Study Commission discusses proxy voting, remote attendance and public-comment rules with county attorneys

Commissioners for the Butte-Silver Bow Study Commission discussed draft bylaws on Feb. 10, 2025, focusing on proxy voting, whether commissioners may attend and vote electronically, and public-comment procedures.

The commission reviewed proposed language that would forbid proxy voting: “Study commission members shall not be permitted to vote by proxy vote or by written vote.” Commissioners asked whether that language would prevent remote attendance and voting by Zoom or conference call. A county legal adviser said they were researching the question.

“As of right now, it does not look like you are able to vote by proxy, but … him and I will have an answer for you … by your next meeting,” County Attorney Sean Peterson said, referring to additional counsel working on the question. Peterson and staff told commissioners they do not currently believe a prohibition on proxy voting prevents members from attending and voting via Zoom, but they agreed to provide a definitive legal opinion by the next meeting.

On public comment, the commission removed a sentence that would have deemed prepared statements that are read aloud “unduly repetitious.” Legal staff advised the commission that allowing members of the public to both submit written statements and read them at the meeting is consistent with the body’s responsibility to hear from residents.

Commissioners also noted that adopting bylaws or making charter changes that trigger required public participation will require proper posting and publication; the county attorney cautioned that items requiring public hearings must be published to give the public notice.