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. § 2-2-121 (2026)

Rules Of Conduct For Public Officers And Public Employees

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 2
  3. CHAPTER 2
  4. Part 1
  5. 2-2-121 Rules of conduct for public officers and public employees

TITLE 2. GOVERNMENT STRUCTURE AND ADMINISTRATION

CHAPTER 2. STANDARDS OF CONDUCT

Part 1. Code of Ethics

Rules Of Conduct For Public Officers And Public Employees

2-2-121. Rules of conduct for public officers and public employees. (1) Proof of commission of any act enumerated in subsection (2) is proof that the actor has breached a public duty.

(2) A public officer or a public employee may not:

(a) subject to subsection (6), use public time, facilities, equipment, state letterhead, supplies, personnel, or funds for the officer's or employee's private business purposes;

(b) engage in a substantial financial transaction for the officer's or employee's private business purposes with a person whom the officer or employee inspects or supervises in the course of official duties;

(c) assist any person for a fee or other compensation in obtaining a contract, claim, license, or other economic benefit from the officer's or employee's agency;

(d) assist any person for a contingent fee in obtaining a contract, claim, license, or other economic benefit from any agency;

(e) perform an official act directly and substantially affecting to its economic benefit a business or other undertaking in which the officer or employee either has a substantial financial interest or is engaged as counsel, consultant, representative, or agent; or

(f) solicit or accept employment, or engage in negotiations or meetings to consider employment, with a person whom the officer or employee regulates in the course of official duties without first giving written notification to the officer's or employee's supervisor and department director.

(3) (a) A candidate, as defined in 13-1-101(10)(a), may not use or permit the use of state funds for any advertisement or public service announcement in a newspaper, on radio, or on television that contains the candidate's name, picture, or voice except in the case of a state or national emergency and then only if the announcement is reasonably necessary to the candidate's official functions.

(b) A state officer may not use or permit the use of public time, facilities, equipment, state letterhead, supplies, personnel, or funds to produce, print, or broadcast any advertisement or public service announcement in a newspaper, on radio, or on television that contains the state officer's name, picture, or voice except in the case of a state or national emergency if the announcement is reasonably necessary to the state officer's official functions or in the case of an announcement directly related to a program or activity under the jurisdiction of the office or position to which the state officer was elected or appointed.

(4) A public officer or public employee may not participate in a proceeding when an organization, other than an organization or association of local government officials, of which the public officer or public employee is an officer or director is:

(a) involved in a proceeding before the employing agency that is within the scope of the public officer's or public employee's job duties; or

(b) attempting to influence a local, state, or federal proceeding in which the public officer or public employee represents the state or local government.

(5) A public officer or public employee may not engage in any activity, including lobbying, as defined in 5-7-102, on behalf of an organization, other than an organization or association of local government officials, of which the public officer or public employee is a member while performing the public officer's or public employee's job duties. The provisions of this subsection do not prohibit a public officer or public employee from performing charitable fundraising activities if approved by the public officer's or public employee's supervisor or authorized by law.

(6) A listing by a public officer or a public employee in the electronic directory provided for in 30-17-101 of any product created outside of work in a public agency is not in violation of subsection (2)(a) of this section. The public officer or public employee may not make arrangements for the listing in the electronic directory during work hours.

(7) A department head or a member of a quasi-judicial or rulemaking board may perform an official act notwithstanding the provisions of subsection (2)(e) if participation is necessary to the administration of a statute and if the person complies with the disclosure procedures under 2-2-131.

(8) Subsection (2)(d) does not apply to a member of a board, commission, council, or committee unless the member is also a full-time public employee.

(9) Subsections (2)(b) and (2)(e) do not prevent a member of the governing body of a local government from performing an official act when the member's participation is necessary to obtain a quorum or to otherwise enable the body to act. The member shall disclose the interest creating the appearance of impropriety prior to performing the official act.

