Montana
Open Meetings Law
Formally: Montana Open Meetings Law
Mont. Code Ann. §§ 2-3-101 to 2-3-221
Sunshine Score
| Advance Notice | 2 days |
|---|---|
| Public Comment | Required, remote allowed, written accepted |
| Closed Sessions | 5 permitted categories |
| Minutes | Required |
| Recording | Required, broadcast required |
| Remote Participation | Allowed |
| Enforcement | Voidable, legislature exempt |
Agenda & Notice Requirements
Online posting: Not required
Sufficient advance notice for public to attend and participate; county commissions and school boards must give 48 hours notice; agenda posted at least 48 hours before meeting
Agenda changes at meeting: Allowed — majority vote
Public Participation
The agenda must include an item allowing public comment on any public matter not on the agenda that is within the agency's jurisdiction. Public comment received at a meeting must be incorporated into the official minutes. The agency may not take action on any matter raised during public comment unless it has been specifically noticed as an agenda item. M.C.A. §§ 2-3-202, 2-3-212.
Virtual Meetings
Allowed under MCA § 2-3-202; agencies may hold meetings in whole or in part through remote means. Remote members count toward quorum (MT Supreme Court confirmed teleconference quorum is subject to Open Meeting Act). Video recording required effective July 1, 2024 (audio-only in counties under 4,500).
Closed Sessions
Closed (executive) sessions: Allowed under specific circumstances
Permitted Categories
Meeting Minutes
Online posting: Not required
Content requirements: date, time, place, members present, all resolutions/ordinances/motions proposed and votes thereon (MCA § 2-3-212)
Recording & Broadcast
Enforcement
Scope
This law applies to:
Legislature: Exempt (follows own rules)
Accessibility & Language Access
ADA accessibility: ADA Title II applies to all public meetings. The state statute does not add requirements beyond federal law; reasonable accommodations must be provided on request.
Language access: No statutory language-access mandate beyond federal Civil Rights Act Title VI obligations for recipients of federal funds.