Reforms to state’s Freedom of Access law sought

Editor’s Note: Journalism organizations are planning a nationwide campaign called Sunshine Week March 13-19 to press for public access to government documents, contending information is being withheld more often by officials who argue that post-Sept. 11, 2001, security concerns warrant keeping information secret. In addition to national stories provided by The Associated Press, Maine’s division of AP asked newspapers in the state to contribute stories on one or more interesting public access issues they have encountered.

AUGUSTA – Maine residents and media gained new ground a year ago with passage of a law that further ensures their access to government records and meetings. Now, as Sunshine Week, March 13-19, is observed in Maine and other states, advocates are seeking to build on those gains.

“I think there’s always more work to do, but at the same time great strides have been made over the last couple of years,” said Michael Mahoney, State House lobbyist for the Maine Press Association. He added that lawmakers take the concerns of the media seriously.

A bill passed last year requires public officials to cite state statutes allowing them to go into closed sessions before they meet behind closed doors.

It also allows a “reasonable” time for a town to produce a public document – no time frame at all existed in previous law – and says public bodies can charge only reasonable fees for copying documents, in response to some towns’ policies of charging huge fees as a way to skirt the intent of the law.

A provision added to help towns allows them to recoup costs of searching for information requested by the public and compiling it.

Open records advocates hope it doesn’t end there.

A legislatively created committee monitoring compliance with Maine’s public access law is back with new proposals this year. Meanwhile, the unrelated issue of casino gambling regulation has forced into play a confidentiality measure that was viewed as harmful to existing public access law.

New legislation, LD 301, seeks to create an ombudsman’s position in the state attorney general’s office to respond to freedom of access complaints and issue guidelines concerning the law.

The same bill, advanced by the public access committee, calls for compilation of a list of all exceptions to the public records law created over the years to avoid disputes over whether a request is covered by the law.

A separate proposal, LD 466, would allow courts to award attorney’s fees and litigation expenses if public documents are deliberately withheld.

A third, LD 467, would block access to information pertaining to public employees, such as their home addresses and phone numbers. The exceptions would not apply to elected officials.

Proposed revisions to Maine’s year-old law that regulates gambling at race track casinos, or racinos, posed new challenges for Maine’s access laws.

A bill backed by Bangor racino applicant Penn National Gaming Inc. and the Baldacci administration, LD 90, would have let the company keep confidential personal, criminal and other material on its application for a state license.

After an outcry by news organizations and public access advocates, the bill was reviewed by two legislative committees and revised to limit confidentiality to trade secrets and proprietary information.

It also allows Maine’s Gambling Control Board to issue reports based on confidential information in summary fashion.

But executive pay is not protected, nor is information about the company or its employees that would be available from other government sources.