How “right to know” works

Art. II, Sections 8 and 9 of the Montana Constitution guarantees all people the right to examine public documents or observe deliberations of public bodies – if the merits of public disclosure outweigh the demand of individual privacy. This constitutional provision is made operable through Title 2, Chapter 6 of the Montana Code Annotated (for public records) and Title 2, Chapter 3 (for open meetings).

RECORD REQUESTS/TIMELINES 

For state agencies: 

Each state agency must have, on its website, a designated contact for public-information requests. As of Nov. 1, 2026, it also must have a public-information request process posted on its website. 

Requests to state agencies that report to the governor may be routed to the Office of Public Information Requests (here’s the link -- https://opir.mt.gov/records-request). A list of those agencies can be found here: https://opir.mt.gov/agencies

Requests to state agencies not reporting to the governor (the Legislature, judicial offices, the Montana University System or agencies run by other elected state officials, such as the attorney general, secretary of state, state auditor, superintendent of public instruction or Public Service Commission) should be directed to those agencies. 

Upon receipt of an information request, the agency has 5 business days to acknowledge the requestor that it has received the request. If the request is for a single, specific, clearly identifiable and readily available public record, the agency then has 5 business days from acknowledgement to provide the record. 

If the information requested cannot be readily identified and gathered (in other words, if it’s not for a single, identifiable document), the agency must provide an estimate of the time it will take to fulfill the request and any fees to be charged. It must provide the documents within 90 days of acknowledgement, or within 6 months, if it determines the 90-day deadline cannot be met.  

If the agency asks for clarification or payment of a fee, the timeline for response will be suspended while the agency waits for the requestor to answer. If the requestor does not respond within 30 days, the agency may close the request. 

For local governments: 

Upon receipt of an information request, the agency must respond in a timely manner, by making the information available or providing the requestor with an estimate of the time it will take to fulfill the request, and any possible fees.

Fees: 

State and local government agencies can charge a fee for fulfilling the request. But those fees: 

·      Must reflect the actual cost of providing the document or documents.

·      Must be documented.

·      Can be estimated and required before the gathering of information.

·      Cannot exceed $25 an hour for searching for, gathering, reviewing, processing and providing the information in the most cost-efficient and timely manner possible.  

If the requestor asks the agency to “customize” the way the information is presented, those costs may be included in the fees.  

Agencies also may charge a “convenience fee” to cover the cost of providing digital government services. 

They also can charge a $5 “filing fee” for fulfilling a request that is not for a single, specific and readily available record, that includes one free hour of service. Time beyond the initial hour may be charged up to the $25 hour rate.  

These sections are sourced from Montana Code § 2-6-1006. 

OPEN MEETING REQUEST 

If you’re attempting to attend or attending a public meeting and the presiding office says it will be closed, assert your right to observe the meeting under Article II, Sections 8 and 9 of the Montana Constitution.  See the Reporter’s Wallet Card (hyperlink) under our resources page for further, detailed instructions.