An Act To Protect the Confidentiality of Local Government Employees' Private Information
Maine Legislature, Session 128, LD 0146
Committee: Judiciary
Sponsors: McCREIGHT, CARSON, BABBIDGE, BATTLE, BEEBE-CENTER, COREY, MONAGHAN, PIERCE, SIMMONS, VITELLI
Amends: 30-A MRSA §2702

Legislative Document
No. 146
H.P. 104
House of Representatives, January 19, 2017
An Act To Protect the Confidentiality of Local Government 
Employees' Private Information
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative McCREIGHT of Harpswell.
Cosponsored by Senator CARSON of Cumberland and
Representatives: BABBIDGE of Kennebunk, BATTLE of South Portland, BEEBE-CENTER 
of Rockland, COREY of Windham, MONAGHAN of Cape Elizabeth, PIERCE of Dresden, 
SIMMONS of Waldoboro, Senator: VITELLI of Sagadahoc.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  30-A MRSA §2702, sub-§1, as amended by PL 1997, c. 770, §3, is 
further amended to read: 
1.  Confidential records.  The following records are confidential and not open to 
public inspection.  They are not "public records" as defined in Title 1, section 402, 
subsection 3.  These records include: 
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"unlisted" or "unpublished" in an application, resume or letter or note of 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 must 
remain confidential and are not open to public inspection; 
B.    Municipal records pertaining to an identifiable employee and containing the 
following: 
 (1)  Medical information of any kind, including information pertaining to 
diagnosis or treatment of mental or emotional disorders; 
 (2)  Performance evaluations and personal references submitted in confidence; 
 (3)  Information pertaining to the creditworthiness of a named employee; 
 (4)  Information pertaining to the personal history, general character or conduct 
of members of an employee's immediate family; and 
 (5)  Complaints, charges or accusations of misconduct, replies to those 
complaints, charges or accusations and any other information or materials that 
may result in disciplinary action.  If disciplinary action is taken, the final written 
decision relating to that action is no longer confidential after the decision is 
completed if it imposes or upholds discipline.  The decision must state the 
conduct or other facts on the basis of which disciplinary action is being imposed 
and the conclusions of the acting authority as to the reasons for that action.  If an 
arbitrator completely overturns or removes disciplinary action from an employee 
personnel file, the final written decision is public except that the employee's 
name must be deleted from the final written decision and kept confidential.  If the 
employee whose name was deleted from the final written decision discloses that 
the employee is the person who is the subject of the final written decision, the 
entire final written report, with regard to that employee, is public. 
For purposes of this subparagraph, "final written decision" means: 
 (a)  The final written administrative decision that is not appealed pursuant to 
a grievance arbitration procedure; or 
 (b)  If the final written administrative decision is appealed to arbitration, the 
final written decision of a neutral arbitrator. 
A final written administrative decision that is appealed to arbitration is no longer 
confidential 120 days after a written request for the decision is made to the 
employer if the final written decision of the neutral arbitrator is not issued and 
released before the expiration of the 120 days; and 
(6)  Personal information, including that which pertains to the employee's: 
(a) Age; 
(b) Ancestry, ethnicity, genetic information, national origin, race or skin 
color; 
(c) Marital status; 
(d) Mental or physical disabilities; 
(e) Personal contact information, as described in Title 1, section 402, 
subsection 3, paragraph O; 
(f) Personal employment choices pertaining to elected payroll deductions, 
deferred compensation, saving plans, pension plans, health insurance and life 
insurance; 
(g) Religion; 
(h) Sex or sexual orientation; or 
(i) Social security; and 
C.    Other information to which access by the general public is prohibited by law. 
SUMMARY 
This bill clarifies that certain personal information of municipal employees is 
confidential and the record or the portion of the record containing that information in the 
possession of a municipal government is not a public record.  The types of information 
protected include that which pertains to age, ancestry, ethnicity, genetics, national origin, 
race, skin color, marital status, mental or physical disabilities, personal contact 
information, religion, sex, sexual orientation, social security and personal employment 
choices pertaining to elected payroll deductions, deferred compensation, savings plans, 
pension plans, health insurance and life insurance.