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For Release 8-27-10 Contacts: Mal Leary, President MFOIC mal@mainecapitolnews.com; 621-0702 Judy Meyer, Vice President MFOIC jmeyer@sunjournal.com; 689-2902 (AUGUSTA) The Maine Freedom of Information Coalition is challenging all candidates for Governor and the Maine Senate and House of Representatives to sign the Coalition's pledge to support open government and public access. "The MFOIC believes that freedom of speech, open meetings of government and access to public records are fundamental tenets of democracy," said MFOIC President Mal Leary. The MFOIC mailed pledge forms to each candidate and will post the names of all candidates who signed the pledge on its website, www.mfoic.org "We elect lawmakers to represent our interests, and it's important to hold them accountable and ensure we are all included in the business of government," said Judith Meyer, Vice President of the MFOIC. When Maine's Freedom of Access Act became law in 1959, the Legislature found and declared that "public proceedings exist to aid in the conduct of the people’s business. It is the intent of the Legislature that their actions be taken openly and that the records of their actions be open to public inspection and their deliberations be conducted openly." However, since that first measure became law; state lawmakers have enacted hundreds of exceptions to the law. The Maine Freedom of Information Coalition believes that government best serves the public when it operates in the most open manner possible. Our members, which include media organizations, lawyers, academicians, public-policy groups and like-minded individuals, strive to ensure that the public is informed about government actions to the fullest extent possible. The MFOIC will continue to update its website through Election Day and urges Mainers to take the time to see if their local candidates have signed the open government pledge. -30-
Maine FOI Coalition celebrates 10th anniversary with DVD By Judith Meyer, managing editor/days Mar 21, 2010 The Maine Freedom of Information Coalition is 10 years old, celebrating a decade of promoting and protecting the public’s right to know in In that time, and through the work and support of the MFOIC, Mainers have gained from strengthened right to know safeguards, including a first-in-the-nation review of all existing exceptions that shield certain records in In the past decade, FOAA has also been strengthened to allow inspection of public records in a reasonable amount of time following a request for access, require all police departments appoint a public information officer who is trained in public access law, and require that any motion made to go into executive session include the specific statute under which the body moves to executive session. This guarantees we have a clear understanding of the topic to be discussed behind closed doors, and the information someone may need to challenge such a session. It also requires elected officials to have a basic understanding of executive-session law. The MFOIC also supported the change in law to require elected officials to undergo basic public-access training, and helped educate officials through a series of training sessions at the local and county levels. According to MFOIC President Mal Leary, “We have come a long way since a few of us got together to talk about the need for a group to advocate for open government. But, we have a lot to do. We face challenges with the constantly changing technology that has both helped with public access through Web sites, and caused concerns with negotiations carried on by government officials through text messages between Blackberries. We must stay vigilant to protect the public’s right to know.” MFOIC retains a permanent seat on the recently-created legislative Right to Know Advisory Committee, and has supported the creation of a public-access ombudsman, an idea that has been presented to the Legislature a number of times, but failed for lack of funding. These ombudsman positions have proved so successful in other states that During the last legislative session, MFOIC supported a bill sponsored by Sen. David Hastings (R-Fryeburg) to allow Mainers to recover attorney’s fees in FOAA cases where they have proved they were unlawfully denied access to public records or meetings. Members of the MFOIC pledge to continue working toward a requirement that all government bodies are required to keep minutes of public meetings, and will challenge any move to create new confidentiality exceptions in law, believing that the public’s business must be conducted in open to ensure accountability and preserve the public trust. Formed in 2000, MFOIC is a nonprofit broad-based affiliation of media, public interest, academic, government and private organizations that share an interest in protecting access to public information. In 2002, the Coalition conducted the first statewide public records audit in Maine, uncovering significant violations in town offices, school departments and police departments where volunteers asked to inspect public documents. The results of that audit were so dismal, the Legislature formed a committee to review FOAA compliance in That audit also provided the momentum to require FOAA training for police. MFOIC followed its 2002 audit with another in 2006, and recognized great improvement throughout local government, but with some obvious need for more training. This data encouraged the Legislature to require FOAA training for all elected officials. In 2007, MFOIC surveyed 126 quasi-government agencies, including the Maine Turnpike Authority, Baxter State Park Authority and the Maine Humanities Council, to see if they had adopted ethics policies, as recommended by Gov. John Baldacci. Of the agencies surveyed, only 45 percent had these policies, but since the MFOIC survey nearly all of the agencies have complied with the governor’s request. The need to formalize