An Act To Ensure Communication about Public Complaints against State Employees
Maine Legislature, Session 121, LD 1047
Committee: State and Local Government
Sponsors: LA VERRIERE-BOUCHER
Amends: 5 MRSA §7034, 5 MRSA §7036

12lst MAINE LEGISLATURE 
Legislative Document 
No. 1047 
H.P.764 
House of Representati ves, February 26, 2003 
An Act To Ensure Communication about Public Complaints against 
State Employees 
Reference to the Committee on State and Local Government suggested and ordered printed. 
77/~/J7.~ 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative LA VERRIERE-BOUCHER of Biddeford. 
Printed on recydeu paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 5 MRSA §7034. sub-§10. as amended by PL 1991, c. 780, 
Pt. Y, §93, is further amended to read: 
10. 
Administer 
state 
employee 
assistance 
program. 
Administer assessment and referral services for employees in need 
of these services in accordance with the program defined by 
section 957; aBe 
Sec. 2. 5 MRSA §7034. sub-§ll, as enacted by PL 1991, c. 780, 
Pt. Y, §94, is amended to read: 
11. 
Administer 
state 
employee 
workers' 
compensation 
program. 
Administer the program of workers' 
compensation for 
state employees in conjunction with the programs for health and 
wellness and health insuranceT; and 
Sec. 3. 5 MRSA §7034, sub-§12 is enacted to read: 
12. 
Liaison for public complaints. 
Act as the liaison fOl: 
public complaints about state employees pursuant to section 7040. 
Sec. 4. 5 MRSA §7036. sub-§ll. as enacted by PL 1985, c. 785, 
Pt. B, §38, is amended to read: 
11. 
Investigate 
complaints. 
Investigate 
complaints 
and 
problems relating to the administration and operation of the 
civil service system, including complaints from the public about 
state employees, and inform the joint standing committee of the 
Legislature having jurisdiction over State Government 
of 
any 
legislation necessary to resolve the problems; 
Sec. 5. 5 MRS A §7040 is enacted to read: 
§7040. 
Liaison for public complaints 
The Bureau of Human Resources shall act as a liaison fOl 
complaints filed by the public about state employees. 
1. 
Communications 
with 
agency. 
Any 
state 
agency 
that 
receives a complaint about a state employee or a group of state 
employees shall file notice of the complaint with the Bureau of 
Human 
Resources. 
If the 
complaint is first filed with the 
bureau, the bureau shall provide notice to the agency. 
2. 
Investigation. 
The director may direct an investigation 
into any complaint filed under subsection 1. 
Page l-LR0735(1) 
3. 
COlllllUllication 
with 
public. 
The 
Bureau 
of 
Human 
Resources 
shall 
provide 
in writing 
to 
the 
person 
making 
a 
complaint 
under 
subsection 
1, 
to 
the 
extent 
not 
otherwise 
prohibited by law: 
A. 
A monthly status report on the complaint until final 
notice of resolution; 
B. 
A description of what measures are being undertaken by 
the agency, in which the employee who is the subject of the 
complaint is employed, to address the complaint and ensure 
that a similar complaint is not justified in the future; and 
c. 
Any 
changes 
in 
employee 
status, 
changes 
in 
agency 
procedures and any findings of the Bureau of Human Resources 
that occur as a result of the complaint. 
4. 
Rulemaking. 
The Bureau of Human Resources may adopt 
routine technical rules pursuant to chapter 375, subchapter 2-A 
necessary to implement this section. 
SUMMARY 
This bill establishes a procedure whereby a member of the 
public will be kept informed about a complaint made against a 
state employee. 
Under the bill, the Department of Administrative 
and Financial Services, Bureau of Human Resources is the liaison 
between the public and the agency in which the state employee 
works.