Montana Action Guide
State-Specific Tactics to Restore Police Radio Transparency
Montana has a constitutional right to know that makes it unique among states. Billings Police encrypt their field units while dispatch stays in the clear, and Helena maintains partial encryption. This guide provides the tools to leverage Montana's strong transparency traditions to defend the access that remains.
Montana's Encryption Landscape
Understanding the current state of police radio transparency
Montana has a mixed landscape when it comes to police radio transparency. The state's largest city, Billings, encrypts its field units while dispatch remains in the clear, per the Montana Public Safety Communications System. Helena maintains partial encryption with some traffic accessible and some blocked.
However, Montana has unique advantages for transparency advocates. The state constitution includes an explicit right to know provision, and Montana's open records laws date back to 1895. These constitutional and statutory protections provide powerful arguments against encryption.
Montana's Constitutional Advantage
"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."
- Montana Constitution, Article II, Section 9 (Right to Know)
Montana's 1972 constitution explicitly guarantees citizens the right to observe government operations. This constitutional provision, combined with Montana's original 1895 open records law, provides powerful legal arguments against police radio encryption.
Major City Encryption Status
Current state of scanner access in Montana's cities
Billings
Partially encryptedBillings Police Department encrypts its field units while dispatch remains in the clear, per our own verification against the Montana Public Safety Communications System, and Yellowstone County law-enforcement traffic is carried on a live public feed as of September 2026. An earlier version of this page said Billings "encrypted all radio transmissions in 2014"; no source supports that, and our own record contradicts it.
- Population: ~120,000
- County: Yellowstone County
- System: P25 (field units encrypted, dispatch in the clear)
Helena (State Capital)
Partially EncryptedHelena PD maintains partial encryption. Scanner listeners report hearing approximately half of communications, with Montana Highway Patrol dispatch and some Helena PD channels encrypted while others remain in the clear.
- Population: ~33,000
- County: Lewis and Clark County
- Status: Mixed - some encrypted, some clear
Missoula
AccessibleMissoula County maintains accessible scanner frequencies for public safety communications.
- Population: ~75,000
- County: Missoula County
- System: Montana Public Safety Communications System
Great Falls
AccessibleCascade County and Great Falls public safety communications remain accessible to the public.
- Population: ~60,000
- County: Cascade County
Bozeman
AccessibleGallatin County maintains accessible communications through the Montana Public Safety Communications System.
- Population: ~55,000
- County: Gallatin County
Key Montana Contacts
The people who can make change happen
State Legislature
Governor's Office
Executive BranchWhy Contact: The Governor sets statewide priorities and can direct agencies on transparency policies.
- Phone: (406) 444-3111
- Address: P.O. Box 200801, Helena, MT 59620-0801
- Website: governor.mt.gov
Montana Legislature Judiciary Committees
Key CommitteesWhy Contact: The House and Senate Judiciary Committees review legislation related to public records and law enforcement policies.
- Legislature Information: (406) 444-4800
- Senate Address: P.O. Box 200500, Helena, MT 59620
- House Address: P.O. Box 200400, Helena, MT 59620
- Website: legmt.gov
Your State Legislators
Your RepresentativesWhy Contact: Your own representatives have the most incentive to listen to you as a constituent.
- Participate: participate.legmt.gov
- Note: Create an account to submit comments and contact legislators directly
State Agencies
Montana Department of Justice
Public RecordsWhy Contact: DOJ handles public records requests and can provide guidance on Montana's open records laws.
- Website: dojmt.gov/public-records-requests
- Note: Requests must be submitted via their Public Records Request application with a Montana.gov account
Montana Secretary of State
Records ManagementWhy Contact: Oversees records management and can provide guidance on public records compliance.
- Website: sosmt.gov/records
Media & Press Organizations
Billings Gazette
Montana's Largest DailyWhy Contact: The state's largest newspaper and directly affected by Billings encryption. Lee Enterprises publication.
- Website: billingsgazette.com
- Note: Part of Lee Enterprises with sister papers Missoulian, Helena Independent Record, Montana Standard
Montana Free Press
Independent NonprofitWhy Contact: Montana's leading digital-first nonprofit newsroom focused on fact-based reporting in the public interest.