History: En. 59-1706 by Sec. 6, Ch. 569, L. 1977; R.C.M. 1947, 59-1706; amd. Sec. 1, Ch. 59, L. 1991; amd. Sec. 7, Ch. 562, L. 1995; amd. Sec. 3, Ch. 42, L. 1997; amd. Sec. 3, Ch. 122, L. 2001; amd. Sec. 1, Ch. 58, L. 2003; amd. Sec. 1, Ch. 145, L. 2005; amd. Sec. 3, Ch. 173, L. 2005; amd. Sec. 1, Ch. 437, L. 2005; amd. Sec. 1, Ch. 386, L. 2011; amd. Sec. 1, Ch. 14, L. 2013; amd. Sec. 1, Ch. 259, L. 2015; amd. Sec. 3, Ch. 156, L. 2019; amd. Sec. 4, Ch. 559, L. 2023; amd. Sec. 1, Ch. 390, L. 2025.

Notes of Decisions
Cited in 10 cases (3 in the last 5 years), 2008–2026 · leading case: Molnar v. Fox, 2013 MT 132 (Mont. 2013).
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Molnar v. Fox, 2013 MT 132 (Mont. 2013). · cites it 22× “In March 2010, Professor Corbett issued a proposed decision, determining that Molnar violated § 2-2-104, MCA, two times by receiving “gifts of substantial value” from Northwestern and PPL, and violated § 2-2-121, MCA, five times by using state facilities and equipment for…”
Sports Shooting Ass'n v. State, Mt. Dept. of Fwp, 2008 MT 190 (Mont. 2008). · cites it 4× “FWP responded that the Legislature intended § 87-1-204, MCA, to cover only political elections, like the general prohibition on public employees' political activity under § 2-2-121, MCA, and § 13-35-226, MCA. ¶ 6 MSSA moved for summary judgment.”
Fish v. Trap Free Mont. Pub. Lands, 417 P.3d 1100 (Mont. 2018). · cites it 14× “Trap Free maintains that the Commissioner correctly interpreted the statute and that the District Court's interpretation leads to an absurd result that leaves a gaping loophole in the state ethics law. Specifically, Trap Free contends that under the District Court's decision any…”
B. McLaughlin v. MT Legislature, 2021 MT 178 (Mont. 2021). · cites it 5× “Section 2-2-121(2)(a), (3), MCA. It also restricts public employees from “lobbying, as defined in 5-7-102, on behalf of an organization .”
Park Cnty. Concerned Citizens v. DePuy, 2008 MT 246 (Mont. 2008). · cites it 18× “¶2 We restate and address the issues as follows: ¶3 Issue 1: Did the District Court correctly grant summary judgment to DePuy, holding that she did not violate § 2-2-105(3), MCA? ¶4 Issue 2: Did the District Court correctly grant summary judgment to DePuy, holding that she did…”
Monforton v. Motl, 2020 MT 202 (Mont. 2020). · cites it 17× “Specifically, Monforton’s complaint alleged Motl’s statements violated § 2-2-121(3)(a), MCA—an ethics rule which prohibits public officers and employees from using “public time, facilities, [and] equipment” to “solicit support for or opposition to the .”
Christie v. Dep't of Env't Quality, 2009 MT 364 (Mont. 2009). · cites it 2× “¶21 Upon review, the District Court affirmed Director Opper’s decision and stated that it viewed Christie’s behavior as a breach of public trust, a violation of his position as a member of the DEQ legal team, a violation of the rules of ethics for state employees, and a…”
Matter of Austin Knudsen, 2025 MT 304 (Mont. 2025). · cites it 7× “) 9 This Court addressed the Legislature’s claims of improper lobbying when resolving the subpoena-power issue in McLaughlin, holding, among other things, that the Legislature had no constitutional authority to investigate alleged violations of § 2-2-121, MCA; nor could it…”
T. Kendrick v. A. Knudsen, 2026 MT 39 (Mont. 2026). · cites it 3× “” Section 2-2-121(3)(a), MCA (emphasis added).”
Christie v. DEQ, 2009 MT 364 (Mont. 2009). · cites it 2× “¶21 Upon review, the District Court affirmed Director Opper’s decision and stated that it viewed Christie’s behavior as a breach of public trust, a violation of his position as a member of the DEQ legal team, a violation of the rules of ethics for state employees, and a…”
