An Act To Implement the Recommendations of the Committee To Study Compliance with Maine's Freedom of Access Laws
Maine Legislature, Session 122, LD 0301
Committee: Judiciary
Amends: 5 MRSA §200, 5 MRSA §12004-J, 1 MRSA §411

Legislative Document 
No. 301 
H.P.226 
House of Representatives, January 19,2005 
An Act To Implement the Recommendations of the Committee To 
Study Compliance with Maine's Freedom of Access Laws 
Reported by Representative KOFFMAN of Bar Harbor for the Committee to Study 
Compliance with Maine's Freedom of Access Laws pursuant to Public Law 2003, chapter 709, 
section 8. 
Reference to the Committee on Judiciary suggested and ordered printed under Joint Rule 
218. 
Printed on recycled paper 
/Jf~ 
/J7·7110£~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. I. I MRSA §411 is enacted to read: 
§411. 
Freedom of Access Adyisory Committee 
1. 
Adyisory conmittl!_!L~stablished. 
The Freedom of Access 
Advisory 
Committee, 
re~red to 
in 
this 
section 
as 
"the 
committee," is established to serve as a resource for ensuring 
compliance with this subchapter and upholding the integrity of 
the purposes underlying this subchapter as it applies to all 
public entities in the conduct of the public's business. 
2. 
Membership. 
The committee consists of the following 13 
members: 
A. 
One Senator, appointed by the President of the Senate; 
~ne 
m~mber of the ~ouse of Repr~tatives, appointed by 
the Speaker of the House; 
f:. 
On.e.J..e.ru:..e.sentati ve of municipal interests, appointed by 
the Governor; 
D. 
One 
representative of county or 
regional interests, 
QQPointed by the President of the Senate; 
E. 
One representative of school interests, appointed by the 
Governor; 
F. 
One 
representative 
of 
law 
enforcement 
interests, 
appointed by the President of the Senate; 
G. 
One representative of the interests of State Government, 
appointed by the Governor: 
H. 
One 
repr~e.n.t9_t_i ve of a 
st-9-.tJ~wide coalition of advocates 
of freedom of access, appointed by the Speaker of the House; 
I, 
One 
representative 
of 
ru1wspaper 
and 
other 
press 
interests, appointed by the President of the Senate; 
J. 
One representative of broadcasting interests, appointed 
by the Speaker of the House; 
K. 
On~p~~n.t~tive of the public, 
appointed by 
the 
Speaker of the House: 
L. 
The Attorney General or the Attorney General's designee: 
and 
t 
M. 
The 
committee shall inyite the Chief Justice of the 
Supreme Judicial Court to designate a member of the judicial 
branch to serve as a member of the committee. 
3. Terms Qf appointment. 
The terms of appointment are as 
follows. 
A. 
Terms of 
app_Qint.l.l,-e_:n.LJ:Q~9Jl,Q~xnQ,torial ap~tments and 
appointments by the President of the Senate and the Speaker 
of the House, other than legislative appointments. are for 
terms of 3 years. 
B. 
Te~ms of 
appointme~t for 
Legislators 
are 
for 
the 
legislative terms of office of the persons appointed. 
C. 
Mempers may serve beyond their designated terms until 
their successors are appointed. 
4. 
Fir_s_t_IDe.e.tip.g;~ajr. 
The Executive Director 
o~n-.e. 
Legislative Council shall call the first meeting of the committee 
as soon as 
funding~rmits. 
At the first meeting, the committee 
shall select a chair from among its memQers and may select a new 
chair annually. 
5. 
Mee~,i!lgs~pe committee may meet as often as necessary 
l;>1..!,t, 
if 
funding_permit.~:tL ____ ~9ll meet at least quarterly. 
A 
meeting may be called by the chair or by any 4 members. 
6. Duties and PQwers. 
The committee: 
A. 
Shall ov.rsee the review of ~xceptions to public records 
under subchapter I-A, ensuring that the schedule for review 
is maintained, that proposed exceptions are subject to the 
review 
process 
and 
that 
the 
criteria 
for 
review 
are 
appropriately applied; 
B. 
Shall review the public 0 s access to public proceedings 
and records: 
C. 
Shall review information provided by the 
Oml;>udsman 
apPQL~t~9~rsuant to Title 
5, 
concerning complaints about lack of access 
requests for access; 
Public Access 
section 
200-1 
and frivolous 
D. 
