Mont. Code Ann. » TITLE 2. GOVERNMENT STRUCTURE AND ADMINISTRATION · CHAPTER 2. STANDARDS OF CONDUCT · Part 1. Code of Ethics
Montana Code Annotated

Mont. Code Ann. § 2-2-102 (2026)

Definitions

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 2
  3. CHAPTER 2
  4. Part 1
  5. 2-2-102 Definitions

TITLE 2. GOVERNMENT STRUCTURE AND ADMINISTRATION

CHAPTER 2. STANDARDS OF CONDUCT

Part 1. Code of Ethics

Definitions

2-2-102. Definitions. As used in this part, the following definitions apply:

(1) "Business" includes a corporation, partnership, sole proprietorship, trust or foundation, or any other individual or organization carrying on a business, whether or not operated for profit.

(2) "Compensation" means any money or economic benefit conferred on or received by any person in return for services rendered or to be rendered by the person or another.

(3) (a) "Gift of substantial value" means a gift with a value of $100 or more for an individual.

(b) The term does not include:

(i) a gift that is not used and that, within 30 days after receipt, is returned to the donor or delivered to a charitable organization or the state and that is not claimed as a charitable contribution for federal income tax purposes;

(ii) food and beverages consumed on the occasion when participation in a charitable, civic, or community event bears a relationship to the public officer's or public employee's office or employment or when the officer or employee is in attendance in an official capacity;

(iii) educational material directly related to official governmental duties;

(iv) an award publicly presented in recognition of public service; or

(v) educational activity that:

(A) does not place or appear to place the recipient under obligation;

(B) clearly serves the public good; and

(C) is not lavish or extravagant.

(4) "Judicial officer" includes all judicial officers, justices, district court judges, and judges of the judicial branch of state government.

(5) (a) "Local government" means a county, a consolidated government, an incorporated city or town, a school district, or a special district.

(b) The term does not include a district court or an entity under the control of the judicial branch of state government.

(6) "Official act" or "official action" means a vote, decision, recommendation, approval, disapproval, or other action, including inaction, that involves the use of discretionary authority.

(7) "Private interest" means an interest held by an individual that is:

(a) an ownership interest in a business;

(b) a creditor interest in an insolvent business;

(c) an employment or prospective employment for which negotiations have begun;

(d) an ownership interest in real property;

(e) a loan or other debtor interest; or

(f) a directorship or officership in a business.

(8) "Public employee" means:

(a) any temporary or permanent employee of the state, including an employee of the judicial branch;

(b) any temporary or permanent employee of a local government;

(c) a member of a quasi-judicial board or commission or of a board, commission, or committee with rulemaking authority; and

(d) a person under contract to the state.

(9) "Public information" has the meaning provided in 2-6-1002.

(10) (a) "Public officer" includes any state officer and any elected officer of a local government.

(b) For the purposes of 67-11-104, the term also includes a commissioner of an airport authority.

(11) "Special district" means a unit of local government, authorized by law to perform a single function or a limited number of functions. The term includes but is not limited to conservation districts, water districts, weed management districts, irrigation districts, fire districts, community college districts, hospital districts, sewer districts, and transportation districts. The term also includes any district or other entity formed by interlocal agreement.

(12) (a) "State agency" includes:

(i) the state;

(ii) the legislature and its committees;

(iii) all executive departments, boards, commissions, committees, bureaus, and offices;

(iv) the university system; and

(v) all independent commissions and other establishments of the state government.

(b) The term does not include the judicial branch.

(13) "State letterhead" means an electronic or written document that contains the great seal of the state provided for in 1-1-501 or purports to be a document from the state, a state agency, or a local government.

(14) "State officer" includes all elected officers and directors of the executive branch of state government as defined in 2-15-102 and all judicial officers, justices, district court judges, and judges of the judicial branch of state government.

History: En. 59-1702 by Sec. 2, Ch. 569, L. 1977; R.C.M. 1947, 59-1702; amd. Sec. 3, Ch. 18, L. 1995; amd. Sec. 1, Ch. 562, L. 1995; amd. Sec. 1, Ch. 122, L. 2001; amd. Sec. 1, Ch. 77, L. 2009; amd. Sec. 2, Ch. 156, L. 2019; amd. Sec. 1, Ch. 440, L. 2023; amd. Sec. 2, Ch. 559, L. 2023.

