7—Petitioners’ Prehearing
every public officer has a duty to provide citizens with copies of
public writings. Section 2-6-104, MCA, provides that public records
and other matters in the office of any officer are at all times open
to inspection during office hours. Public writings are broadly
defined in § 2-6-101, MCA, and include “the written acts or records
of the acts of the sovereign authority, of official bodies and
tribunals, and of public officers . . . . They also include public
records of private writings , including e-mails. § 2-6-101, MCA.
Petitioners’ March 26, 2001 letter to the MDOL clearly
requested that MDOL advise Petitioners when the documents would
be made available for inspection and copying. To date, MDOL has not
responded to Petitioners’ request to inspect documents. MDOL’s
actions in initially refusing to provide documents, then in only
providing qualified responses to Petitioners’ requests, and in wholly
being nonresponsive to Petitioners’ request to come into the MDOL
offices and inspect and copy records, violates Petitioners’
A.MDOL has Violated Petitioners’ Fundamental Rights
fundamental right to know. MDOL’s conduct further violatesAs the Montana Supreme Court has held, the rights provided in
Petitioners’ statutory rights codified at §§ 2-6-102 and 104, MCA.
Article II of the Montana constitution are fundamental rights. See
e.g. Wadsworth v. State, 275 Mont. 287, 911 P.2d 1165; see also
Montana Environmental Information Center v. Department of Env.