Sha:J,_I_...ffiQ.Ji;e 
recommgpdations 
to 
the 
Governor, 
the 
Legislature, the Chief Justice of the Supreme Judicial Court 
and local and regional governmental entities for changes in 
law 
and 
practice 
that 
are 
appropriate 
to 
maintain 
the 
integrity of the freedom of access laws and their underl~ 
principles; 
E. 
Shall serve 
as 
an 
adviser 
to 
the Legislature 
when 
legislation affecting public access is considered; 
f. 
May conduct public hearings, conferences, workshops and 
other 
meetings 
to 
publicize the needs 
concerning access to 
obtain 
information 
about, 
of and consider solutions to 
public proceedings and records; 
discu.s...s..L 
problems 
G. 
May submit le-9.i-filation to the Legislature at the start 
of each legislative session; and 
I. 
May 
undertake 
other 
activities 
consistent with its 
responsibilities. 
7. 
Funding. 
The committee is authorized to seek, accept 
and 
expend 
outside 
sources 
of 
funding 
to 
carry 
out 
the 
committee's activities. 
226. Reimbursement for expenses. 
Member;, 
are entitled to 
reimbursement for actual and necessary expenses related to travel 
to and from committee meetings when the expenses are approved by 
the 
chair 
and 
submitted 
to 
the 
Executive 
Director 
of 
the 
Legislative Council. 
9. 
Bo 
<;~sation. 
The members of the committee receive 
no compensation for their services. 
10. 
Staffing. 
Upon approval of the Legislative Council, 
the Office of Policy and Legal Analysis shall provide neces_sary 
staffing services to the committee. 
In addition, the committee 
may 
contract 
for 
administrative, 
professional 
and 
clerical 
services if funding permits. 
11. 
Report. 
By January 15, 
2006 
and at least annuallY 
thereafter, 
the 
committee shall report 
to 
the 
Governor, 
the 
Legislative 
CounciL 
the 
joint 
standing 
committee 
of 
the 
Legislature having jurisdiction over judiciary matters and the 
Chief Justice of the Supreme Judicial Court about the state of 
the freedom of access laws and the public's access to public 
proceedings and records. 
Sec. 2. 3 MRS A §163-A. sub-§ 7. as enacted by PL 1985, c. 50 L 
Pt. B, §5, is amended to read: 
7. 
Committee 
research, analysis 
of exceptions to 
assistance. 
To 
a:eElL bill drafting 
public records to 
provide 
assistance 
with 
aSSi&Baa~-!eF ~a~n~d~r~e~vL~~'e~w~ 
joint standing or select 
committees, 
including, but not limited to, 
the 
JeiHt--St;.aaEli-B~ 
~emmi~~ee--~a-~~~~~~&&-~-~~~~--A~~~~~~~--tAe--JeiB~ 
~~aBEliB~--G{}fArA-.i-~\:-e€--~-AI::lEli~- .. and--.p-'£~-am--Reyiew joint standing 
committee 
of 
the 
Legislature 
having 
jurisdiction 
over 
appropriations 
and 
financial 
matters 
and 
other 
legislative 
agencies; 
Sec. 3. 5 MRSA §200-1 is enacted to read: 
§200-I. 
Public Access Ombudsman 
1. 
Public 
Acces.§_~Y..d_sman. 
The Attorney General shall 
gp~t a Public Access Ombudsman, .... referred to in this section as 
"the ombudsman," 
within the Department of the· Attorney General 
to assist in compliance with the freedom of access laws in Title 
1, chapter 13. 
2. 
Duties. 
The ombudsman shall: 
A. 
Prepare 
interpretive 
and 
educational 
materials 
and 
programs 
concerning 
the 
freedom 
of 
access 
laws 
in 
cooperation with the Freedom of Access Advisory Committee 
established in Title 1, section 411; 
B. 
Make available to elected or appointed public officials 
the 
freedom 
of 
access 
laws 
and 
educational 
materials 
concerning the freedom of access laws; 
C. 
Respond to inquiries made 
by the public 
and public 
agencies and officials concerning the freedom of access laws: 
D. 
Respond to and work to resolve complaints made by the 
public 
and public 
agencies 
and officials concerning the 
freedom of access laws; 
E. 
Furnish, upon request, guidelines and other appropriate 
information regarding the 
freedom of access 
laws 
to 
any 
person 
or 
public 
agency 
or official 
in 
an 
expeditious 
manner; and 
F. 
Make recommendations to the Legislature and the Freedom 
of 
Access 
Advisory Committee 
concerning ways 
to 
improve 
public access to public records and proceedings. 
3. 
Assistance. 
