Does passing notes and whispering among members of governmental bodies violate the Open Meetings Act?
There are no court cases or sections of statute that support these attempts at secrecy. If those deliberations consist in part of the passing of notes or the exchanging of whispered comments, the public is being deprived of its constitutional right to observe the deliberations of the public body and to have access to public documents. This is little different than if the board met behind closed doors. Are committee meetings of the Montana Legislature open to the public and the press? Yes. According to Article V, Section 10, subsection 3 of the state constitution, “The sessions of the legislature and of the committee of the whole, all committee meetings, and all hearings shall be open to the public.” This includes when committees are taking votes. Are political caucuses of the Montana Legislature open to the news media and public? Yes. In 1995, The Associated Press and 21 other news organizations in Montana sued to end the practice of closed-door caucuses, arguing that they are part of