ethics policies came to light over the public outrage when Maine Turnpike Authority managers and three of their chief engineering consultants accepted the gift of a $1,342 dinner paid by a MFOIC has routinely asked candidates for public office to sign a pledge to support government transparency; the last time was in 2008 when fewer than half of the candidates agreed to sign such a pledge. Most recently, the Coalition has produced a DVD titled "Accessing Government Information in Maine," a short tutorial to help guide the public through Maine’s FOAA and help Mainers understand how to get access to public records and attend public meetings. The DVD, produced through a grant from the National Freedom of Information Coalition and narrated by former Gov. Angus King, have been distributed to every public library in the state, including high school libraries. Through a series of skits, scripted from real-life situations, the DVD explains how the law applies to public records and meetings in town offices, schools and police departments, including suggestions about how to handle situations when someone believes they have been denied access to a public record or meeting, and also pointing out some situations where records are confidential by law. The text of the pledge for transparency, along with the DVD, reports of the public records audits and ethics policy survey are available on the MFOIC Web site, mfoic.org. Judith Meyer, a managing editor at the Sun Journal, is vice president of the
For Immediate Release March 16, 2010 Contact : Mal Leary, President MFOIC 621-0702mal@mainecapitolnews.com ( “Senator Hastings has been the go-to member of the legislature’s Judiciary Committee as they review proposed exceptions to the state’s public records and open meetings laws,” said Mal Leary, President of the MFOIC. “He has kept the committee on track as they review proposals to make sure exceptions are as narrowly crafted as possible and that the public’s right to know is protected.” The award was presented to In addition to his work on the Judiciary Committee implementing the review process, the MFOIC cited the legislation Hastings sponsored and successfully got enacted into law that allows a judge to award legal fees in cases where government agencies are found to deliberately violate the state right to know laws. “As an attorney, Sen. Hastings understands how reluctant some people can be to assert their rights because they cannot afford the legal costs associated with a civil case,” said MFOIC Vice President Judy Meyer. “His diligence in pursuing some financial relief for people who have been denied access to public records or meetings provides a fair and meaningful process for Mainers to assert their right to know.” The MFOIC Sunshine Award is intended to honor citizens, journalists, media organizations, or community groups that have, during the past year, championed, protected, and promoted public access to government meetings, public records, and court proceedings, or otherwise promoted the public's right to know and to publish, broadcast, and speak freely about issues of public concern. March 14-20 is national Freedom of Information Week. By proclamation of Gov. John Baldacci, it is also Sunshine Week in the State of The nationwide observance of FOI Day on March 16 commemorates the birth date of President James Madison, a st The Maine Freedom of Information Coalition is a nonprofit 501(c)(3) corporation representing individuals and organizations committed to open access to public information in print, elect -30-
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| E-mail offers a glimpse of council tension , Sunday, June 29, 2008 LEWISTON - The tension between Mayor Larry Gilbert and Lewiston city councilors came to a head on Feb. 5. full story http://www.sunjournal.com/story/272296-3/LewistonAuburn/Email_offers_a_glimpse_of_council_tension/ |
Falmouth policy bans e-discussions
,
Sunday, June 29, 2008
FALMOUTH - The town council, grappling with the volume and content of e-mails by and between councilors, drafted what is considered to be Maine's first council e-mail use policy.
The policy, unanimously enacted in November, was crafted after the town received a freedom of information request from the Forecaster newspapers for access to council members' e-mail communications, many of which were stored on personal e-mail accounts, according to Council Chairwoman Cathy Breem.
full story http://www.sunjournal.com/story/272297-3/LewistonAuburn/Falmouth_policy_bans_ediscussions/
FOAA and e-mail
more comments http://www.sunjournal.com/story/272299-3/LewistonAuburn/FOAA_and_email/
You win some, you loose some : Law Court Rejects Moore FOAA Appeal, Reaffirms Importance of Freedom of Access
MCLU News Release
June 17, 2008
PORTLAND - In a sharply divided 3-2 decision today, the Maine Law Court rejected an appeal by Author James Moore who was seeking public disclosure of the records of an advisory group created by Maine's Attorney General. The MCLU filed an amicus curiae brief in the case in support of Mr. Moore. The advisory group at issue was comprised of a former judge and two prominent Maine attorneys. They claimed that that the group was private and was not a government entity. Therefore, they argued, the notes and records of its investigation into possible prosecutorial misconduct were not subject to disclosure under Maine's Freedom of Access Act. The Law Court agreed, while nonetheless affirming that disclosure is appropriate for entities performing the "functional equivalent" of government work.
"The Law Court today reminded us of the important role that public access plays in the operation of democracy," said MCLU Legal Director Zachary Heiden. "We are disappointed that the Court refused to order disclosure in this case, but both the Majority and the Dissenters agreed that public disclosure is appropriate when private individuals act as the functional equivalent of the government."
