County Commissioners
taking positive steps toward more open goverment

Fergus County commissioners held their first non-regular public meeting Wednesday and, in the judgment of several who attended, it was a big success.

Of course the commissioners always have met with members of the public in their office. But this was the first time they issued a notice of such a meeting and set an agenda. This meeting was in addition to their regular monthly meeting usually held in the basement of the Fergus County Sheriff’s Complex.

We applaud the commissioners for taking this step. There are other steps we’d like to see taken to open county government to citizen participation and to assure full public disclosure of county activities but this was an important milestone.

This is not a new concern of ours. Over the years we have raised questions about what seems to be little discussion at Commission meetings and decisions which appear to have been made ahead of the meetings.

Until recently, this was true of the current County Commission. But after sharing our concerns with the Commission, meetings have included more discussion.

In one case, they appeared ready to approve name changes for geographic features in Fergus County until it became clear from audience discussion that many opposed such changes. So they postponed the decision. In another situation they appeared ready to turn a decision over to the courts until it became clear Fergus County residents wanted them to make a decision. So they made it.

This first non-regular public meeting on Wednesday was attended by the three commissioners, three county officials, a reporter and a citizen. It made for good discussion and the commissioners shared considerable information with those who were present.

This is the first such meeting ever held by these commissioners. They have promised they will hold two such meetings a month. The meetings will be published in the paper and we encourage you to attend. Your attendance will help assure that the Fergus County Commission’s commitment to open government will continue.

Because these meetings are held in a small office, it is much easier to engage in personal discussion with the commissioners than at their monthly meeting. They also appear more relaxed and you can watch them discuss the issues at some length.

We believe this give-and-take between citizens and commissioners is healthy. It opens the decision-making process to public scrutiny and involvement and better decisions appear to be the result.

A citizen who attended Wednesday’s meeting said he wished the Lewistown City Commission would have similar informal open meetings prior to their regular meetings so citizens could engage them in conversation and make their views known.

Now, we hope the county commissioners will take another step to conform to Montana’s open meetings laws. They need to have separate offices.

It likely will be difficult to find space in the courthouse that can be divided into three offices. It also could be expensive.

But it is our opinion that every day the commissioners are in their office they are in violation of the state’s open meetings law. Those laws, and court decisions interpreting the laws, say that whenever there is a quorum present and important county issues are being discussed, there must be published public notices of the meeting and an agenda. The purpose of these laws is to prevent public officials from making decisions without public knowledge or participation.

The days of smoke-filled back rooms where ward heelers gathered to make decisions “for the people” are over. Now the people want to be a part of the process – and should be!

In the Fergus County Commission’s case, a quorum is two commissioners. For years two or more commissioners have been meeting with no public notice and no agenda. Court interpretations say leaving the door open is not adequate. Posting a notice on the wall outside the room also is not adequate.

Even with separate offices, it’s possible for commissioners to meet and make decisions without public involvement. But at least, if they are in separate offices and someone finds them hunched together in a discussion about important county matters, that person can complain and, if needed, make known that an improper meeting was held.

Other larger counties have gone to separate offices. Some smaller counties still have one office for commissioners. But the trend is to separate offices – a trend we think Fergus County should follow.

We hope the commissioners will begin efforts to find separate office space. And we commend them for the fine start they have made in holding meetings which allow greater public involvement. Not all county commissions in the state have moved this quickly to open their proceedings. In some cases, lengthy legal battles ensued before commissioners opened their deliberations to the public.

But in Fergus County, the opening of government is well on its way.