Somewhere in the beginning Commissioner Wargo brought up how they should be developing ideas over time together. That would make a ton of sense.
On the boards I have chaired that are subject to Montana's Open Meetings Law, if a large change is proposed to an agenda item, we typically would not vote on that item, but would put on the next month's agenda Agenda Item xxx: Decision . Because we literally have changed what was proposed to the public without providing them a period of consideration. The cadence of Commissioner Meetings is so unconducive to well thought out proposals, and I know those guys/gals are unpaid volunteers who have opinions coming at them from all directions, but a couple things could be done. 2 or 3 could meet to flesh an idea or ideas out to bring to the other 4 outside of public meetings since there is no quorum in those instances. Subcommittees not constituting a quorum are not subject to Open Meeting Laws as long as they take no official action. Or they could also simply have a planning meeting prior to this season setting meeting which would still be posted and open to the public, but no motions would be brought forth and that would be stated ahead of time.
I missed the last two hours of the meeting because I had my own public meeting to attend, and I think it could be argued it is contra to the spirit of Montana Law to vote on amendments, some of which change the whole package in a big way, prior to hearing public comment on those amendments. I understand those amendments become a part of a larger motion later in the meeting that is then voted on again, and I think that is where they would argue they've covered their requirements, but at that point: (1) oral opinion cannot be ad hoc. You've gotta register for the meeting 24 hours in advance and (2) those who wrote opinions in have not had the opportunity to provide input.
Each board must develop procedures and adopt rules to facilitate public participation in decisions that are of significant interest to the public . The procedures include a schedule of regular meeting times and agenda prepared and posted sufficiently in advance to provide notice of the topics to be discussed and actions to be considered. The public must also be afforded a reasonable opportunity to offer information and opinions, either orally or written, before final decisions are made.(2-3-103)
fwp.mt.gov
