Montana Public Records Act / Right to Know

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

• Written — Email, mail, or delivered to agency
• In person — Accepted at agency offices during business hours
• Oral — Oral requests may be accepted

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

• Individual privacy
  Individual privacy - demands of individual privacy clearly exceed the merits of public disclosure (constitutional balancing test)
• Criminal justice
  Confidential criminal justice information (sections 44-5-103, 44-5-302)
• Judicial delib
  Judicial deliberations and court proceedings in camera
• Facility security
  Facility security plans and vulnerability assessments
• Attorney client
  Attorney-client privileged communications
• Trade secrets
  Trade secrets and proprietary commercial information
• Personnel
  Personal information in personnel files
• Tax records
  Tax returns and related financial records
• Medical
  Medical records and personal health information
• Juvenile
  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

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

Records Retention

MCA 2-6-1012

View retention law →

Retention schedule catalog →

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.

Sources & References

• Full text of law →
• Primary source →
• RCFP Open Government Guide — Montana →
• NFOIC State FOI Resources →