An Act To Require That Certain Applicant Information for Certain Local Government and School Administrative Positions Be Public upon Application
Maine Legislature, Session 128, LD 1084
Committee: Judiciary
Sponsors: SPEAR, DESCHAMBAULT, BEEBE-CENTER, ORDWAY
Amends: 20-A MRSA §6101, 30-A MRSA §503, 30-A MRSA §2702

Legislative Document
No. 1084
H.P. 762
House of Representatives, March 21, 2017
An Act To Require That Certain Applicant Information for Certain 
Local Government and School Administrative Positions Be Public 
upon Application
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative SPEAR of South Thomaston.
Cosponsored by Senator DESCHAMBAULT of York and
Representatives: BEEBE-CENTER of Rockland, ORDWAY of Standish.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  20-A MRSA §6101, sub-§2, ¶B, as amended by PL 1995, c. 547, §4, is 
further amended to read: 
B.  Except as provided in paragraph paragraphs A and D, information in any form 
relating to an employee or applicant for employment, or to the employee's immediate 
family, must be kept confidential if it relates to the following: 
(1)  All information, working papers and examinations used in the examination or 
evaluation of all applicants for employment; 
(2)  Medical information of any kind, including information pertaining to 
diagnosis or treatment of mental or emotional disorders; 
(3)  Performance evaluations, personal references and other reports and 
evaluations reflecting on the quality or adequacy of the employee's work or 
general character compiled and maintained for employment purposes; 
(4)  Credit information; 
(5)  Except as provided by subsection 1, the personal history, general character or 
conduct of the employee or any member of the employee's immediate family; 
(6)  Complaints, charges of misconduct, replies to complaints and charges of 
misconduct and memoranda and other materials pertaining to disciplinary action; 
(7)  Social security number; 
(8)  The teacher action plan and support system documents and reports 
maintained for certification purposes; and 
(9)  Criminal history record information obtained pursuant to section 6103. 
Sec. 2.  20-A MRSA §6101, sub-§2, ¶D is enacted to read: 
D.  The name and address of an applicant for a position as superintendent are public 
records upon application by the applicant. 
Sec. 3.  30-A MRSA §503, sub-§1, ¶A, as repealed and replaced by PL 1989, c. 
402, §2, is amended to read: 
A.  Except as provided in this paragraph, applications, resumes, letters and notes of 
reference, working papers, research materials, records, examinations and any other 
documents or records and the information they contain, solicited or prepared either by 
the applicant or the county for use in the examination or evaluation of applicants for 
positions as county employees. 
(1)  Notwithstanding any confidentiality provision other than this paragraph, 
applications, resumes and letters and notes of reference, other than those letters 
and notes of reference expressly submitted in confidence, pertaining to the 
applicant hired are public records after the applicant is hired. 
(2)  Telephone numbers are not public records if they are designated as "unlisted" 
or "unpublished" in an application, resume or letter or note of reference. 
(3)  This paragraph does not preclude union representatives from access to 
personnel records which that may be necessary for the bargaining agent to carry 
out its collective bargaining responsibilities.  Any records available to union 
representatives which that are otherwise covered by this subsection shall remain 
confidential and are not open to public inspection;. 
(4)  The name and address of an applicant for a position as county administrator 
are public records upon application by the applicant; 
Sec. 4.  30-A MRSA §2702, sub-§1, ¶A, as repealed and replaced by PL 1989, c. 
402, §3, is amended to read: 
A.  Except as provided in this paragraph, applications, resumes, letters and notes of 
reference, working papers, research materials, records, examinations and any other 
documents or records and the information they contain, solicited or prepared either by 
the applicant or the municipality for use in the examination or evaluation of 
applicants for positions as municipal employees. 
(1)  Notwithstanding any confidentiality provision other than this paragraph, 
applications, resumes and letters and notes of reference, other than those letters 
and notes of reference expressly submitted in confidence, pertaining to the 
applicant hired are public records after the applicant is hired. 
(2)  Telephone numbers are not public records if they are designated as "unlisted" 
or "unpublished" in an application, resume or letter or note of reference. 
(3)  This paragraph does not preclude union representatives from access to 
personnel records which that may be necessary for the bargaining agent to carry 
out its collective bargaining responsibilities.  Any records available to union 
representatives which that are otherwise covered by this subsection shall remain 
confidential and are not open to public inspection;. 
(4)  The name and address of an applicant for a position as city manager or town 
manager are public records upon application by the applicant; 
SUMMARY 
This bill provides that the names and addresses of applicants for positions as county 
administrator, city manager, town manager and school superintendent are public records 
upon application by the applicant.