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Judiciary Committee holds FOIA policy draft for more review after statutory edits
Summary
Butte‑Silver Bow Judiciary Committee held a proposed resolution to establish a Freedom of Information Act policy so staff can post an updated draft online; county attorney added statutory-required written‑denial language and removed a repealed municipal citation.
Chairwoman Michelle Shea on June 11 asked the Judiciary Committee to hold communication 2025-79 — a proposed resolution establishing a county policy and procedure for responding to Freedom of Information Act requests — so an updated version can be posted online and reviewed before final action.
The resolution in front of the committee incorporated two substantive edits flagged during recent review: removal of a now‑repealed municipal citation and insertion of the written‑notice requirement under Montana law. County Attorney Matt Enroof told the committee that "the 7‑1‑411 that was in the copy provided to council ... was recently repealed," and that he had added language to comply with Montana Code Annotated 2‑6‑1009 requiring written notice of denial.
Members discussed minor wording issues in the draft, including punctuation and possessive forms for references to the county attorney's office. Commissioner Dan Callahan asked whether any attorney in the office could review the draft; Enroof confirmed that he and Deputy County Attorney Sean Peterson both review such documents.
The committee voted to hold communication 2025‑79 for one meeting to allow the updated resolution to be uploaded and reviewed online. The motion to hold carried 5‑0.
Separately, a resolution establishing a fee schedule for copies and research of public records (resolution 2025‑32) was discussed in tandem with the FOIA draft; members agreed to hold that item pending the posted FOIA draft so the two documents can be cross‑referenced.
The committee directed staff to post the corrected draft and return the item for further consideration at the next meeting so members and the public can review the exact statutory language and fee text before a final vote.
