To Record or Not to Record: Is That the Question?

Thomas Jefferson wrote in a letter on January 8, 1789, “that wherever the people are well informed, they can be trusted with their own government.” Jefferson’s intent was that if citizens were well informed, they could have the information needed to adequately participate in their government. It is, after all, our responsibility. This sentiment coincides with Article II, Section 9 of the Montana State Constitution which declares, “No person shall be deprived of the right to examine documents or to observe the deliberations of all public bodies.”

Should Jefferson County offer a recorded option of meetings for the public to access if they cannot attend in real time? According to MCA 7-5-2123, our commissioners are not statutorily required to do anything beyond providing “publications in full, in summary, or by reference of the minutes and records of proceedings within 21 days after adjournment of the session.” It is worth noting the most recent audited annual financial report mentions the county has not been in compliance with publication requirements for the past three years. Would providing a recording of the meetings help satisfy that condition?

I was curious to know how the other counties around the state handle this “to record or not record” decision, so I contacted them all and discovered that only one-third of the counties, 19 out of 56, provide a recorded option for their residents to observe at their convenience. So, to be fair to our commissioners, Jefferson County is in the majority.

There are many variations of how those counties that do provide recordings accomplish going that extra mile. There are also things that need to be taken into consideration such as availability of technology, cost of implementation, demands on personnel, etc. The cream of the crop option exists in two counties, Park and Ravalli, where they have invested in a specific platform that allows them to timestamp their meeting minutes with video so a resident can click on a link in the written minutes and go directly to that discussion that occurred during the meeting. That’s slick but not cheap requiring close to $20,000 set up expense just to get started. However, since Jefferson County is already using Zoom for their meetings, it would be extremely simple and cost-effective to merely hit the record button in Zoom and publish them within 24 hours to a YouTube channel. This would require very little effort on anyone’s part and would be a productive step in the right direction of expanding on our government’s declarations in the state constitution when it comes to our rights.

Would it make a difference in public attention and participation? As the saying goes, it takes two to tango. Historically, our attention towards the operations of our government has been paltry, to put it nicely. It would be interesting to learn if access to those meetings became more convenient, would it increase citizen engagement?

Having communicated with the other counties around the state, it became obvious to me that beyond the technological capabilities and associated costs, the primary deciding factors were the culture of the residents in the county and the attitude of the commissioners when it comes to the public’s “right to know” per Article II, Section 9 of the Montana State Constitution. Some seem to feel more obligated to fulfill that right by every means possible whether the public takes advantage of it or not. 

When expectations are not met, then we need to hold ourselves accountable. Rather than point the finger, we must begin to see ourselves as not only part of the problem but also part of the solution. This will allow us to experience more “success” at getting the results we want from all our elected officials.

I have reached out to the commissioner candidates running for District 1 and both have not only responded favorably to the idea of adding a recorded option but have also agreed to champion the change if elected. But they need our help if we’re going to achieve this and make Jefferson County the 20th county in the state to provide this advanced option for its residents.

Go to https://montanadecides.substack.com and leave a comment on this article. If there is enough response, then that can serve as a signal to our commissioners that would potentially affect outcomes and the future direction of our county when it comes to being well informed, participating in our government, and our right to know.