An Act To Protect the Confidentiality of Local Government Employees' Private Information
Maine Legislature, Session 128, LD 0146
Committee Amendment CA_A_H85 (House)
Amends: 5 MRSA §7070, 30-A MRSA §503

COMMITTEE AMENDMENT "A" to H.P. 104, L.D. 146, Bill, "An Act To 
Protect the Confidentiality of Local Government Employees' Private Information" 
Amend the bill by striking out the title and substituting the following: 
'Act To Protect the Confidentiality of State and Local Government Employees' 
Private Information' 
Amend the bill by inserting after the enacting clause and before section 1 the 
following: 
'Sec. 1. 5 MRSA §7070, sub-§2, ,0-1, as amended by PL 2007, c. 597, §6, is 
fmther amended to read: 
D-1. Personal information pertaining to the employee's race, color, religion, sex, 
sexual orientation as defined in section 4553, subsection 9-C, national origin, 
ancestry, genetic information, age, physical disability, mental disability and marital 
status; social security number; personal contact information as provided in Title l, 
section 402, subsection 3, paragraph O; and personal employment choices pertaining 
to elected payroll deductions, deferred compensation, savings plans, pension plans, 
health insurance and life insurance. When there is a work requirement for public 
access to personal information under this paragraph that is not otherwise protected by 
law, that information may be made public. The Director of the Bureau of Human 
Resources, upon the request of the employing agency, shall make the determination 
that the release of ce1tain personal information not otherwise protected by law is 
allowed; and 
Sec. 2. 30-A MRSA §503, sub-§1, ~' as amended by PL 1997, c. 770, §2, is 
further amended to read: 
B. County records containing the following: 
( 1) Medical information of any kind, including information pe1taining to the 
diagnosis or treatment of mental or emotional disorders; 
(2) Performance evaluations and personal references submitted in confidence; 
COMMITTEE AMENDMENT 
ft. of s. 
COMMITTEE AMENDMENT "A" to H.P. 104, L.D. 146 
(3) Information pertaining to the creditworthiness of a named employee; 
(4) Infotmation 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 infmmation 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. If an arbitrator completely 
ove1turns 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. savings plans, pension plans, health insurance and 
life insurance; 
(g) Religion; 
(h) Sex or sexual orientation as defined in Title 5, section 4553, subsection 
9-C; or 
COMMITTEE AMENDMENT 
R. of s. 
COMMITIEE AMENDMENT "A" to H.P. 104, L.D. 146 
(i) Social security number; and' 
Amend the bill in section 1 in subsection 1 in paragraph B in subparagraph (6) in 
division (h) in the first line (page 2, line 25 in L.D.) by inserting after the following: 
"orientation" the following: 'as defined in Title 5, section 4553, subsection 9-C' 
Amend the bill in section 1 in subsection 1 in paragraph B in subparagraph (6) in 
division (i) in the first line (page 2, line 26 in L.D.) by inserting after the following: 
"security" the following: 'number' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
The bill amends the law governing the confidentiality of personal information of 
municipal employees to parallel the same protections for state employees, with the 
addition of keeping as confidential any genetic information and infonnation about the 
sexual orientation of the employee if contained in the records of the municipality. This 
amendment amends the state employee personnel records provisions to include 
confidentiality of genetic information and sexual orientation and amends the laws 
governing county employee personnel records to match. This amendment includes cross-
references to the Maine Human Rights Act for the definition of "sexual orientation." It 
also correctly provides for the confidentiality of a municipal employee's social security 
number. 
COMMITTEE AMENDMENT