Ethics Commission — Portland, ME
Date: 2025-07-29
Time: 17:00

ETHICS COMMISSION MEMBERS
 Carolyn Braun
 Peter Goldman
Tuesday, July 29, 2025 at 5:00 PM Jennifer Goodwin
Via Zoom William Hayward
 Maria Maffucci
 Rosemary Paine
 Jennifer Wriggins




REMOTE ACCESS INFORMATION:
The Ethics Commission will conduct this meeting remotely via Zoom pursuant to the Remote Meeting Policy.
Allow your computer to install the free Zoom app to get the best meeting experience. If you are not able to
attend live either in person or via Zoom, a recording will be available in the Agenda Center following the
meeting.

https://portlandmaine-gov.zoom.us/j/81575277112?pwd=2lomkGS8TZi6fP43xhsu0EVkP8s0qP.1

PUBLIC COMMENT INFORMATION:



AGENDA:

1. Call to Order

2. Roll Call

3. New Business

 i. Adopt a Remote Meeting Policy
 ii. Elect a Chairman
 iii. Elect Secretary
 iv. FOAA Training
4. Next Steps

 i. Future Meeting: Review/Adopt Rules & Procedures of Ethics Commission
5. Next Meeting Date

 i. Set Date/Time of Next Meeting




 1

ETHICS COMMISSION MEMBERS
 Carolyn Braun
 Peter Goldman
Tuesday, July 29, 2025 at 5:00 PM Jennifer Goodwin
Via Zoom William Hayward
 Maria Maffucci
 Rosemary Paine
 Jennifer Wriggins




REMOTE ACCESS INFORMATION:
The Ethics Commission will conduct this meeting remotely via Zoom pursuant to the Remote Meeting Policy.
Allow your computer to install the free Zoom app to get the best meeting experience. If you are not able to
attend live either in person or via Zoom, a recording will be available in the Agenda Center following the
meeting.

https://portlandmaine-gov.zoom.us/j/81575277112?pwd=2lomkGS8TZi6fP43xhsu0EVkP8s0qP.1

PUBLIC COMMENT INFORMATION:



AGENDA:

1. Call to Order

2. Roll Call

3. New Business

 i. Adopt a Remote Meeting Policy
 ii. Elect a Chairman
 iii. Elect Secretary
 iv. FOAA Training
4. Next Steps

 i. Future Meeting: Review/Adopt Rules & Procedures of Ethics Commission
5. Next Meeting Date

 i. Set Date/Time of Next Meeting




 1

 Page 1
 REMOTE PARTICIPATION POLICY
 OF THE
 ETHICS COMMISSION

 ADOPTED on _______________, 2025



 Pursuant to 1 M.R.S. § 403-B, and after public notice and a hearing, the Ethics
Commission of the City of Portland, Maine, hereby adopts the following policy to govern remote
methods of participation in public proceedings or meetings (collectively, “meetings”) of the
Ethics Commission (hereinafter collectively referred to as the “Commission”).

 In addition to conducting meetings with in-person participation, the Commission conducts
meetings with two other types of participation: remote and hybrid.




D
 Remote meetings allow Commission members and the public to participate only by
telephonic or video technology allowing simultaneous reception of information, but may include
other means necessary to accommodate disabled persons (referred to herein as “remote methods
of participation”). Remote meetings will not be by text-only means such as e-mail, text messages,
or chat functions.




 R Hybrid meetings allow Commission members and the public to participate in-person or
by remote methods of participation. Members of the Commission are encouraged to participate
in-person for hybrid meetings.




  AF Prior to each meeting, the Chair or other presiding officer, in consultation with other
members of the Commission if appropriate and possible, will determine whether participation at
a meeting will be in person, remote, or hybrid in as timely a manner as possible under the
circumstances. Any Commission member who is unable to attend a meeting in-person will notify
the Chair or other presiding officer as far in advance as possible.

 The public, City staff, complainants, requesters, and interested parties before the




 T
Commission will be provided a meaningful opportunity to attend a meeting via remote methods
of participation when any member of the Commission participates via remote methods or when
remote methods are available and operational at a given Commission meeting. If public input via
remote methods is allowed or required at a meeting, an effective means of communication
between the Commission and the public will also be provided. The public will also be provided
an opportunity to attend the meeting in person unless there is an emergency or urgent situation
that requires the entire Commission to meet only by remote methods.