- Website: montanafreepress.org
Missoulian
Western MontanaWhy Contact: Western Montana's largest daily since 1873, covering local politics and community issues.
- Website: missoulian.com
Helena Independent Record
State Capital CoverageWhy Contact: Covers state government, courts, and Helena community affairs since 1867.
- Website: helenair.com
Montana Broadcasters Association
Press Freedom AllyWhy Contact: Represents TV and radio stations that depend on scanner access for breaking news coverage.
- Website: mtbroadcasters.org
Montana Public Records Requests
Use Montana's strong constitutional and statutory protections
Montana's public records law dates to 1895, with constitutional protections added in 1972. Under Mont. Code Ann. Section 2-6-1003, agencies must make records available for inspection and copying. Executive branch agencies must respond within 5 working days. Fees are 10 cents per page with 30 minutes of free search time.
Montana-Specific Records Request Templates
Template 1: Scanner Harm Documentation
Purpose: Prove there's no evidence scanner access has harmed officers
Pursuant to Montana's constitutional right to know (Mont. Const. Art. II, Section 9) and the Montana Public Records Act (Mont. Code Ann. Section 2-6-1003), I request copies of the following records:
- All documented incidents, reports, or investigations where public access to police radio scanner communications resulted in:
- Injury or harm to any officer or personnel
- Compromise of any tactical operation
- Flight or escape of any suspect
- Interference with any emergency response
If no responsive records exist, please provide written confirmation of that fact.
Please provide these records in electronic format. As the first 30 minutes of search time is free under Montana law, I do not expect significant fees for this request.
Template 2: Encryption Decision Documents
Purpose: Document how encryption decisions were made without public input
Pursuant to Montana's constitutional right to know (Mont. Const. Art. II, Section 9) and the Montana Public Records Act (Mont. Code Ann. Section 2-6-1003), I request copies of the following records:
- All internal communications (emails, memos, meeting notes) regarding the decision to encrypt police radio communications, from January 1, 2012 through present.
- All city council, county commission, or public meeting agendas and minutes where radio encryption was discussed or approved.
- Any legal opinions regarding encryption's compliance with Montana's constitutional right to know (Art. II, Section 9).
- Any vendor proposals, contracts, or cost analyses for encryption systems.
Template 3: Constitutional Compliance Analysis
Purpose: Challenge encryption under Montana's constitutional right to know
Pursuant to Montana's constitutional right to know (Mont. Const. Art. II, Section 9) and the Montana Public Records Act (Mont. Code Ann. Section 2-6-1003), I request copies of the following records:
- Any analysis or legal opinion regarding how police radio encryption complies with Montana Constitution Article II, Section 9 (Right to Know).
- Any documentation showing that "individual privacy clearly exceeds the merits of public disclosure" for all encrypted police radio communications, as required by the Montana Constitution.
- Any policies or procedures for providing alternative public access to information previously available via police scanner.
Montana Records Request Tips
- Constitutional Argument: Always cite Article II, Section 9 - Montana's constitutional right to know is your strongest tool
- Response Time: Executive branch agencies must respond within 5 working days
- Fees: 10 cents per page, 30 minutes free search time, $8.50/hour after
- No Administrative Appeal: Montana has no public records ombudsman, but attorney fees are recoverable if you win in court
- Privacy Balance: The constitution only allows withholding when "individual privacy clearly exceeds" public disclosure merits
Focus: Protecting Billings' Open Dispatch
Billings encrypts its field units while dispatch stays open. Here's how to keep it that way.
Billings Police Department encrypts its field units while dispatch remains in the clear, per the Montana Public Safety Communications System. No source supports the earlier claim that Billings "encrypted all radio transmissions in 2014," and our own record contradicts it.
Billings is still worth watching closely: field-unit encryption already limits some public awareness, and Montana's constitutional right to know provides a strong legal foundation for pushing back if dispatch itself is ever targeted for encryption. Post-2020 accountability movements have increased public demand for police transparency generally.