Notes of Decisions
Cited in 8 cases (2 in the last 5 years), 1985–2023 · leading case: Schoof v. Nesbit, 2014 MT 6 (Mont. 2014).
Sort: Relevance Newest Treatment
Schoof v. Nesbit, 2014 MT 6 (Mont. 2014). · cites it 8× “¶6 Schoof’s Third Amended Complaint sets out four counts: (1) violation of § 2-3- 203, MCA, (Montana’s open meetings statute) and Article II, Section 9 of the Montana Constitution (right to know); (2) violation of § 2-2-102, MCA,2 and Article II, Section 8 of the Montana…”
Molnar v. Fox, 2013 MT 132 (Mont. 2013). · cites it 9× “” Section 2-2-102, MCA. ¶26 The Code does not define “gift,” and Molnar urges us to adopt a narrow definition that would prohibit transfers only when the donee received the item or money “without restrictions.”
B. McLaughlin v. MT Legislature, 2021 MT 178 (Mont. 2021). · cites it 6× “Section 2-2-102(12), MCA. But all state employees, including those in the Judicial Branch, are included within the definition of “public employee.”
Monforton v. McMahon, 2023 MT 96N (Mont. 2023). · cites it 15× “¶8 Based on § 2-2-102(12), MCA, which defines “state officer” as “including all elected officers and directors of the executive branch of state government,” the District Court concluded that judges were not in that definition and, therefore, that judges did not constitute…”
State v. Higareda, 777 P.2d 302 (Mont. 1989). · cites it 2× “State officers are defined under § 2-2-102(8), MCA, as all elected officers and directors of the executive branch of state government.”
Tschida v. Mangan, 293 F. Supp. 3d 1217 (2017). “" Mont. Code Ann. § 2-2-102 (11). Other courts have focused, however, on the special role played by elected officials.”
Schoof v. Nesbit, 2014 MT 6 (Mont. 2014). · cites it 4× “¶6 Schoof’s Third Amended Complaint sets out four counts: (1) violation of § 2-3- 203, MCA, (Montana’s open meetings statute) and Article II, Section 9 of the Montana Constitution (right to know); (2) violation of § 2-2-102, MCA,2 and Article II, Section 8 of the Montana…”
Mountain States Ins. v. State Ex Rel. Bd. of Hail Ins., 708 P.2d 564 (Mont. 1985). · cites it 5× “We find the State Auditor as ex officio insurance commissioner is not financially interested in the Hail Board within the meaning of section 2-2-102(4), MCA. That section is a part of the Code of Ethics.”
— Mont. Code Ann. § 2-2-102(12) — 2 cases
B. McLaughlin v. MT Legislature, 2021 MT 178 (Mont. 2021). “Section 2-2-102(12), MCA. But all state employees, including those in the Judicial Branch, are included within the definition of “public employee.”
Monforton v. McMahon, 2023 MT 96N (Mont. 2023). “¶8 Based on § 2-2-102(12), MCA, which defines “state officer” as “including all elected officers and directors of the executive branch of state government,” the District Court concluded that judges were not in that definition and, therefore, that judges did not constitute…”
— Mont. Code Ann. § 2-2-102(3) — 1 case
Molnar v. Fox, 2013 MT 132 (Mont. 2013). “” Section 2-2-102, MCA. ¶26 The Code does not define “gift,” and Molnar urges us to adopt a narrow definition that would prohibit transfers only when the donee received the item or money “without restrictions.”
— Mont. Code Ann. § 2-2-102(3)(a) — 1 case
Molnar v. Fox, 2013 MT 132 (Mont. 2013). “” Section 2-2-102, MCA. ¶26 The Code does not define “gift,” and Molnar urges us to adopt a narrow definition that would prohibit transfers only when the donee received the item or money “without restrictions.”
— Mont. Code Ann. § 2-2-102(4) — 1 case
Mountain States Ins. v. State Ex Rel. Bd. of Hail Ins., 708 P.2d 564 (Mont. 1985). “We find the State Auditor as ex officio insurance commissioner is not financially interested in the Hail Board within the meaning of section 2-2-102(4), MCA. That section is a part of the Code of Ethics.”
— Mont. Code Ann. § 2-2-102(7)(a) — 1 case
B. McLaughlin v. MT Legislature, 2021 MT 178 (Mont. 2021). “Section 2-2-102(12), MCA. But all state employees, including those in the Judicial Branch, are included within the definition of “public employee.”
— Mont. Code Ann. § 2-2-102(8) — 1 case
State v. Higareda, 777 P.2d 302 (Mont. 1989). “State officers are defined under § 2-2-102(8), MCA, as all elected officers and directors of the executive branch of state government.”
— Mont. Code Ann. § 2-2-102(9)(a) — 1 case
Monforton v. McMahon, 2023 MT 96N (Mont. 2023). “¶8 Based on § 2-2-102(12), MCA, which defines “state officer” as “including all elected officers and directors of the executive branch of state government,” the District Court concluded that judges were not in that definition and, therefore, that judges did not constitute…”
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