), MCA (litigation exception to statutory Montana open meeting requirement). See also § 2-3-212, MCA (minutes requirements in re open and closed meetings of public o
2021 MT 282N Nov 2, 2021 Affirmed
Darrow v. Msla Dem. Cen. Com
Majority by Beth Baker · 5 to 0
entitled to relief.” Anderson, ¶ 8 (citing Jones v. Mont. Univ. Sys., 2007 MT 82, ¶ 42, 337 Mont. 1, 155 P.3d 1247) (additional citations omitted). Under § 2-3-203, MCA, all meetings of a public body must be open to the public. If a public body violates § 2-3-203, MCA, a person may file suit, and any decision made at the meet
2019 MT 298 Dec 31, 2019 Affirmed
Independent Living v. DOT
Majority by Mike McGrath · 5 to 0
c a reasonable opportunity to submit data, views, or arguments. Section 2-3-111, MCA. All meetings of public or governmental bodies must be open to the public. Section 2-3-203(1), MCA. Additionally, governmental bodies must either keep minutes of their meetings or create audio recordings accompanied by logs or time stamps. Section 2-3-212(1)
Official Annotations archive.org, 2017 edition
History:
En. Sec. 2, Ch. 159, L. 1963
Amd. Sec. 1, Ch. 474, L. 1975
Amd. Sec. 1, Ch. 567, L. 1977
R.C.M. 1947, 82-3402
Amd. Sec. 1, Ch. 380, L. 1979
Amd. Sec. 1, Ch. 183, L. 1987
Amd. Sec. 1, Ch. 123, L. 1993
Amd. Sec. 1, Ch. 218, L. 2005 (SB 470 - Harrington, Dan (D) SD 38)
Source text on leg.mt.gov