An Act To Implement the Recommendations of the Right To Know Advisory Committee Creating the Public Access Ombudsman
Maine Legislature, Session 123, LD 1923
Amends: 5 MRSA §200

Legislative Document 
No. 1923 
H.P.1361 
House of Representatives, June 12, 2007 
An Act To Implement the Recommendations of the Right To Know 
Advisory Committee Creating the Public Access Ombudsman 
Reported by Representative SIMPSON of Auburn for the Joint Standing Committee on 
Judiciary pursuant to the Maine Revised Statutes, Title 1, section 411, subsection 6, paragraph 
G. 
Printed on recycled paper 
7r/~/J7.~ 
MILUCENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 5 MRSA §200-1 is enacted to read: 
§200-I. Public Access Division; Public Access Ombudsman 
1. Public Access Division; Public Access Ombudsman. There is created within the 
Department of the Attorney General the Public Access Division to assist in compliance 
with the State's freedom of access laws, Title 1, chapter 13. The Attorney General shall 
appoint the Public Access Ombudsman, referred to in this section as "the ombudsman," to 
administer the division. 
2. Duties. The ombudsman shall: 
A. Prepare and make available interpretive and educational materials and programs 
concerning the State's freedom of access laws in cooperation with the Right To Know 
Advisory Committee established in Title 1, section 411 ; 
B. 
Respond to informal inquiries made by the public and public agencIes and 
officials concerning the State's freedom of access laws; 
C. 
Respond to and work to resolve complaints made by the public and public 
agencies and officials concerning the State's freedom of access laws; 
D. 
Furnish, upon request, advisory opinions regarding the interpretation of and 
compliance with the State's freedom of access laws to any person or public agency or 
official in an expeditious manner. 
The ombudsman may not issue an advisory 
opinion concerning a specific matter with respect to which a lawsuit has been filed 
under Title 1, chapter 13. 
Advisory opinions must be publicly available after 
distribution to the requestor and the parties involved; and 
E. 
Make recommendations concerning ways to improve public access to public 
records and proceedings. 
3. Assistance. The ombudsman may request from any public agency or official such 
assistance, services and information as will enable the ombudsman to effectively cany 
out the responsibilities of this section. 
4. Confidentiality. The ombudsman may access records that a public agency or 
official believes are confidential in order to make a determination whether the records 
may be released to the public. Records that would be confidential if they were in the 
possession or custody of a public agency or official are confidential if those records are in 
the possession of the ombudsman. The ombudsman shall maintain the confidentiality of 
confidential records and information provided to the ombudsman. 
5. Report. Beginning in 2008, the ombudsman shall submit a report not later than 
March 15th of each year to the Legislature and the Right To Know Advisory Committee 
established in Title 1, section 411 concerning the activities of the ombudsman for the 
previous year. The report must include: 
A. The total number of inquiries and complaints received; 
C~ 
B .. The number of inquiries and complaints received respectively from the public. the 
media and public agencies or officials; 
C. The number of complaints received concerning respectively public records and 
public meetings; 
D. The number of complaints received concerning respectively: 
(1) State agencies; 
(2) County agencies; 
(3) Regional agencies; 
(4) Municipal agencies; 
(5) School administrative units; and 
(6) Other public entities; 
E. The number of inquiries and complaints that were resolved; 
F. The total number of written advisory opinions issued and pending; and 
G. Recommendations concerning ways to improve public access to public records 
and proceedings. 
Sec. 2. Appropriations and allocations. The following appropriations and 
allocations are made. 
ATTORNEY GENERAL, DEPARTMENT OF THE 
Administration - Attorney General 0310 
Initiative: Provides funds for a part-time Assistant Attorney General position and general 
operating expenses required to carry out the purposes of this Act. 
GENERAL FUND 
2007-08 
2008-09 
POSITIONS - LEGISLATIVE COUNT 
0.500 
0.500 
Personal Services 
$27,941 
$39,458 
All Other 
$1,718 
$1,290 
GENERAL FUND TOTAL 
$29,659 
$40,748 
SUMMARY 
This bill is introduced by the Joint Standing Committee on Judiciary pursuant to the 
Maine Revised Statutes, Title 1, section 411, subsection 6, paragraph G and is based on 
the Right To Know Advisory Committee's recommendation to establish a Public Access 
Ombudsman. 
This bill establishes the Public Access Ombudsman within the Department of the 
Attorney General. The ombudsman will provide information and educational materials 
and programs to the public, as well as public agencies and officials, in cooperation with 
the Right To Know Advisory Committee. The ombudsman will respond to informal 
inquiries, resolve freedom of access complaints when possible and issue advisory 
opinions concerning the State's freedom of access laws. The ombudsman is not permitted 
to issue an advisory opinion on an issue that is the subject of a lawsuit filed under the 
freedom of access laws. The ombudsman must make the advisory opinions available to 
the public once they are distributed to the persons requesting the advisory opinion and the 
parties involved. 
The ombudsman will make recommendations 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. The ombudsman may access records that a public 
agency or official believes are confidential in order to determine whether the records may 
be released to the public. 
Records that would be confidential if they were in the 
possession or custody of a public agency or official are confidential if those records are in 
the possession of the ombudsman. The ombudsman shall maintain the confidentiality of 
confidential records and information provided to the ombudsman. 
Beginning in March 2008, the ombudsman will report annually to the Legislature and 
the Right To Know Advisory Committee regarding the ombudsman's activities and the 
inquiries and complaints received. 
The report must also include recommendations 
concerning ways to improve public access to public records and proceedings. 
FISCAL NOTE REQUIRED 
(See attached) 
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Approved: 06/06/07 ;t!vac:. 
LD I q 2-3 
LR 2685(01) 
An Act To Implement the Recommendations of the Right To Know Advisory Committee Creating the 
Public Access Ombudsman 
Net Cost (Savings) 
General Fund 
AppropriatioDs! Allocations 
Genernl Fund 
Fiscal Detail and Notes 
Fiscal Note for Original Bill 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
2007-08 
$29,659 
$29,659 
2008-09 
$40,748 
$40,748 
Projections 
2009-10 
$41,963 
$41,963 
Projections 
2010-11 
143,216 
$43,216 
This bill includes a General Fund appropriation to the Department of the Attorney General of $29,659 in fiscal year 
2007-08 and $40,748 in fiscal year 2008-09 for a part-time Assistant Attorney General position and general operating 
expenses to carry out the purposes of this act. 
LR2685(01) - Fiscal Note - Page 1 of 1