Difference between revisions of "Maine Freedom of Access Act"

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===2009===
 
===2009===
 
::''See also: [[Proposed reforms in state sunshine laws, 2009 LA-ND]]''
 
::''See also: [[Proposed reforms in state sunshine laws, 2009 LA-ND]]''
'''LD 1353''' -- "An Act Regarding Salary Information for Public Employees," sponsored by Senator [[Lisa Marrache|Lisa Marraché]], sought to forbid the release of salary information by name, and allow it only by position.<ref>[http://janus.state.me.us/legis/LawMakerWeb/summary.asp?ID=280032492 ''Text & Status of LD 1353'']</ref><ref>[http://kennebecjournal.mainetoday.com/news/local/6177530.html ''Kennebec Journal'', "Bill hides names from list of state worker salaries", April 10, 2009]</ref>
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'''LD 1353''' -- "An Act Regarding Salary Information for Public Employees," sponsored by Senator [[Lisa Marrache|Lisa Marraché]], sought to forbid the release of salary information by name, and allow it only by position.<ref>[http://janus.state.me.us/legis/LawMakerWeb/summary.asp?ID=280032492 ''Text & Status of LD 1353'']</ref><ref>[http://kennebecjournal.mainetoday.com/news/local/6177530.html ''Kennebec Journal'', "Bill hides names from list of state worker salaries," April 10, 2009]</ref>
  
 
==Maine's transparency report card==
 
==Maine's transparency report card==

Revision as of 07:41, 20 March 2014

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Sunshine Nuances
Private Agencies, Public Dollars
Deliberative Process Exemption


The Maine Freedom of Access Act is a series of laws designed to guarantee that the public has access to public records of government bodies at all levels in Maine.

The Maine Open Meeting Law legislates the methods by which open meetings are conducted.

To learn more about how to make a public records request in this state, please see Maine FOIA procedures.

Proposed changes

2009

See also: Proposed reforms in state sunshine laws, 2009 LA-ND

LD 1353 -- "An Act Regarding Salary Information for Public Employees," sponsored by Senator Lisa Marraché, sought to forbid the release of salary information by name, and allow it only by position.[1][2]

Maine's transparency report card

A 2008 study, BGA - Alper Integrity Index, conducted by the Better Government Association and sponsored by Alper Services, ranked Maine #33 in the nation with an overall percentage of 48.80%.[3]

A 2007 study, Graded state responsiveness to FOI requests, conducted by BGA and the NFOIC, gave Maine 41 points out of a possible 100, a letter grade of "F" and a ranking of 32 out of the 50 states.[4]

A 2002 study, Freedom of Information in the USA, conducted by IRE and BGA, ranked Maine's law as the 29th worst in the country, giving it a letter grade of "D+".[5]

Features of the law

Sunshine variations Compare States: Sunshine variations
Click on the heading to compare your state's law to other state's transparency laws.

Declared legal intention

See also: Declared legal intentions across the U.S.

The declared legal intention states, "The Legislature finds and declares that public proceedings exist to aid in the conduct of the people's business. It is the intent of the Legislature that their actions be taken openly and that the records of their actions be open to public inspection and their deliberations be conducted openly."[6]

What records are covered?

See also: Defining public records

The Maine Freedom of Access Act defines public records as:

"[A]ny written, printed or graphic matter or any mechanical or electronic data compilation from which information can be obtained, directly or after translation into a form susceptible of visual or aural comprehension, that is in the possession or custody of an agency or public official of this State or any of its political subdivisions, or is in the possession or custody of an association, the membership of which is composed exclusively of one or more of any of these entities, and has been received or prepared for use in connection with the transaction of public or governmental business or contains information relating to the transaction of public or governmental business."[7]

Exemptions

Exceptions to this include:[8]

  • Records identified as confidential by statute (402-3-1).
  • Legislative papers and reports until the legislature deems them fit to circulate (402-3-C).
  • Bargaining information (402-3-D).
  • Memorandum and office papers for State universities and colleges (402-3-E).
  • Medical records (402-3-H).
  • Juvenile records (402-3-J).
  • Security information that protects individuals, infrastructure and telecommunications networks (402-3-L and M).
  • Social Security numbers and personal contact information (402-3-N and O).

Deliberative process

See also: Deliberative process exemption

What agencies are covered?

See also: Defining public body

The Maine statute includes all government bodies at both the state and local levels.[9]

Legislature

See also: Legislatures and transparency

The expansive definition of public body found within the Maine Freedom of Access Act at Maine Statute 1-402 includes the state legislature. However, the act does have exemptions for the working papers of legislatures under a deliberative process exemption.

Privatized governmental agencies

See also: Private agency, public dollars and Private agency, public dollars-Maine

Private agencies that were created by a public entity and are controlled or managed by public entities are considered public bodies and fall under the scope of the Maine Freedom of Access Act. In addition, Town of Burlington v. Hospital Administrative District No. 1 established a test incorporating four factors, including funding, public function, whether or not the entity was created by a public body and if the entity is controlled by a public body. The test is a loose test that does not require any single factor to be met but considers the totality of factors.

Public universities

See also: Universities and open records

The definition of public body presumably includes public universities within the state.

Who may request records?

See also: List of who can make public record requests by state

Anyone may request public records in Maine. "[E]very person has the right to inspect and copy any public record."[10]

Must a purpose be stated?

See also: States requiring a statement of purpose

The law does not require a statement of purpose.

How can records be used?

See also: Record use restrictions

The law does not restrict the use of public records.

Time allowed for response

See also: Request response times by state

The law does not specify a time limit with regard to positive request responses. However, a rejection must occur within five business days of the receipt of the request.[11]

Fees for records

Copy costs

See also: How much do public records cost?

The Maine FAA allows for the charging of fees for both copying and duplication. Any costs estimated over $100 must be paid in advance. Fees may be waived if the request is made on behalf of the public good or if the person requesting lacks the money to pay the fees. Agencies may not charge fees to inspect public records.[12]

Search fees

See also: Sunshine laws and search fees

Agencies may charge fees to cover the staff time involved in the search not to exceed $10 an hour and only after the first hour of searching. Agencies may also charge fees for translating documents, but cannot charge fees for inspection.[13]

Records commissions and ombudsmen

See also: State records commissions and Maine Right To Know Advisory Committee

The Right to Know Advisory Committee was established by the Maine Freedom of Access Act in order to better assist the state in developing public records policy and training, as well as settling disputes concerning questions of law.

Role of the Attorney General

See also: Role of the Attorney General

Although the state Attorney General may enforce the Act, prosecutions are virtually unheard of.

Open meetings

"Except as otherwise provided by statute or by section 405, all public proceedings shall be open to the public, any person shall be permitted to attend any public proceeding and any record or minutes of such proceedings that is required by law shall be made promptly and shall be open to public inspection."[14]

See also

External links

References

Relevant legal cases

See also: Court cases with an impact on state FOIA and Maine sunshine lawsuits

Here is a list of relevant lawsuits in Maine (cases are listed alphabetically; to order them by year, please click the icon to the right of the "year" heading).

Lawsuit Year
Town of Burlington v. Hospital Administrative District No. 1 2001