An Act Related to Public Access of Records of Certain Disciplinary
Maine Legislature, Session 132, LD 1484
Committee: Judiciary
Sponsors: BISHOP, HAGGAN
Amends: 5 MRSA §7070, 30-A MRSA §503, 30-A MRSA §2702

Legislative Document
No. 1484
H.P. 975
House of Representatives, April 3, 2025
An Act Related to Public Access of Records of Certain Disciplinary 
Actions of Public Employees
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative BISHOP of Bucksport.
Cosponsored by Senator HAGGAN of Penobscot and
Representatives: CHAPMAN of Auburn, HENDERSON of Rumford, SCHMERSAL-
BURGESS of Mexico, WHITE of Ellsworth, Senator: MARTIN of Oxford.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA §7070, sub-§2, ¶E, as amended by PL 2023, c. 615, §2, is further 
amended to read:
E.  Except as provided in paragraph F and section 7070‑A, 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, and that disciplinary action is of a nature that imposes or results in a 
financial disadvantage, including, but not limited to, termination, demotion or 
suspension without pay, 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 paragraph, "final written decision" means:
(1)  The final written administrative decision that is not appealed pursuant to a 
grievance arbitration procedure; or
(2)  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
Sec. 2.  30-A MRSA §503, sub-§1, ¶B, as amended by PL 2023, c. 159, §2, is 
further amended by amending subparagraph (5) to read:
(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, and that disciplinary action is 
of a nature that imposes or results in a financial disadvantage, including, but not 
limited to, termination, demotion or suspension without pay, 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
Sec. 3.  30-A MRSA §2702, sub-§1, ¶B, as amended by PL 2019, c. 451, §3, is 
further amended by amending subparagraph (5) to read:
(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, and that disciplinary action is 
of a nature that imposes or results in a financial disadvantage, including, but not 
limited to, termination, demotion or suspension without pay, 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
SUMMARY
This bill modifies provisions of law related to the confidentiality of certain employee 
records. Under current law, if disciplinary action is taken against a state, county or 
municipal employee, the final written decision associated with the disciplinary action is not 
confidential. Under the bill, only disciplinary actions that are of a nature that impose or 
result in a financial disadvantage, including, but not limited to, termination, demotion or 
suspension without pay, may become public.