Montana Attorney General Mike McGrath is weighing in on the debate over public officials emailing each other during public meetings.
McGrath says Montana's constitution really doesn't define how to handle electronic communications among public officials. He says in today's world it's essential for many lawmakers to have access to their computers, the internet and email. In his opinion, however, it's critical all emails from public officials related to their duties should be easily accessible by any citizen.
McGrath says the debate is happening in councils across the state and even in the Montana legislature.
Wednesday night, Missoula city council president Ed Childers announced council members will no longer email each other during meetings, unless they make it known publicly they are doing so.
A new rule will prohibit Missoula City Council members from emailing one another during meetings, but Wednesday's decision is probably not going to put the issue to rest.
At least two council members say their constituents are now asking for a host of past email conversations that happened before key council decisions. It could amount to at least a year's worth of email exchanges now under public scrutiny.
Some council members say no actual decisions were made based on those questioned emails. Nevertheless, Council President Ed Childers asked some members to apologize for certain emails. Though there were no public apologies, he still says these electronic conversations will be banned.
"We're not going to communicate by email during public meetings unless we make it aware it's happening."
City Attorney Jim Nugent says the legal remedy for any decision made while an open meetings law was violated is "reversing" the decision. But in certain land-use decisions it may not be that simple.
Councilman John Henderickson says he's worried a violation of an open meeting law, where a development is on the line, could have financial repercussions and open the city to a lawsuit .