 Notice of all Commission meetings will be provided in accordance with 1 M.R.S. § 406,
and the City Charter, City Code or policy, if applicable. When the public may attend via remote
methods, the notice will include the means by which the public may access the meeting remotely
and will provide a method for disabled persons to request necessary accommodation to access
the meeting. The notice will also identify the location where the public may attend the meeting in
person. The Commission will not restrict public attendance to remote methods except in the case
of an emergency or urgent issue that requires it to meet using remote methods of attendance.

 The Commission will make all documents and materials to be considered by it during a
meeting available, electronically or otherwise, to the public who attend remotely to the same
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extent customarily available to the public who attend in person, provided no additional costs are
incurred.

 All votes taken during a Commission meeting using remote methods will be by roll call
vote that can be seen and heard if using video technology, or heard if using audio technology
only, by other members of the Commission and the public. A member of the Commission who
participates remotely will be considered present for purposes of establishing a quorum and
voting.

 This policy will remain in force indefinitely unless amended by the Commission.




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Freedom of Access Act
 1 M.R.S. § 401 et seq.




 July 29, 2025




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01
Purpose of the Law
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Freedom of Access Act
Maine’s “Right to Know” Law


The purpose of Maine’s Freedom of Access Act, commonly referred to as FOAA, is to
create transparency in the government.


As a governmental body, the Ethics Commission is subject to FOAA requirements.




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FOAA Requirements

Public Proceedings Public Records
“the transactions of any functions affecting any or all citizens of “any written, printed or graphic matter or any mechanical or
the State by . . . any board, commission, agency or authority of electronic data compilation from which information can be
any county, municipality, school district or any regional or other obtained, directly or after translation into a form susceptible of
political or administrative subdivision or any advisory visual or aural comprehension, that is in the possession or
organization established, authorized or organized by law, resolve custody of an agency or public official of this State or any of its
or executive order” political subdivisions . . . 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”




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02
Public Proceedings
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Public Proceedings
What is a public proceeding?


Includes:
  ● Regularly scheduled meetings of public bodies
  ● Workshops & working sessions
  ● Strategy meetings & other informal meetings
Where business of the public body is being discussed between three (3) or more
members of the public body




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Public Proceedings
What does FOAA require of a public proceeding?


Must be open to the public and any person must be permitted to attend
  ● Except where the law permits a body to meet in executive session
Notice of the meeting must be posted in advance
  ● Posting must be made in ample time to allow public attendance
  ● Notice must be disseminated in a manner reasonably calculated to notify the
 general public in the jurisdiction served
Record must be made of the meeting, including:
  ● Date, time, and place
  ● Members present and absent
  ● Motions and votes taken
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Communications Outside a Public Meeting

Email Communications Non-Substantive Matters
Refrain from using email as a substitute for deliberating or Email is permissible to communicate with other members about
deciding substantive matters properly confined to public non-substantive matters, such as scheduling meetings,
proceedings. developing agendas, and disseminating information and reports.




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Executive Sessions
When can a meeting be closed to the public?


Because FOAA creates a strong preference for transparency in government, there are
only limited reasons permitted for a board or agency to meet in executive session-not
open to the public.
  ● Before going into executive session, the statutory reasons for the ES must be
 placed on the record (Ex: “We are going into executive session pursuant to 1
 M.R.S. §405(6)(D) to discuss contract negotiations with____union.”)
  ● Once in executive session, the board can only discuss the matter for which the
 executive session was called.
Final approval of rules, regulations, contracts, appointments, and other official actions
cannot be approved in executive session.
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Reasons for Executive
Sessions
 ● Employment, appointment, assignment, duties,
 ● Condition, acquisition, or use of real or personal property
 promotion, demotion, compensation, evaluation
 or disposition of publicly held property or economic
 discipline, resignation, or dismissal of employees or
 development
 investigation or hearing of charges or complaints against
 ○ If premature disclosure would prejudice the
 a person
 competitive or bargaining position
 ○ Only if public discussion could damage person’s
 ● Discussion of labor contracts and proposals and meetings
 reputation or right to privacy
 with labor negotiators
 ○ Person charged or investigated must be allowed
 ● Consultations between a body and its attorney about legal
 to attend
 rights and duties or litigation
 ○ Person charged or investigated can request that
 ● Discussion of confidential records
 the discussion occur in open session
 ● Discussion or approval of exams for licensing, permitting,
 ○ Person bringing charges, complaints, or
 or employment purposes
 allegations of misconduct must be allowed to
 ● Discussion with a code enforcement officer regarding the
 attend
 prosecution of an enforcement matter




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03
Public Records
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Public Records
What is a public record?