Justice Donald Alexander authored the majority opinion for the Court, joined by Justices Warren Silver and Ellen Gorman. They concluded that in this case, the taskforce was not the functional equivalent of the government, in part because it was constituted by the Attorney General rather than the legislature and because its members were not paid.
Justice Jon Levy dissented, joined by Justice Andrew Mead. He noted that the Legislature has directed that the Freedom of Access Act "shall be liberally construed and applied to promote its underlying purposes and policies" and that "Numerous boards, commissions, and committees of this State receive no financial compensation for their public service but may be subject to the Freedom of Access Act."
"Broad public access to the workings of government is one of the most important safeguards to ensure honesty and efficiency," said MCLU Cooperating Attorney Sigmund Schutz, a partner with the law firm of Preti, Flaherty, Belliveau & Pachios. "The legislature has provided for such access with Maine's Freedom of Access Act, and we will continue to argue that the statute should be interpreted expansively, and exceptions narrowly."
The MCLU's amicus curiae brief arguing in favor of full disclosure of the records was supported by the Maine Press Association and the Maine Freedom of Information Coalition.
STATE OF MAINE
RIGHT TO KNOW ADVISORY COMMITTEE
HON. BARRY J. HOBBINS - CHAIR, HON. DEBORAH L. SIMPSON,
SHENNA BELLOWS, KARLA BLACK, ROBERT DEVLIN
MARK DION, RICHARD FLEWELLING, JAMES T. GLESSNER,
SUZANNE GOUCHER,MAL LEARY,JUDY MEYER,MAUREEN O’BRIEN
LINDA PISTNER,HARRY PRINGLE,CHRIS SPRUCE
NEWS RELEASE
For Immediate Release
For more information contact:
Senator Barry Hobbins Judy Meyer
Chair Education and Training Subcommittee
207-282-5985 207-689-2902
bhobbins@hggm.net jmeyer@sunjournal.com
New Law Requires Elected Officials to Get Training on Maine’s Freedom of Access Laws
Beginning July 1, 2008, certain elected state and local officials must complete training on the requirements of Maine’s Freedom of Access laws relating to public records and proceedings. The law, enacted upon the recommendation of the Right to Know Advisory Committee, requires that those elected officials serving in office on July 1, 2008 must complete the training by November 1st. Public officials elected after July 1st must complete the training within 120 days after the official takes the oath of office.
“Our elected officials are conducting the people’s business and our citizens have the right to expect transparency of public records and public proceedings,” said Senator Barry Hobbins, chair of the Right to Know Advisory Committee. “The way to ensure transparency is to make sure elected officials understand their obligations under the Freedom of Access laws.”
Elected officials can meet the training requirement by reviewing the Frequently Asked Questions section on the State’s Freedom of Access website or by completing a training course that includes instruction on the general legal requirements regarding public records and public proceedings, the procedures for complying with requests for access to public records and the penalties and other consequences for failure to comply with the law. Training must be designed to be completed in less than 2 hours. Statewide associations of elected officials like the Maine Municipal Association and Maine School Management Association are expected to provide training sessions for their members in October 2008.
The following elected officials are required to complete the training:
After completing the training, elected officials are required to make a written or electronic record attesting that the training has been completed. The record, which will be available to the public, must be kept by the elected official or filed with the public entity to which the official was elected. A sample training completion form will be available on the State’s FOAA website for use by elected officials.
"The requirement that public officials undergo freedom of access training is a real opportunity for everyone to better understand the law and better respond to constituent requests for access to records and meetings," said Judy Meyer, member of the Advisory Committee and chair of the Education and Training Subcommittee. "Anything we can do to facilitate public access and create greater government accountability boosts the public good, and we all benefit."
The Right to Know Advisory Committee is an on-going advisory council with oversight authority and responsibility for a broad range of activities associated with the purposes and principles underlying Maine’s Freedom of Access laws. The Right to Know Advisory Committee was created to serve as a resource and advisor about Maine’s Freedom of Access laws to State Government and the public.
More information about the training requirement and Maine’s Freedom of Access laws can be found on the State’s Freedom of Access website atwww.maine.gov/foaa
June 4,2008
MEGHAN V. MALLOY
Staff Writer
A state senator who leads the state's open-records committee says "good progress" has been made in establishing a transparent government.
Sen. Barry Hobbins, D-Saco, chairman of the Right To Know Advisory Committee, said the 123rd Legislature was the committee's "first real venture into recommending legislation."
