Montana Code Annotated

Mont. Code Ann. § 2-3-203 (2026)

Meetings Of Public Agencies And Certain Associations Of Public Agencies To Be Open To Public -- Exceptions

✓ current as of May 2026

Find cases: SyfertCases citing this section MT-LEGleg.mt.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

TITLE 2. GOVERNMENT STRUCTURE AND ADMINISTRATION

CHAPTER 3. PUBLIC PARTICIPATION IN GOVERNMENTAL OPERATIONS

Part 2. Open Meetings

Meetings Of Public Agencies And Certain Associations Of Public Agencies To Be Open To Public -- Exceptions

2-3-203. Meetings of public agencies and certain associations of public agencies to be open to public -- exceptions. (1) All meetings of public or governmental bodies, boards, bureaus, commissions, agencies of the state, or any political subdivision of the state or organizations or agencies supported in whole or in part by public funds or expending public funds, including the supreme court, must be open to the public.

(2) All meetings of associations that are composed of public or governmental bodies referred to in subsection (1) and that regulate the rights, duties, or privileges of any individual must be open to the public.

(3) The presiding officer of any meeting may close the meeting during the time the discussion relates to a matter of individual privacy and then if and only if the presiding officer determines that the demands of individual privacy clearly exceed the merits of public disclosure. The right of individual privacy may be waived by the individual about whom the discussion pertains and, in that event, the meeting must be open.

(4) (a) Except as provided in subsection (4)(b), a meeting may be closed to discuss a strategy to be followed with respect to litigation when an open meeting would have a detrimental effect on the litigating position of the public agency.

(b) A meeting may not be closed to discuss strategy to be followed in litigation in which the only parties are public bodies or associations described in subsections (1) and (2).

(5) The supreme court may close a meeting that involves judicial deliberations in an adversarial proceeding.

(6) Any committee or subcommittee appointed by a public body or an association described in subsection (2) for the purpose of conducting business that is within the jurisdiction of that agency is subject to the requirements of this section.

History: En. Sec. 2, Ch. 159, L. 1963; amd. Sec. 1, Ch. 474, L. 1975; amd. Sec. 1, Ch. 567, L. 1977; R.C.M. 1947, 82-3402; amd. Sec. 1, Ch. 380, L. 1979; amd. Sec. 1, Ch. 183, L. 1987; amd. Sec. 1, Ch. 123, L. 1993; amd. Sec. 1, Ch. 218, L. 2005.

Notes of Decisions

Cited in 39 cases (3 in the last 5 years), 1980–2025 · leading case: Common Cause v. Statutory Comm. to Nominate Candidates for Comm'r of Political Practices, 868 P.2d 604 (Mont. 1994).

Sort: Relevance Newest Treatment

Common Cause v. Statutory Comm. to Nominate Candidates for Comm'r of Political Practices, 868 P.2d 604 (Mont. 1994). · cites it 45× “Additionally, while the word agency is not defined in the open meeting statutes themselves, we determined in SJL that the definition of "agency" contained in § 2-3-102, MCA, applies to the term "agencies" used in § 2-3-203, MCA. SJL, 50 St.Rep. at 1728. Section 2-3-102, MCA,…”

Raap v. Wolf Point Sch. Dist., 2018 MT 58 (Mont. 2018). · cites it 63× “¶ 1 Kristine Raap (Raap) appeals from the judgment of the Montana Fifteenth Judicial District Court denying her motion for summary judgment and granting summary judgment to the Wolf Point School District Board of Trustees (Board) on her claim that the Board unlawfully terminated…”

Goyen v. City of Troy, 915 P.2d 824 (Mont. 1996). · cites it 70× “ISSUE 1 Did the District Court err in concluding there was no violation of the open meeting law in regard to the May 10, 1995, meeting? Section 2-3-203, MCA, provides that all meetings of governmental bodies be open with the following exception: [T]he presiding officer of any…”

Schoof v. Nesbit, 2014 MT 6 (Mont. 2014). · cites it 20× “Agencies must develop procedures permitting and encouraging “the public” to participate in agency decisions. Section 2-3-103(1)(a), MCA.”

Associated Press v. Crofts, 2004 MT 120 (Mont. 2004). · cites it 18× “¶ 16 Section 2-3-203(1), MCA (2001), which addresses the types of meetings subject to the open meeting laws, provides: All meetings of public or governmental bodies, boards, bureaus, commissions, agencies of the state, or any political subdivision of the state or organizations…”

Associated Press v. Bd. of Pub. Educ., 804 P.2d 376 (Mont. 1991). · cites it 14× “” and § 2-3-203, MCA, which states in pertinent part: “2-3-203.”

Moe v. Butte-Silver Bow Cnty., 2016 MT 103 (Mont. 2016). · cites it 8× “On November 15, 2013, Moe filed a complaint alleging three counts against the County: 1) violation of Montana’s open meeting laws, Article II, Section 9 of the Montana Constitution and § 2-3-203, MCA; 2) violation of Article II, Section 8 of the Montana Constitution and §§…”

Great Falls Tribune Co. v. Great Falls Pub. Schs., 841 P.2d 502 (Mont. 1992). · cites it 12× “The court granted the Board's motion for summary judgment on its counterclaim holding that the collective bargaining strategy exception is constitutional and was properly invoked.”

Flesh v. Bd. of Trs. of Jt. Sch. Dist. 2, Mineral & Missoula Counties, 786 P.2d 4 (Mont. 1990). · cites it 15× “Flesh asked the court to declare those meetings in violation of Article II, § 9 of the Montana Constitution and § 2-3-203, MCA. In addition, he requested that the District Court issue a writ of mandamus, ordering the defendant to conduct all meetings of the Board of Trustees in…”

Citizens for a Better Flathead v. Bd. of Cnty. Commissioners, 2016 MT 256 (Mont. 2016). · cites it 5× “Section 2-3-203(1), MCA. The governmental bodies must either keep minutes of their meetings or create audio recordings accompanied by logs or time stamps.”

