An Act To Amend the Law To Protect the Confidentiality of State and Local Government Employees' Private Information
Maine Legislature, Session 129, LD 1790
Committee: Judiciary
Sponsors: McCREIGHT, JACKSON, COOPER, HANINGTON, SCHNECK, CYRWAY
Amends: 5 MRSA §7070, 30-A MRSA §503, 30-A MRSA §2702

Legislative Document
No. 1790
H.P. 1272
House of Representatives, May 29, 2019
An Act To Amend the Law To Protect the Confidentiality of State 
and 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 President JACKSON of Aroostook and
Representatives: COOPER of Yarmouth, HANINGTON of Lincoln, SCHNECK of Bangor, 
Senator: CYRWAY of Kennebec.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA §7070, sub-§2, ¶D-1, as amended by PL 2007, c. 597, §6, is 
further 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 1, 
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 certain personal information not otherwise protected by law is 
allowed; and
Sec. 2.  30-A MRSA §503, sub-§1, ¶B, 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)  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. 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, 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
(i) Social security number; and
Sec. 3.  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, 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
(i) Social security number; and
C.  Other information to which access by the general public is prohibited by law.
SUMMARY
This bill amends the law governing the confidentiality of personal information of 
municipal employees to parallel the same protections provided for state employees and 
establishes as confidential any genetic information and information about the sexual 
orientation of employees contained in the records of the municipality.  This bill also 
amends the state employee personnel records provisions to include confidentiality of 
genetic information and sexual orientation and amends the laws governing county and 
municipal employee personnel records to match.