MDOL's refusal to provide the requested public information
violates Petitioners' fundamental rights, because Article 11 is in the
Declaration of Rights section of the Constitution setting forth
"inalienable" rights.20.
Sections 2-6-102 and 2-6-104, MCA, provide that all citizens
have the right to inspect and copy any public writings, defined in 2-6101
(3), MCA, as written acts or records or other official documents of an
official executive body, and requires public officers having custody of
such public writings to provide citizens with copies when requested to do
so, and further provides that public records and other matters in the
office of any officer are at all times open to inspection during office
MDOL's refusal to release the documents requested violates
Article II, Section 9 of the Montana Constitution, as well as §§2-6-102,
and 2-6-104, MCA.
WHEREFORE, Petitioners pray for relief from this Court as follows:
For an Order requiring MDOL to provide copies of, and/or allow
inspection and copying of, public records, including the information
requested on March 26, 2001;
2.
For an Order requiring the MDOL to comply with Article II,
Section 9 of the Montana Constitution and §§2-6-102 and 2-6-104, MCA
in the future;
3.
In the alternative, for an Order requiring the MDOL to appear
and show cause why it should not be required to disclose the requested