Montana
Montana local governments prepare for new law requiring recorded meetings
EAST HELENA — Monday, July 1, was the effective date for a new state law that leaders say is intended to give the public a clearer picture of the work their local government is doing.
House Bill 890, sponsored by Rep. Brad Barker, R-Luther, requires many local government boards to record their meetings and post the recordings online within five business days. Now, it’s up to local leaders to make sure they’re following the law.
“It’s been a little bit of a learning process and a learning curve, understanding how we’re going to comply,” said Dan Rispens, superintendent of East Helena Public Schools.
Under HB 890, cities with more than 5,000 residents, counties with more than 4,500, most school districts with more than 1,000, and local health boards have to record the audio and video of their meetings. Smaller counties and cities with between 1,000 and 5,000 residents will only need to record audio.
Barker said when he was elected to the Legislature, one of his biggest concerns was a lack of trust in government, and he hoped steps like this would boost trust by providing transparency.
“The more that we put sunshine on the various things that we do – whether it’s discussing and approving budgets, approving contracts, all of the things that are involved in our public boards and entities – I think that it improves not only the process, that transparency also helps the public have a better understanding,” he said.
Most leaders MTN spoke to said the new law isn’t forcing major changes to their policies. For example, the city of Helena has been posting its meetings to Youtube since 2021, and the Lewis and Clark County Commission started doing the same last month. Commissioners in Jefferson and Broadwater Counties said they got used to streaming their meetings online during the COVID-19 pandemic, and it wasn’t a big step for them to get ready to record them as well.
The East Helena school board has also been streaming its meetings online since COVID, but that’s now changing. Rispens said the district decided for now to stop broadcasting them live and focus on the required recording.
“We’ve got a few people in the district – I think maybe two – that completely understand how to operate the equipment and make sure that the recording gets put down properly and is ready for posting,” he said. “So until we’re a little more comfortable with that process and we’ve got a few other folks who understand how to make sure it works, we just want to take it one step at a time.”
Rispens said it was difficult for the board and district staff to make sure that everyone had a full chance to participate equally in the hybrid meetings.
“You really need somebody full-time in the meeting who’s operating that Zoom meeting and monitoring the folks who are participating on Zoom and ensuring that people’s microphones are turned on at the appropriate time or turned off, and so it does become a little bit of a concern and a burden as to who’s going to do that,” he said.
EHPS uses a small Owl Labs camera that spins 360 degrees in an attempt to follow whoever is speaking. While they most often hold board meetings at the East Valley Middle School library, Rispens said they’re also able to use the camera when they’re meeting in other places.
“The problem with it being mobile is it’s not super high-quality video or audio production,” he said.
Regardless of the quality of the recordings, Barker says it’s important for the public to be able to get a clear, authoritative view of what happens in these meetings, as a way to push back against misinformation.
“With all the advances that we’ve had in technology and more recently at a much more rapid pace – artificial intelligence, the ability to create digital fraud, deepfakes – I think it’s important that we start as a government to take steps toward safeguarding,” he said.
During the 2023 legislative session, Barker also sponsored House Bill 724, which required local government boards to publish their agendas before meetings. That law took effect last year.
Montana
University of Montana president job draws high interest • Daily Montanan
The search for a new University of Montana president has drawn more than 60 applicants, according to a spokesperson for the Office of the Commissioner of Higher Education.
“We do not have an exact count at this time, as several applications are still being completed and additional submissions are expected,” said spokesperson and Deputy Commissioner Galen Hollenbaugh in an email earlier this week.
In January, then-UM-President Seth Bodnar announced his resignation to pursue other public service. Wednesday, the final day of filing, he announced he was running as an independent for the U.S. Senate to try to unseat Republican incumbent Steve Daines.
Commissioner of Higher Education Clayton Christian earlier said that with the advice of AGB Search, a firm that’s helped the Montana University System conduct other executive searches, he would undertake an expedited process to appoint a new president.
Christian has been providing brief updates on a website dedicated to the search. Last week, he said he and AGB Search are reviewing applications, and the pool of candidates was “strong and diverse.”
The commissioner also announced he was convening a small working group to assist in the search, members who “represent a variety of perspectives to assist in vetting and narrowing this field of exceptional candidates.”