Legislation that passed includes items that clarify the release of state employees' public information, appoint an ombudsman and implement a law stating all elected officials must certify they are familiar with
full story - http://kennebecjournal.mainetoday.com/news/local/5104779.html
House Majority Office
For Immediate Release
March 20, 2008
Contact:Rep. Ted Koffman, 288-8930
Lori Eschholz, legislative aide, 287-1430
Travis Kennedy, communications director, 287-1433
Rep. Koffman, Sen. Rotundo honored
with inaugural Sunshine Awards
The study committee made significant positive changes to
"Working with the Maine Freedom of Information Coalition and other interests on the Freedom of Information Study Committees was one of the most rewarding experiences of my legislative career," said Koffman. He stressed the importance of maintaining access to government information for both members of the media and the general public.
Leary said Koffman and Rotundo were chosen for the awards because of their work on the committees and "their steadfast support of open government legislation through their legislative careers."The awards were given in conjunction with national Sunshine in Government Week. Gov. John Baldacci also proclaimed March 16-22 Maine Sunshine Week.
The Maine Freedom of Information Coalition was founded eight years ago by individuals and groups concerned about openness in government. Members of the Natural Resources Council of Maine, the Sportsman's Alliance of Maine, the League of Women Voters, Common Cause, the Maine Press Association, the Maine Broadcasters Association and the Maine Civil Liberties Union all came together to advocate for open government in Maine.
Remarks on the award of the 2008 MFOIC Sunshine Awards
3-20-08
By Mal Leary, President MFOIC
It's appropriate on this first day of spring that
The Maine Freedom of Information Coalition was founded eight years ago by individuals and groups concerned about openness in government, or the lack of openness. Groups as diverse as the Natural Resources Council of Maine, the Sportsman's Alliance of Maine, the League of Women Voters, Common Cause, The Maine Press Association, The Maine Broadcasters Association and the Maine Civil Liberties Union all came together with one goal: to advocate for open government in our state.
The coalition conducted a statewide public records audit in 2002, and the results were an eye opener to lawmakers. Compliance with the state public records law ranged from good, to dismal.
As a direct result of that audit, lawmakers unanimously voted to establish a legislative study commission on public access that made many suggestions to the legislature and some very important changes were made to
That panel found over 600 exceptions to the public records law, scattered through out Maine laws, many so archaic that they left lawmakers and advocates alike wondering how they ever made their way into law.
As a result of that study group's work,
It is first in the nation legislation that is being considered as a model by other open government advocates across the country.
The study group also recommended, and the legislature created, a permanent advisory committee on public records and open meetings issues, also a unique approach to safeguarding the public's right to know.
It is for their work as the co-chairs of that first study group, and their steadfast support of open government legislation through their legislative careers, that the Maine Freedom of Information Coalition is pleased to present the inaugural MFOIC sunshine awards to Sen. Peggy Rotundo of
For Immediate Release - Tuesday, March 18 2008
Contact: Senator
-- Press Release --
Right to Know Advisory Committee Makes Progress on Transparency Laws
The 16-member advisory committee serves as the central source and coordinator of information about
Commenting on the committee's work, Senator Hobbins said, "Transparency in government is one of the foremost tenets our democracy is founded on, and the work this committee is doing is important to meeting those principles."
Two bills that the Right to Know Committee are actively working on are LD 2198, An Act To Implement the Recommendations of the Right To Know Advisory Committee Concerning Training for Elected Officials, and LD 2212, An Act Concerning Public Records Exceptions.
The first bill, LD 2198, maintains the minimum requirements for training programs for elected officials contained under the Frequently Asked Questions heading on the State's Freedom of Access law website. The bill, however, requires elected official to make a record of the completion of the training and either keep it or file it with the public entity to which that official was elected. In a work session by the Judiciary Committee that followed action on the bill by the Right to Know Committee, the committee voted to support the legislative proposal.
A second bill, LD 2212 is still be worked on by the Right to Know Committee and the Judiciary Committee. Under current law, personal contact information concerning public employees is not public record. This bill clarifies that the exception also applies to personal contact information of voluntary appointees serving in State Government positions without compensation by cross-referencing the definition of "employee" in the Maine Tort Claims Act. The bill also addresses a potential conflict with this exception and the law governing state employee personnel records to clarify that personal contact information of state employees and applicants for state employment is not a public record.
The Right to Know Advisory Committee was created as a permanent advisory council with oversight authority and responsibility for a broad range of activities relating to
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Ethics code poll press release
Code of Ethics and Conduct audit
2007 annual report of Right to Know Advisory Committee: http://www.maine.gov/legis/opla/RTKRPT2006.pdf