Board Meetings and Public Comment Procedures
Open meetings
Board meetings are subject to Montana open-meeting law. The Board must give notice, post an agenda and keep minutes. It may hold executive session only for matters the law allows, such as personnel, litigation or confidential licensee information; final action generally must occur in open session.
Public comment
The Board's procedures should provide an opportunity for public comment. The chair may set reasonable time limits and ask speakers to sign in, but may not discriminate based on viewpoint. Persons wanting a specific item discussed should ask to be placed on the agenda before the meeting. Contested cases may have separate procedural rules, and confidential matters cannot be debated in public.
Worked example
An optometrist wants to urge the Board to amend a laser rule. Reasoning: the request should be submitted for the agenda; at the meeting, the licensee can comment during the public-comment period or on the agenda item. The Board can listen but is not required to debate or vote immediately. A private conversation with one member does not replace public comment.
Traps
- Expecting the Board to act on a request made only in public comment.
- Disrupting a meeting after time limits are set.
- Assuming executive session can be used to avoid public scrutiny.
- Discussing a pending confidential complaint in open session.
- Ignoring the difference between board meetings and contested-case hearings.