Each citizen of this country has the unalienable right to access government. That right is made manifest through the law. Exercising that right then must be with respect to the law and so the following recommended procedures have been developed. They are not be considered as legal advise.

There are basically two different methods of access; either by attendance at a meeting or through a document. Each must be discussed separately, both in terms of making the request known and what to do when you are refused access.

MEETINGS
Attendance of a meeting as a means to access government seems quite straight forward until that meeting is no longer made public. The public may be barred from meetings by the governmental agency by either invoking executive session or by failing to provide notice of the meeting.

Maine law is clear as to the manner in which executive sessions may be called. A motion to go into executive session shall indicate the precise nature of the business of the executive session and no other matters may be considered in that particular executive session. Official actions in an executive session are illegal, may be void and subject to penalties if sought by the state. Executive sessions may be called only by a public, recorded vote of 3/5 of the members, present and voting. Make careful note of precisely what was said by all parties during this pivotal moment as it may serve as important evidence should later the matter be heard in court.

Maine law is also clear as to what types of deliberations shall be permitted during an executive session. In order to recognize what isn't permitted, you should familiarize yourself with what is permitted by studying Title 1, Chapter 13, § 405. Executive sessions

If you recognize at the time when the motion is made, that the motion may fail to comply with the law, you should object immediately and offer the grounds for your objection. If you are a reporter, The MAINE GOVERNMENT-ACCESS pocket guide will be of some use (reporters pocketguide.pdf). If you are not a reporter, this modified version of the same guide will also be helpful (citizens pocketguide.pdf).

Maine law is less clear regarding being barred from a meeting by the government agency failing to provide proper notice. § 406 simply states that notice shall be given and given in ample time to allow public attendance and shall be disseminated in a manner reasonably calculated to notify the general public in the jurisdiction served by the body or agency concerned. The specific means for notice in every situation are not specified by the law. Regardless of how the notice was given, this is also another item for you to make careful note of as it may serve as important evidence should later the matter be heard in court.

If you have been unjustly denied access to a meeting, you should contact an attorney that practices in this area of the law. Upon reviewing the elements surrounding the denial, your attorney might suggest requesting the record of the meeting before filing an appeal. You are also asked to consider filing an Access Violation report with the MFOIC to help us track violations.

RECORDS
Except as otherwise provided by statute, every person shall have the right to inspect and copy any public record during the regular business hours of the custodian or location of such record; provided that, whenever inspection cannot be accomplished without translation of mechanical or electronic data compilations into some other form, the person desiring inspection may be required to pay the State in advance the cost of translation and both translation and inspection may be scheduled to occur at such time as will not delay or inconvenience the regular activities of the agency or official having custody of the record sought and provided further that the cost of copying any public record to comply with this section (§ 408) shall be paid by the person requesting the copy. The exceptions are listed in § 402. Definitions, 3. Public records.

If you have expectations that the agency will NOT comply and will deny you access to the records, then you may wish contact an attorney that practices in this area of the law before proceeding to submit a written request. The reason being the narrow window established for appeal under § 409.

If you have expectations or are unsure that the agency will comply and allow you access to the records, then you may wish to make that request on your own in writing without the benefit of an attorney. The MFOIC has developed an online Sample Letter Generator for your use with instructions. If the agency fails to respond within 5 working days or otherwise denies you access subsequent to your request, chances are you will be unable to file an appeal in Superior Court within the next 5 working days. If you feel that you have been unjustly denied access to the records, you should contact an attorney that practices in this area of the law. That way, the next time you make such a request and are denied, you and your attorney can be prepared to file an appeal in Superior Court. You are also asked to consider filing an Access Violation report with the MFOIC to help us track violations.