Bryan v. Yellowstone Cnty. Elementary Sch. Dist. No. 2, 2002 MT 264 (Mont. 2002). · cites it 4× “One of these open meeting statutes, § 2-3-203(1), MCA, provides: All meetings of public or governmental bodies, boards, bureaus, commissions, agencies of the state, or any political subdivision of the state or organizations or agencies supported in whole or in part by public…”

Missoulian v. Bd. of Regents of Higher Educ., 675 P.2d 962 (Mont. 1984). · cites it 6× “” Section 2-3-203, MCA (Emphasis added.). The constitution appears to prescribe two different standards for determining whether a privacy interest prevails over a competing interest.”

Show all 39 citing cases →

— Mont. Code Ann. § 2-3-203(1) — 14 cases

Associated Press v. Crofts, 2004 MT 120 (Mont. 2004). “¶ 16 Section 2-3-203(1), MCA (2001), which addresses the types of meetings subject to the open meeting laws, provides: All meetings of public or governmental bodies, boards, bureaus, commissions, agencies of the state, or any political subdivision of the state or organizations…”

Schoof v. Nesbit, 2014 MT 6 (Mont. 2014). “Agencies must develop procedures permitting and encouraging “the public” to participate in agency decisions. Section 2-3-103(1)(a), MCA.”

Citizens for a Better Flathead v. Bd. of Cnty. Commissioners, 2016 MT 256 (Mont. 2016). “Section 2-3-203(1), MCA. The governmental bodies must either keep minutes of their meetings or create audio recordings accompanied by logs or time stamps.”

Common Cause v. Statutory Comm. to Nominate Candidates for Comm'r of Political Practices, 868 P.2d 604 (Mont. 1994). “Additionally, while the word agency is not defined in the open meeting statutes themselves, we determined in SJL that the definition of "agency" contained in § 2-3-102, MCA, applies to the term "agencies" used in § 2-3-203, MCA. SJL, 50 St.Rep. at 1728. Section 2-3-102, MCA,…”

Bryan v. Yellowstone Cnty. Elementary Sch. Dist. No. 2, 2002 MT 264 (Mont. 2002). “One of these open meeting statutes, § 2-3-203(1), MCA, provides: All meetings of public or governmental bodies, boards, bureaus, commissions, agencies of the state, or any political subdivision of the state or organizations or agencies supported in whole or in part by public…”

— Mont. Code Ann. § 2-3-203(2) — 3 cases

Missoulian v. Bd. of Regents of Higher Educ., 675 P.2d 962 (Mont. 1984). “” Section 2-3-203, MCA (Emphasis added.). The constitution appears to prescribe two different standards for determining whether a privacy interest prevails over a competing interest.”

Flesh v. Bd. of Trs. of Jt. Sch. Dist. 2, Mineral & Missoula Counties, 786 P.2d 4 (Mont. 1990). “Flesh asked the court to declare those meetings in violation of Article II, § 9 of the Montana Constitution and § 2-3-203, MCA. In addition, he requested that the District Court issue a writ of mandamus, ordering the defendant to conduct all meetings of the Board of Trustees in…”

Sonstelie v. Bd. of Trs. for Sch. Dist. No. 10, 658 P.2d 413 (Mont. 1983).

— Mont. Code Ann. § 2-3-203(3) — 7 cases

Goyen v. City of Troy, 915 P.2d 824 (Mont. 1996). “ISSUE 1 Did the District Court err in concluding there was no violation of the open meeting law in regard to the May 10, 1995, meeting? Section 2-3-203, MCA, provides that all meetings of governmental bodies be open with the following exception: [T]he presiding officer of any…”

Raap v. Wolf Point Sch. Dist., 2018 MT 58 (Mont. 2018). “¶ 1 Kristine Raap (Raap) appeals from the judgment of the Montana Fifteenth Judicial District Court denying her motion for summary judgment and granting summary judgment to the Wolf Point School District Board of Trustees (Board) on her claim that the Board unlawfully terminated…”

Moe v. Butte-Silver Bow Cnty., 2016 MT 103 (Mont. 2016). “On November 15, 2013, Moe filed a complaint alleging three counts against the County: 1) violation of Montana’s open meeting laws, Article II, Section 9 of the Montana Constitution and § 2-3-203, MCA; 2) violation of Article II, Section 8 of the Montana Constitution and §§…”

Bd. of Trs. v. Cut Bank Pioneer Press, 2007 MT 115 (Mont. 2007).

— Mont. Code Ann. § 2-3-203(4) — 4 cases

Associated Press v. Bd. of Pub. Educ., 804 P.2d 376 (Mont. 1991). “” and § 2-3-203, MCA, which states in pertinent part: “2-3-203.”

Great Falls Tribune Co. v. Great Falls Pub. Schs., 841 P.2d 502 (Mont. 1992). “The court granted the Board's motion for summary judgment on its counterclaim holding that the collective bargaining strategy exception is constitutional and was properly invoked.”

Associated Press, Inc. v. Montana Dep't of Revenue, 2000 MT 160 (Mont. 2000).

— Mont. Code Ann. § 2-3-203(4)(a) — 3 cases

Motta v. Philipsburg Sch. Distric, 2004 MT 387N (Mont. 2004).

Motta v. Philipsburg Sch. Dist., 2005 MT 1N (Mont. 2005).

— Mont. Code Ann. § 2-3-203(5) — 1 case

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.