Reporters’ access law successes keep public informed

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.

BRUNSWICK – Invoking Maine’s Freedom of Access Act does not always result in a court battle or a judicial decision on the arcane intricacies of privacy rights. Often, the law is not the story, but rather the tool to get a good story.

Below are three local examples of successes. But as news organizations observe Sunshine Week, there are additional battles waiting to be fought, and many public officials don’t fully understand the scope of the state law.

Within the past year, a superintendent told a Times Record reporter, “A document becomes public when I say it’s public.”

. In February, burst pipes closed the Philip W. Sugg Middle School in Lisbon. School officials announced that school would be closed for two weeks, but no other information was provided. A hazardous-materials removal team was observed at the school.

When the superintendent failed to respond to repeated inquiries, The Times Record used the Freedom of Access Act to request all public documents related to damage, costs, safety hazards and insurance status surrounding the incident. The request served as a reminder that residents had a right to be informed about matters that affect public education, safety and finances.

The superintendent then talked to a reporter, who wrote a story describing the condition of the school, status of insurance claims and extent of damage and repairs. The superintendent also provided full access to the requested documents.

. Brunswick has spent years debating how to meet its growing fire and emergency medical response needs. Options ranged from building a major downtown public safety facility to constructing a number of smaller substations.

A key factor was fire and ambulance response times. Proponents of various scenarios had compiled data to support their positions, leading to contradictory reports.

The newspaper used the Freedom of Access Act to request the fire department’s incident reports, which included response times, to complete its own analysis of the data. That request spurred the town to conduct a similar study, which municipal officials used as a basis for developing a strategy to meet the town’s fire and EMS needs.

. A Brunswick police lieutenant was suspended for 30 days. Citing laws that shield personnel matters from public scrutiny, town officials refused to divulge information about the circumstances that led to the suspension. Yet some townspeople knew about the incident and were concerned about its implications.

The newspaper used a series of Freedom of Access requests to find out how much the town had spent on legal fees, who attended the disciplinary hearing and matters related to the lieutenant’s actions while he was on duty.

With that information, the reporter was able to piece together events that led to the suspension and to write a story.

Robert Long is city editor of The Times Record in Brunswick.