PO BOX 201708

Helena, MT 59B2o-170B
(408) 444-3064
Montana Legislative Services Division FAX (408) 444-3036

Legal Services Office

February 21, 2019

Via Hand-Delivery
Amy Beth Hanson
Matt Volz
Associated Press
J.D. Holmes Room
Room306
Capitol Building
Helena, MT 59620

Re: Information Request

Dear Ms. Hanson and Mr. Volz,

The Legislative Services Division has received your written request for documents dated
February 1, 2019. You have requested the following documents:

[A]ny document, notes, meeting minutes, or any other record of an allegation of

harassment, discrimination or retaliation made by or against a legislator,
legislative staffer, member of the public, lobbyist, or media member between
2017 and the present.

The Legal Services Office confirms that it received one allegation of harassment in January of
2018 and that the complaint was subsequently investigated by a third party who issued a report.
As a part of the investigation, the investigator interviewed the individual who made the
complaint, the person whose actions were subject of the complaint, and one other individual. All
individuals are identifiea in the report as well as several third parties.

This office recognizes its obligation to allow the examination of public documents pursuant to
Article II, section 9, of the Montana Constitution. However, Montana's constitutional right to
know is not absolute and Aiticle II, section 10, provides that public disclosure is not required in
cases where the demand for individual privacy clearly exceeds the public's right to know.
We have contacted both the individual who made the complaint and the person whose actions
were subject of the complaint. Both have asserted a privacy interest in the investigator's report.
Nevertheless, enclosed please find the investigator's report. It has been redacted to ensure that
all identifying information is removed to protect both individuals' privacy rights as well as the
rights of third parties. We believe that this is the maximum amount of public disclosure our
office can provide given the parties have affirmatively asserted their privacy rights. Until it is
determined that the public's right to know outweighs one or both individuals' privacy rights, we
cannot provide a less-redacted report.
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At this time, we are not providing any other documents because they contain information
protected by attorney client and work product privileges as well as information related to the
parties' privacy interests. We are in the process of creating and will provide a privilege log.
We recognize that given the constitutional rights at issue, our office may need to file a petition
for an in camera review of the report, a disclosure order, and declaratory relief. Please have your
counsel contact us to discuss.

Sincerely,

a.ffl--(7y Todd M. Everts

Director of Legal Services
Legislative Services Division

Enc. Redacted Report

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