Montana Code Annotated

Mont. Code Ann. § 2-3-212 (2026)

Minutes Of Meetings -- Public Inspection

✓ current as of May 2026

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TITLE 2. GOVERNMENT STRUCTURE AND ADMINISTRATION

CHAPTER 3. PUBLIC PARTICIPATION IN GOVERNMENTAL OPERATIONS

Part 2. Open Meetings

Minutes Of Meetings -- Public Inspection

2-3-212. Minutes of meetings -- public inspection. (1) Appropriate minutes of all meetings required by 2-3-203 to be open must be kept and must be available for inspection by the public. If an audio recording of a meeting is made and designated as official, the recording constitutes the official record of the meeting. If an official recording is made, a written record of the meeting must also be made and must include the information specified in subsection (2).

(2) Minutes must include without limitation:

(a) the date, time, and place of the meeting;

(b) a list of the individual members of the public body, agency, or organization who were in attendance;

(d) at the request of any member, a record of votes by individual members for any votes taken.

(3) If the minutes are recorded and designated as the official record, a log or time stamp for each main agenda item is required for the purpose of providing assistance to the public in accessing that portion of the meeting.

(4) Any time a presiding officer closes a public meeting pursuant to 2-3-203, the presiding officer shall ensure that minutes taken in compliance with subsection (2) are kept of the closed portion of the meeting. The minutes from the closed portion of the meeting may not be made available for inspection except pursuant to a court order.

History: En. Sec. 3, Ch. 159, L. 1963; amd. Sec. 3, Ch. 567, L. 1977; R.C.M. 1947, 82-3403; amd. Sec. 1, Ch. 65, L. 2011; amd. Sec. 29, Ch. 348, L. 2015.

Notes of Decisions

Cited in 10 cases (1 in the last 5 years), 1980–2024 · leading case: Associated Press v. Crofts, 2004 MT 120 (Mont. 2004).

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Associated Press v. Crofts, 2004 MT 120 (Mont. 2004). · cites it 4× “Devices such as not fixing a specific membership of a body, not adopting formal rules, not keeping minutes in violation of § 2-3-212, MCA, and not requiring formal votes, must not be allowed to defeat the constitutional and statutory provisions which require that the public's…”

Bd. of Trs. v. Bd. of Cnty. Commissioners, 606 P.2d 1069 (Mont. 1980). · cites it 6× “” Section 2-3-212(1), MCA. Such minutes must include the: “(a) date, time, and place of meeting; “(b) a list of the individual members of the public body, agency, or organization in attendance; “(c) the substance of all matters proposed, discussed, or decided; and “(d) at the…”

Citizens for a Better Flathead v. Bd. of Cnty. Commissioners, 2016 MT 256 (Mont. 2016). · cites it 2× “Section 2-3-212(1), (3), MCA. ¶41 Courts may void agency decisions reached in violation of these statutory provisions.”

Motta v. Philipsburg Sch. Bd. Trs., Dist. 1, 2004 MT 256 (Mont. 2004). · cites it 2× “The District Court also took issue with the series of clandestine meetings held prior to the February 13 meeting, stating that these meetings took place with little or no public notice, and that the School District’s failure to keep minutes at these meetings violated § 2-3-212,…”

Sonstelie v. Bd. of Trs. for Sch. Dist. No. 10, 658 P.2d 413 (Mont. 1983). · cites it 3× “Appellant asserts that the chairman of the Board did not first make such a determination because it is not reflected in the minutes (which must reflect “the substance of all matters proposed, discussed, or decided” pursuant to section 2-3-212, MCA).”

Boulder Monitor v. Jefferson High Sch. Dist. No. 1, 2014 MT 5 (Mont. 2014). · cites it 4× “Devices such as not fixing a specific membership of a body, not 18 adopting formal rules, not keeping minutes in violation of § 2-3-212, MCA, and not requiring formal votes, must not be allowed to defeat the constitutional and statutory provisions which require that the public’s…”

State v. Zwart, 2014 MT 5 (Mont. 2014). · cites it 2× “Devices such as not fixing a specific membership of a body, not 18 adopting formal rules, not keeping minutes in violation of § 2-3-212, MCA, and not requiring formal votes, must not be allowed to defeat the constitutional and statutory provisions which require that the public’s…”

Fletcher v. Park Cnty., 2015 MT 188N (Mont. 2015). · cites it 4× “In this case, the District Court determined that the construction of a small bridge on private property with limited use is not a matter of significant public interest. We agree.”

ACORN v. State, 2024 MT 182 (Mont. 2024). · cites it 2× “§ 2-3-212, MCA (providing for costs and fees in “right to know” enforcement actions); see also § 2-3-202, MCA (defining “meeting” under Mont.”

Bd. of Trs. v. Bd. of Count (Mont. 1980). · cites it 3× “" Section 2-3-212(1), MCA. Such minutes must include the: "(a) date, time, and place of meeting; " (b) a list of the individual members of the public body, agency, or organ- ization in attendance; " (c) t h e substance of a l l m a t t e r s pro- p o s e d , d i s c u s s e d ,…”

— Mont. Code Ann. § 2-3-212(1) — 3 cases

Citizens for a Better Flathead v. Bd. of Cnty. Commissioners, 2016 MT 256 (Mont. 2016). “Section 2-3-212(1), (3), MCA. ¶41 Courts may void agency decisions reached in violation of these statutory provisions.”

Bd. of Trs. v. Bd. of Cnty. Commissioners, 606 P.2d 1069 (Mont. 1980). “” Section 2-3-212(1), MCA. Such minutes must include the: “(a) date, time, and place of meeting; “(b) a list of the individual members of the public body, agency, or organization in attendance; “(c) the substance of all matters proposed, discussed, or decided; and “(d) at the…”

Bd. of Trs. v. Bd. of Count (Mont. 1980). “" Section 2-3-212(1), MCA. Such minutes must include the: "(a) date, time, and place of meeting; " (b) a list of the individual members of the public body, agency, or organ- ization in attendance; " (c) t h e substance of a l l m a t t e r s pro- p o s e d , d i s c u s s e d ,…”

— Mont. Code Ann. § 2-3-212(1)(a) — 1 case

Fletcher v. Park Cnty., 2015 MT 188N (Mont. 2015). “In this case, the District Court determined that the construction of a small bridge on private property with limited use is not a matter of significant public interest. We agree.”

— Mont. Code Ann. § 2-3-212(2) — 1 case

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