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Livingston URA delays forming subcommittees pending open-meeting and legal guidance
Summary
The Livingston Urban Renewal Agency discussed creating two-person subcommittees for marketing, finance and outreach but agreed to delay formal formation and seek legal clarity about Montana open‑meeting rules, staff attendance and ex parte risks.
The Livingston Urban Renewal Agency on March 25, 2025 discussed creating two‑person subcommittees to advance work between meetings but voted to delay forming them until staff and legal requirements are clarified.
Board members said small volunteer teams could make the agency more productive between monthly meetings, but several members and members of the public warned of open‑meeting and legal risks. Chair Allison Vicenzi summarized the basic limit: “We cannot just as a reminder, we cannot have 3 or more members. That would be considered a quorum,” and urged caution about meeting notice requirements.
Members expressed three recurring concerns: whether subcommittees that meet outside public meetings must be noticed and recorded, whether staff must attend and provide minutes, and potential ex parte communications with applicants for grants or land‑use matters. A board member said subcommittees in other city bodies had to be noticed and recorded because public funds are involved, and that requiring staff attendance could increase workload on already constrained staff. Another member warned that “anything with, like, applications and funding, conversations with potential applicants … are potentially pushing up against ex parte communication” and said failing to disclose such contacts can create legal liability, including costly lawsuits.
Public commenters with long experience on the URA told the board that the agency historically conducted its business in public meetings and recommended caution. Jack Luther, representing the History Coalition, said the URA had not previously formed subcommittees and emphasized public notice: “It’s always been a public meeting.”
Rather than adopt any formal subcommittees at the meeting, the board voted to place the subcommittee question on the next month’s agenda and for Chair Vicenzi to confer offline with City Manager Grant Gager and legal counsel to clarify what is permissible under Montana’s open‑meeting rules and how the URA should document any volunteer activity between meetings. The motion to place the item on next month’s agenda passed unanimously.
Board members said they still hope to advance marketing and outreach ideas informally — for example by bringing agenda items or proposals to a regular public meeting — while the legal and procedural questions are resolved.
The board also discussed related policy issues that may affect any future subcommittees, including whether certain facade or enhancement applicants must first consult the Historic Preservation Committee and the need to disclose such contacts to avoid disqualification or legal exposure.
