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What is Public Decision Making?

Montana’s Sunshine Laws: Ensuring Transparency and Public Participation in Local Government

Montana is one of a number of states whose constitution and laws require that the local government decision-­making process be conducted openly and with reasonable opportunity for citizens to participate. Accountability of government to the people is a central characteristic of Montana’s populist traditions and political culture that was incorporated into its 1972 constitution. Moreover, and especially from the perspective of local government, accountability is the basis for the high levels of trust enjoyed by local officials. Two of the most
important mechanisms for sustaining public accountability and, therefore, public trust in local government institutions are embedded as fundamental rights in Article II, Sections 8 and 9 of the Montana State Constitution. These are the rights of the people of Montana to participate in the decisions of their local government (Section 8) and the right of the people to know, examine and observe the deliberations of all public bodies (Section 9). These two enumerated rights, which assure governmental accountability have been implemented in Title 2, Chapter 3, MCA as Montana’s “sunshine laws” and are among the most stringent in the nation.