Almost everything that a municipal entity uses to store or transmit information is a public
record.
  ● Paper & electronic documents (e.g. meeting minutes, agendas, notes, etc.)
  ● Emails & text messages
  ● Audio & video recordings




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Exclusions of Public Records
 ● Records designated confidential by law (e.g. personnel
 ● Architecture, design, and security information of
 records)
 technology infrastructure, systems, and software
 ● Privileged documents
 ● Social security numbers
 ● Personal information shared between a constituent and
 ● Personal contact information of employees
 an elected official
 ● Geographic information of recreational trails located on
 ● Collective bargaining preparation and negotiation
 private land without public deed or guaranteed right of
 materials
 public access
 ● Medical records and municipal ambulance reports
 ● Email addresses obtained for the purpose of
 ● Juvenile records and reports related to the investigation
 disseminated non-interactive notifications, updates, and
 of a juvenile fire setter
 cancellations
 ● Information concerning minors related to recreational or
 ● Personal information regarding community well-being
 other non-mandatory educational programs or services
 programs
 ● Security plans, safety procedures, and risks assessments
 to prevent acts of terrorism




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Public Record Requests
How do you respond to a public records request?


  1. Acknowledge receipt of the request within five (5) working days
  2. Make the records available within a reasonable period of time
 a. Redact or withhold confidential information
 b. Explain why certain information was redacted or withheld
Permitted Actions
  ● Seek clarification from requester, if necessary
  ● Charge a reasonable fee for copying and for time spent retrieving, compiling &
 redacted records
 ○ Requires providing an estimate to the requester
Not required to answer questions or create records!
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04
Violations
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Violations
What is the penalty for violating FOAA requirements?


Willful violations of the law are punishable by a civil fine of up to:
  ● $500 -first violation
  ● $1,000 - second violation within four (4) years
  ● $2,000-third and subsequent violations within four (4) years


In an appeal, the Superior Court may:
  ● Order disclosure of wrongfully withheld public records
  ● Invalidate action taken illegally in executive session



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Questions?


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City of Portland-Ethics Commission ​ ​ ​ ​ ​




Meeting Date: Tuesday, July 29, 2025 at 5:00 pm-Meeting Minutes




Attendees
Carolyn Braun, Peter Goldman, Jennifer Goodwin, William Hayward, Maria Maffucci, Rosemary
Paine, Jennifer Wiggins,
Staff: Ashley Rand, City Clerk; Rachel Millette, Associate Corporation Counsel


Agenda
Call to Order
 1.​ Ashley Rand called the meeting to order at 5:00 pm

New Business
 1.​ Adopt a Remote Meeting Policy
 Motion was made by Peter Goldman and seconded by William Hayward for passage.
 Passage: 7-0
 2.​ Introduce Members
 All members were introduced
 3.​ Elect a Chair
 Motion was made by Caroyln Braun and seconded by Jennifer Wriggins to elect Peter
 Goldman as Chair for passage. Passage: 6-1 (Peter Goldman abstained)
 4. Elect a Secretary
 Motion was made by Peter Goldman and seconded by William Hayward to elect Carolyn
 Braun as Secretary for passage. Passage: 6-1 (Carolyn Braun abstained)
 5. FOAA Training
 Rachel Millette (Associate Corporation Counsel) presented the FOAA material and
 trained the Commissioners
Next Steps
 ○​ Review/Adopt Rules & Procedures of the Ethics Commission
 ■​ Ms. Millette will provide the Commissioners with the legal landscape and
 other city’s ethics codes as a basis for creating Rules and Procedures
 ○​ Next Meeting
 Motion was made by William Hayward and seconded by Jennifer Goodwin to meet the last
 Tuesday of every month at 6:00pm with the exception of the next meeting, which will be on
 Wednesday, August 27, 2025 at 6:00pm via zoom. Passage 8-0


 Next Meeting: August 27, 2025 at 6:00pm via zoom.
​ ​