Mont. Code Ann. § 2-2-121(2)(a): 3 cases
B. McLaughlin v. MT Legislature, 2021 MT 178 (Mont. 2021). “Section 2-2-121(2)(a), (3), MCA. It also restricts public employees from “lobbying, as defined in 5-7-102, on behalf of an organization .”
Christie v. Dep't of Env't Quality, 2009 MT 364 (Mont. 2009). “¶21 Upon review, the District Court affirmed Director Opper’s decision and stated that it viewed Christie’s behavior as a breach of public trust, a violation of his position as a member of the DEQ legal team, a violation of the rules of ethics for state employees, and a…”
Christie v. DEQ, 2009 MT 364 (Mont. 2009). “¶21 Upon review, the District Court affirmed Director Opper’s decision and stated that it viewed Christie’s behavior as a breach of public trust, a violation of his position as a member of the DEQ legal team, a violation of the rules of ethics for state employees, and a…”
Mont. Code Ann. § 2-2-121(3): 2 cases
Molnar v. Fox, 2013 MT 132 (Mont. 2013). “In March 2010, Professor Corbett issued a proposed decision, determining that Molnar violated § 2-2-104, MCA, two times by receiving “gifts of substantial value” from Northwestern and PPL, and violated § 2-2-121, MCA, five times by using state facilities and equipment for…”
Fish v. Trap Free Mont. Pub. Lands, 417 P.3d 1100 (Mont. 2018). “Trap Free maintains that the Commissioner correctly interpreted the statute and that the District Court's interpretation leads to an absurd result that leaves a gaping loophole in the state ethics law. Specifically, Trap Free contends that under the District Court's decision any…”
Mont. Code Ann. § 2-2-121(3)(a): 4 cases
Molnar v. Fox, 2013 MT 132 (Mont. 2013). “In March 2010, Professor Corbett issued a proposed decision, determining that Molnar violated § 2-2-104, MCA, two times by receiving “gifts of substantial value” from Northwestern and PPL, and violated § 2-2-121, MCA, five times by using state facilities and equipment for…”
Fish v. Trap Free Mont. Pub. Lands, 417 P.3d 1100 (Mont. 2018). “Trap Free maintains that the Commissioner correctly interpreted the statute and that the District Court's interpretation leads to an absurd result that leaves a gaping loophole in the state ethics law. Specifically, Trap Free contends that under the District Court's decision any…”
Monforton v. Motl, 2020 MT 202 (Mont. 2020). “Specifically, Monforton’s complaint alleged Motl’s statements violated § 2-2-121(3)(a), MCA—an ethics rule which prohibits public officers and employees from using “public time, facilities, [and] equipment” to “solicit support for or opposition to the .”
T. Kendrick v. A. Knudsen, 2026 MT 39 (Mont. 2026). “” Section 2-2-121(3)(a), MCA (emphasis added).”
Mont. Code Ann. § 2-2-121(5): 1 case
Park Cnty. Concerned Citizens v. DePuy, 2008 MT 246 (Mont. 2008). “¶2 We restate and address the issues as follows: ¶3 Issue 1: Did the District Court correctly grant summary judgment to DePuy, holding that she did not violate § 2-2-105(3), MCA? ¶4 Issue 2: Did the District Court correctly grant summary judgment to DePuy, holding that she did…”
Mont. Code Ann. § 2-2-121(6): 2 cases
B. McLaughlin v. MT Legislature, 2021 MT 178 (Mont. 2021). “Section 2-2-121(2)(a), (3), MCA. It also restricts public employees from “lobbying, as defined in 5-7-102, on behalf of an organization .”
Matter of Austin Knudsen, 2025 MT 304 (Mont. 2025). “) 9 This Court addressed the Legislature’s claims of improper lobbying when resolving the subpoena-power issue in McLaughlin, holding, among other things, that the Legislature had no constitutional authority to investigate alleged violations of § 2-2-121, MCA; nor could it…”
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