An Act To Clarify the Law Regarding Arbitration Privacy with Respect to Executive and Legislative Branch Employees
Maine Legislature, Session 128, LD 1216
Committee Amendment CA_A_H433 (House)
Amends: 30-A MRSA §503, 30-A MRSA §2702

COMMITTEE AMENDMENT "ft" to H.P. 848, L.D. 1216, Bill, "An Act To 
Clarify the Law Regarding Arbitration Privacy with Respect to Executive and Legislative 
Branch Employees" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Clarify the Law Regarding Arbitration Privacy with Respect to Public 
Employees' 
Amend the bill by inserting after section 1 the following: 
'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 pertaining to the 
diagnosis or treatment of mental or emotional disorders; 
(2) Perfonnance evaluations and personal references submitted in confidence; 
(3) Information pettaining 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 disciplinaty 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 
overturns or removes disciplinaty 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 
COMMITTEE AMENDMENT 
COMMITIEE AMENDMENT "4' to H.P. 848, L.D. 1216 
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 longeF 
confidential 120 days a.fteF a wdtten request for the decision is made to the 
employer if the until a final written decision of the neutral arbitrator is fl:et issued 
and released before the expiration of the 120 days; and 
Sec. 3. 30-A MRSA §2702, sub-§1, ~' as amended by PL 1997, c. 770, §3, is 
further amended to read: 
B. 
Municipal records pertaining to an identifiable employee and containing the 
following: 
(1) 
Medical information of any kind, including infmmation pertaining to 
diagnosis or treatment of mental or emotional disorders; 
(2) Performance evaluations and personal references submitted in confidence; 
(3) Information pettaining to the creditw01thiness of a named employee; 
(4) Infotmation pe1taining 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 overtums 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 rep01t, 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. 
COMMITTEE AMENDMENT 
~~ 
<t-0 
COMMITIEE AMENDMENT"A"to H.P. 848, L.D. 1216 
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 until a final written decision of the neutral arbitrator is net issued 
and released before the e1(piration of the 120 days; and' 
SUMMARY 
This amendment is the majority repott of the Joint Standing Committee on Judiciary. 
The bill addresses confidentiality of disciplinary actions appealed to arbitration affecting 
state employees. 
The amendment extends the same confidentiality to county and 
municipal employees. 
Disciplinary actions concerning state, county and municipal 
employees remain confidential if an action is appealed to arbitration until the arbitration 
decision is final and released. 
COMMITTEE AMENDMENT