HomeMy WebLinkAbout05-02-25 Public Comment - M. Lair - ARB - NoticeFrom:milaireny@gmail.com
To:Bozeman Public Comment
Cc:Greg Sullivan; Mike Maas; Nicholas Focken; Greg Sullivan; milaireny@gmail.com
Subject:[EXTERNAL]ARB - Notice
Date:Thursday, May 1, 2025 2:51:19 PM
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Mike Lair
Milaireny@gmail.com is preferred
Bozeman, MT 59771
650-438-2272
May 1st, 2025
VIA EMAIL ONLY
FINAL DEMAND
City of Bozeman
Parking Commission
20 E Olive St,
Bozeman, MT 59715
RE: Parking Commission Hearing Set For May 14th, 2025.
Dear Commissioners,
IN THE MATTER OF A PUBLIC RECORDS REQUEST
BY MICHAEL LAIR
OPPOSITION TO CITY OF BOZEMAN’S REFUSAL TO DISCLOSE
PUBLIC RECORDS
I, Michael Lair, a requester of public records under Article II, Section 9
of the Montana Constitution and Title 2, Chapter 6 of the Montana Code
Annotated, respectfully submits the following opposition to the City of
Bozeman’s refusal to disclose requested public records concerning parking
enforcement communications. (FOIA)
BACKGROUND
On or about late February, 2025, I submitted a lawful public records
request to the City of Bozeman seeking records related to public parking
enforcement, including communications and emails exchanged between
members of the public and city officials regarding parking citations. The City
partially responded on March 23rd, 2025 by withholding a vital part of the
FOIA demand (The appeal reasons), then also redacting certain information—
most notably email addresses—on the basis that these communications are
presumed private, despite being part of governmental operations.
ARGUMENT
I. MONTANA’S CONSTITUTION STRONGLY FAVORS PUBLIC
ACCESS TO GOVERNMENT RECORDS
Article II, Section 9 of the Montana Constitution guarantees a
fundamental right of access to public documents:
“No person shall be deprived of the right to examine documents or to observe
the deliberations of all public bodies or agencies of state government and its
subdivisions, except in cases in which the demand of individual privacy clearly
exceeds the merits of public disclosure.”
The Montana Supreme Court has consistently held that the right to know
must be liberally construed in favor of disclosure, and any claimed privacy
exemption must meet a high constitutional threshold: it must be both
objectively reasonable and clearly outweigh the public’s interest in access.
(Great Falls Tribune v. Montana Public Service Commission, 2003 MT 359;
Missoulian v. Board of Regents, 207 Mont. 513).
II. COMMUNICATIONS WITH A GOVERNMENT AGENCY ABOUT
PARKING ENFORCEMENT DO NOT CONSTITUTE “INTIMATE” OR
“PRIVATE” MATTERS
The City argues that individuals who communicate with it regarding parking
citations have a “subjective expectation of privacy” in their contact
information. However:
Subjective expectation is not enough. The test is whether that expectation
is objectively reasonable, and whether disclosure would intrude upon
matters that are “intimate, personal, or confidential in nature.” (Great
Falls Tribune, ¶ 33)
Emailing a public agency to dispute or inquire about a parking ticket is
inherently part of a governmental process—not a private act. Names,
dates, addresses, and content of such communications often form part of
administrative records subject to public scrutiny.
These communications pertain to civil enforcement, not protected
medical, financial, or personal data. By contrast, courts have repeatedly
found that names and contact information in interactions with government
agencies are generally not exempt from disclosure, absent special
circumstances.
III. THE CITY’S RELIANCE ON DISCLAIMERS IS MISPLACED AND
IRRELEVANT
The City notes that its website or email footers may inform users that some
emails may be subject to disclosure, and that other contexts (e.g., parking
citations) do not include similar disclaimers. This distinction is legally
irrelevant:
There is no legal requirement that notice of potential disclosure be given
in order for a record to qualify as public.
A government’s internal practices or disclaimers cannot override
constitutional and statutory mandates for access.
If a member of the public emails a city agency concerning a municipal
citation, that message becomes a public record unless the “demand for
individual privacy clearly exceeds the merits of public disclosure.” The
City has failed to make this showing.
IV. THE PUBLIC INTEREST IN ENFORCEMENT PATTERNS JUSTIFIES
DISCLOSURE
There is a clear and compelling public interest in understanding how the
City of Bozeman enforces parking laws—particularly whether enforcement
disproportionately targets some individuals while others, such as commercial
carriers, Federal(USPS etc), or city-connected entities, are spared.
Email communications related to citations may show patterns of enforcement,
inconsistency, selective targeting, or possible retaliation—each of which is a
matter of public accountability.
CONCLUSION
For the foregoing reasons, the City of Bozeman’s blanket refusal to disclose
email addresses and related information in response to a public records request
is legally unsupported and constitutionally suspect. The City has not carried its
burden of demonstrating that any privacy interest “clearly exceeds” the public’s
right to know. Accordingly, I respectfully request that this Commission demand
the FOIA production immediately from the City.
1. Disclose the requested records in unredacted form and that the responses
be fully inclusive, or
2. Submit specific withheld records for in camera review to determine
whether any legitimate privacy interests exist, and
3. Refrain from further improper redactions in future records responses.
4. In the absence of this Commission compelling the City to perform
immediately, then I ask that the hearing date set above be delayed until
further notice, so I can pursue this FOIA through the proper legal
channels.
Respectfully submitted,
Michael Lair
Pro Se Requester
cc: Greg Sullivan – City Attorney gsullivan@bozeman.net
Mike Maas MMaas@BOZEMAN.NET
Nicholas Focken nfocken@BOZEMAN.NET