The ombudsman may request from any public 
agency or official assistance, services and information to enable 
the 
ombudsman 
to effectively carry 
out 
the 
responsibilities 
described in this section. 
Every public agency and official 
shall cooperate with the ombudsman and provide the assistance, 
services or information. 
4. 
Report. 
Be~inning in 2006 and annually thereafter, the 
ombudsman shall submit a report no later than March ISh to the 
Legislature 
and 
to 
the 
Freedom of 
Access 
Advisory 
Committee 
~lished in Title 1, section 411 concerning the activities of 
the ombudsman for the previous calendar year. 
The report must 
include the following information: 
SO 
A. 
The total number of inguiries and complai~ received; 
B. 
The number of inguiries and complaints received from 
each of the following: 
(1) 
The public; 
(2) 
The media; and 
(3) 
Public agencies and officials; 
C. 
The number of complaints received concerning each of the 
following: 
(1) 
Public records; and 
(2) 
Public meetings; 
D. 
The 
number 
of 
in.g:uiries 
and 
complaints 
that 
were 
resolved and how they were resolved; and 
E. 
The number of complaints received about each of the 
following: 
(1) 
State agencies; 
(2) 
County agencies: 
(3) 
Regional agencies: 
(4) 
Municipal agencies; 
(S) 
School administrative units; and 
(6) 
Other public entities. 
Sec. 4. 5 MRSA §12004-J. sub-§14 is enacted to read: 
14. 
Freedom of 
Access 
freedom of 
Access 
Advisory 
Committee 
Page S-LR0113 (1) 
MRSA 
§411 
SUMMARY 
This is a unanimous recommendation of the Committee to Study 
Compliance with Maine's Freedom of Access Laws. 
It establishes 
the 
Freedom 
of 
Access 
Advisory 
Committee 
to 
maintain 
the 
integrity of Maine's freedom of access laws. 
The committee's 
duties include providing oversight of the review of exceptions to 
public records 
and ensuring that the schedule for 
review is 
maintained, that proposed exceptions are subject to the review 
process 
and 
that 
the 
criteria for 
review 
are 
appropriately 
applied. 
The committee shall also review the public's ability to 
access public proceedings and records, receive information from 
the Public Access Ombudsman concerning complaints about lack of 
access and fr i volous requests for access, 
make recommendations 
for changes in law and practice that are appropriate to maintain 
the 
integrity 
of 
Maine's 
freedom 
of 
access 
laws 
and 
the 
underlying principles and advise the Legislature when legislation 
affecting public access is considered. 
The 
committee 
may 
conduct 
public 
hearings, 
conferences, 
workshops 
and 
other 
meetings 
to 
obtain 
information 
about, 
discuss, 
publicize 
the 
needs 
of 
and 
consider 
solutions 
to 
problems concerning access to public proceedings and records and 
may also submit legislation to the Legislature at the start of 
each 
legislative 
session. 
The 
Office 
of 
Policy 
and 
Legal 
Analysis 
shall 
provide 
staff 
support 
to 
the 
committee, 
and 
annually by 
January 15th 
the 
committee 
shall 
report 
to 
the 
Governor, the Legislative Council and the Chief Justice of the 
Supreme Judicial Court about the state of Maine's 
freedom of 
access laws and the public's access to public proceedings and 
records. 
The bill establishes the Public Access Ombudsman within the 
Department 
of 
the 
Attorney 
General. 
The 
ombudsman 
provides 
information and educational materials to the public and public 
agencies and officials. 
The ombudsman will respond to inquiries, 
resolve 
freedom of access 
complaints when possible and issue 
guidelines 
concerning 
Maine's 
freedom 
of 
access 
laws. 
The 
ombudsman will work with the Freedom of Access Advisory Committee 
to provide interpretive and educational materials and programs. 
The ombudsman will make recommendations to the Legislature and 
the 
Freedom 
of 
Access 
Advisory Committee 
concerning 
ways 
to 
improve public access to public records and public proceedings. 
The 
ombudsman 
may 
request 
the assistance of 
any public 
agency 
or 
official 
in 
carrying 
out 
these 
responsibilities. 
Public agencies and officials shall cooperate with and provide 
assistance to the ombudsman. 
Beginning March 2006, 
the Legislature and the 
regarding 
the 
ombudsman's 
complaints received. 
the ombudsman will report annually to 
Freedom of Access Advisory Committee 
activities 
and 
the 
inquiries 
and 
The bill also establishes legislative staff services for the 
legislative committees that are required to conduct the review of 
exceptions to public records laws.