What is Posting the Agenda?

The commission agenda is a legal document that, when posted, provides notice to the public that the commission/council is planning to meet and to conduct the public’s business at a certain time and at a certain place. If the agenda is to perform this legally required “notice” function it must be posted for time equating to "adequate notice", per 7-2-103, MCA (at least 48 hours before the meeting was established as minimum by A.G. Op. 47, No. 13, 1998), on the jurisdiction's website or social media where it normally posts meeting notices. Additionally, many jurisdictions have passed local policies that require meeting notices be included on at least three physical posting boards located in a predetermined public location, such as the entrance to city hall, the library or the post office.

If an item is not on the meeting agenda, the public cannot reasonably be expected to know in advance that the commission is going to deal with it. Thus, it is nearly always a mistake to conduct any substantive business at a commission meeting that has not been included on that meeting’s agenda. If Citizen Smith, or for that matter Commissioner Smith, shows up at the meeting and wants the commission to take action on an item that is not on the agenda, the concern should be acknowledged by scheduling the item for discussion on a future agenda when Citizen Smith’s neighbors will also have an opportunity to participate in the proceedings. This procedure, if faithfully followed, will assure an evenhanded approach to community problem-solving and it will also help retain the integrity of the council members, which is no small accomplishment in most Montana communities.