Public Business, Public Engagement, Public Meetings

Some History

Viewers will learn about

• Montana’s constitutional rights
• Why Montana’s constitution includes a right to know and a right to participate

Not Optional

Viewers will understand 

• What is required of board members to comply with the law
• What it means to allow participation and to protect people’s right to know

What is a Meeting?

Viewers will understand

• The definition of a meeting
• The six components that create a meeting
• Where power resides when working on a board

Executive Session and Committees

Viewers will learn

• The open meeting law applies to committees
• When a meeting can be closed
• Best practices for closing a meeting and taking action on items discussed in a closed meeting

When can a public meeting be closed to the public? 

For library boards there are two main situations in which a meeting may be closed to the public (otherwise known as going into executive session).

First, a public meeting may be closed when a person’s right to privacy exceeds the public’s right to know. The person involved can waive their right to privacy and request that the meeting be open. The meeting must remain open in this situation.  Ask the person involved in the issue if they want the meeting open or closed. If they do want it closed list the discussion as an executive session on the agenda, and remember, you must come out of the executive session before voting on an issue.

Second, a public meeting may be closed when the board needs to discuss a litigation strategy. However, if the litigation involves only public entities that meet the definitions in MCA 2-3-203 the meeting must remain open. 

The board chair is the only authority who has the right to decide whether something is public or private (excepting individuals involved who may waive their right to privacy, as previously mentioned).

Action Items and Executive Session 

The board may NOT take action during an executive session.  

Refer to the Information Guide: Open Meeting Law and Public Comment for more details about when a public meeting may be closed to the public.