Constitutional Challenge
Montana Constitution Article II, Section 9 explicitly protects the right to observe government operations. Encryption must meet the high bar of showing "individual privacy clearly exceeds the merits of public disclosure." Challenge the city to demonstrate this standard is met for its field-unit encryption, and to commit to keeping dispatch in the clear.
City Council Engagement
Request that the Billings City Council hold a public hearing on the department's radio encryption policy, including how field-unit encryption was authorized and what would trigger any future move to encrypt dispatch.
Media Coalition
The Billings Gazette, KTVQ, and other local media rely on scanner access for breaking coverage. Build a coalition of journalists who can testify about how field-unit encryption has affected their ability to cover incidents, and who will advocate for keeping dispatch open.
Comparative Analysis
Point to Missoula, Great Falls, and Bozeman, which maintain fully accessible communications. Ask why Billings encrypts field units at all, and push to ensure dispatch access is never narrowed further.
Local Actions: City Council & County Commission
Most encryption decisions are made locally. That's where your voice matters most.
City Council Engagement
Montana cities make radio system decisions through city councils. Engaging early and citing constitutional protections is key.
Template: Constitutional Transparency Request
Dear [MAYOR/COUNCIL MEMBER NAME],
I am writing regarding [CITY NAME] Police Department's radio communications policy, specifically as it relates to Montana's constitutional right to know.
Article II, Section 9 of the Montana Constitution guarantees citizens the right to "observe the deliberations of all public bodies or agencies of state government and its subdivisions." This right can only be limited when "individual privacy clearly exceeds the merits of public disclosure."
I respectfully request:
- Documentation showing how encryption decisions comply with our constitutional right to know
- A public hearing where citizens can discuss police communication transparency
- Consideration of alternatives such as selective encryption for sensitive tactical channels only
- Establishment of a media access program if encryption continues
Montanans take our constitutional rights seriously. I look forward to the city's response demonstrating compliance with Article II, Section 9.
Respectfully,
[YOUR NAME]
[YOUR ADDRESS]
[PHONE/EMAIL]
County Commission Engagement
County sheriffs and commissions control county-level radio systems and often set regional standards.
Key Constitutional Questions
- "How does encrypting all radio traffic comply with Montana Constitution Article II, Section 9?"
- "What documentation shows that individual privacy concerns 'clearly exceed' public disclosure for routine dispatch traffic?"
- "Has the County Attorney provided an opinion on encryption's constitutional compliance?"
- "What alternatives to full encryption were considered?"
- "How will citizens be notified about emergencies previously learned through scanner access?"
Meeting Tips
- Lead with the constitution - Montana's right to know is explicit and powerful
- Bring legal citations - Article II, Section 9 places burden on government to justify withholding
- Request written opinions - Ask for the county attorney's analysis of constitutional compliance
- Follow up persistently - Montana has no public records ombudsman, so persistence is essential
Take Action Now
Concrete steps you can take today to protect transparency
File Constitutional Records Requests
Use the templates above, always citing Montana Constitution Article II, Section 9. Request documentation of how encryption complies with your constitutional right to know.
Contact Your Legislators
The 2025 Montana Legislature has adjourned, but interim committees continue working. Contact your legislators about introducing transparency legislation for the 2027 session.
Engage Local Government
Attend city council and county commission meetings. Request agenda items for encryption policy discussions and speak during public comment periods.
Build Media Coalitions
Contact local newspapers, TV stations, and Montana Free Press. Journalists are directly affected by encryption and can amplify your advocacy.
Focus on Billings
As Montana's largest city, with field units encrypted but dispatch still in the clear, Billings is the key target for preserving that balance and preventing further encryption. Coordinate with Yellowstone County advocates.
Montana Resources & Links
Everything you need for your advocacy campaign
Government Resources
Public Records
Activist Playbook
Media Organizations
Take Action for Transparency
Your voice matters. Here are concrete ways to advocate for open police communications in your community.
Contact Your Representatives
Use our templates to email your local officials about police radio encryption policies.
Get StartedRead Case Studies
See how encryption has affected real communities - from Highland Park to Chicago.
View CasesSpread Awareness
Share evidence about police radio encryption with your network and community.
Public Testimony
Learn how to speak effectively at city council and public safety meetings.
Prepare to Speak