Montana
Montana Public Records Act / Right to Know
Mont. Code Ann. section 2-6-1001 et seq.; Mont. Const. Art. II, section 9
Transparency Score: 52/100
Response Timeline
Montana has no fixed statutory deadline for responding to public records requests. Agencies must provide access within a 'reasonable' time. The constitutional right to know (Art. II, section 9) reinforces the presumption of public access.
No residency requirement. Any person, including out-of-state residents, may request public records. The constitutional right to know applies broadly.
How to Submit a Request
Accepted Methods
No specific format required. Written requests recommended for documentation. Must describe records with enough specificity for the agency to locate them.
Required Elements
- Description of records requested
- Requester contact information
Optional Elements
- Preferred format (paper vs electronic)
- Preferred delivery method
Fees
Section 2-6-1006(3) limits fees to actual costs. Agencies may not profit from records requests. Advance payment may be required for requests that will incur significant costs. The constitutional right to know argues for minimal fee barriers.
Fee Waivers
- Agencies may waive or reduce fees at their discretion
No statutory fee waiver provision. Fee waivers are at agency discretion. The constitutional underpinning of the right to know supports arguments for fee reduction.
Exemptions
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Individual privacy - demands of individual privacy clearly exceed the merits of public disclosure (constitutional balancing test)
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Confidential criminal justice information (sections 44-5-103, 44-5-302)
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Judicial deliberations and court proceedings in camera
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Facility security plans and vulnerability assessments
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Attorney-client privileged communications
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Trade secrets and proprietary commercial information
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Personal information in personnel files
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Tax returns and related financial records
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Medical records and personal health information
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Juvenile court records and proceedings
Montana's constitutional right to know (Art. II, section 9) creates a strong presumption of openness. Exemptions must satisfy a balancing test: the 'demands of individual privacy' must 'clearly exceed' the merits of public disclosure. This is one of the strongest constitutional protections for public records access in the US.
Appeal Process
1
Request internal review by agency head or designated official
2
File civil action in district court to compel disclosure (section 2-6-107)
Requesters may seek internal agency review, then file suit in district court under section 2-6-107. The constitutional right to know provides a strong basis for judicial review. Court reviews denials de novo with a presumption of openness.
Request Templates
NFOIC Montana Sample Request →
National Freedom of Information Coalition
RCFP Open Government Guide - Montana →
Reporters Committee for Freedom of the Press
MuckRock Montana Guide →
MuckRock
Records Retention
MCA 2-6-1012
Every government agency is required by MCA 2-6-1012 to manage public records according to established retention schedules. The State Records Committee and Local Government Records Committee must approve all disposal requests; approved schedules are legally binding.