In an email this week, Hollenbaugh identified the members of the working group who are assisting Christian with application review as:
- Community member and former Regent Joyce Dombrouski
- Faculty Senate Chairperson Valerie Moody
- Staff Senate President Dominic Beccari
- Administration Representative John DeBoer (Vice President of Academic Affairs)
- ASUM (Associated Students of the University of Montana) President Buddy Wilson
Hollenbaugh declined to comment on the way the rest of the process would unfold or the role the working group members would play.
Christian earlier said he anticipated an appointment within one to three months, or as soon as early this month.
Montana
Montana Supreme Court allows ballot measure on initiative process to move forward
HELENA — The Montana Supreme Court has ruled in favor of a proposed ballot measure intended to simplify the process for introducing ballot measures in the future.
Justices ruled 5-2 that the measure, currently called Ballot Issue #8, did not violate state requirements that a single constitutional amendment can’t make multiple separate changes to the Montana Constitution.
“We’re very grateful to the Montana Supreme Court for agreeing with us that the attorney general’s finding of legal insufficiency for Ballot Issue #8 was incorrect,” said SK Rossi, a spokesperson for Montanans Decide, the group sponsoring the measure.
Montanans Decide argues the Montana Legislature has passed laws making it harder for the public to propose and pass ballot issues. The Montana Constitution already guarantees the people the right to pass laws and amendments through ballot measures, but Ballot Issue #8 would expand that to include a right to “impartial, predictable, transparent, and expeditious processes” for proposing those measures. It would seek to prevent “interference from the government or the use of government resources to support or oppose the ballot issue.”
Attorney General Austin Knudsen’s office argued the measure “implicitly amended” multiple provisions in the state constitution, including by limiting the “power and authority of public officials to speak officially on ballot issues that affect those officials’ public duties” and by putting restrictions on judges and on the Legislature. Montanans Decide, the group sponsoring Ballot Issue #8, disagreed – and the majority of justices sided with them.
“Its provisions operate together to define and protect a single constitutional right—the people’s exercise of initiative and referendum,” wrote Justice Katherine Bidegaray in the majority opinion. “They are closely related components of one constitutional design.”
Bidegaray’s majority opinion was joined by Justices Jim Shea, Laurie McKinnon, Beth Baker and Ingrid Gustafson.
Chief Justice Cory Swanson and Justice Jim Rice each wrote dissenting opinions, saying they would have upheld Knudsen’s decision to disallow Ballot Issue #8. Rice said the language restricting government interference with a ballot issue was not closely related and should have been a separate vote. Swanson agreed with Rice and said the measure’s attempt to fix a timeline for legal cases surrounding ballot measures was also a separate substantial change.
In a statement, Chase Scheuer, a spokesperson for Knudsen’s office, reacted to the decision.
“This decision only further muddies the courts’ jurisprudence on ballot issue questions,” he said. “This initiative would violate the separate vote requirement by amending multiple parts of the Montana Constitution, but the court contradicted its prior rulings. Attorney General Knudsen will continue to neutrally apply the separate vote requirement in his review of ballot initiatives.”
The court’s decision means that Knudsen’s office will now need to approve ballot language for Ballot Issue #8. Once that language is finalized, Montanans Decide could begin gathering signatures to qualify the measure for the November ballot.
However, last year, sponsors of another initiative went to the Supreme Court to argue that the ballot statements Knudsen prepared were misleading. If Montanans Decide object to their ballot statements, that could further delay signature gathering while the case plays out in court.
“Regardless, we’re going to push as hard as we can to get those petitions into the hands of voters and let them sign and support if they so choose,” said Rossi.
Rossi said the legal battle this measure has gone through – and the possibility of more to come – shows why Ballot Issue #8 is needed.
“The state Legislature, and also statewide elected officials, have taken every opportunity to create burdens and hurdles and rigamarole for campaigns to get through in order to just get to the signature gathering phase, and then to get through the signature gathering phase onto the ballot, and then get through the election phase,” said Rossi. “The reason we filed this initiative is just to make sure that the process is simple, that the timeline is clear, and that Montanans can have their will heard when they want to propose and pass laws that they deem worthy.”
Montana
Christi Jacobsen enters race for Western House seat
HELENA, Mont. — Montana Secretary of State Christi Jacobsen is running for Montana’s Western Congressional District seat, entering the race a day after U.S. Rep. Ryan Zinke announced he would not seek reelection.
Jacobsen’s announcement sets up a new contest for the open seat after Zinke, a Republican, said he would seek reelection.
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