MMA questioned on house purchase

CASTINE – A local citizens group has filed a request for information from Maine Maritime Academy under the Maine Freedom of Access law, seeking to shed light on the college’s decision to purchase a historic home recently and its plans for future growth and development at the campus.

The request from the Castine Citizens Action Group, which was made in a letter from Portland attorney Kimberly Cook, who represents the group, reflects growing unrest in town regarding the purchase of the property, which is outside the town’s institutional zone, and concerns about what many fear may be plans by MMA to expand both enrollment and facilities at the college without discussing those plans with the town.

There are many supporters of the academy among the group’s members, according to Chairman Michael Coughlin, but many are concerned about the way the academy is being run.

“There has been a lack of transparency and openness in the government of the academy,” Coughlin said. “There is no oversight or accountability there.”

The group has asked to inspect a large number of MMA documents related to issues at the college, including the purchase of the Abbott House, plans for development and expansion of facilities and improvements made to the president’s residence.

Richard Ericson, MMA vice president for finance, administration and governmental affairs, said Friday he has sent a preliminary response asking that the group refine the request to make it more manageable.

Cook said she has not yet received the academy’s response.

“We look forward to receiving the preliminary response from the academy,” she said Friday, “and we are willing to work with the academy to help focus that request so that we receive the information we’re looking for and to help them to comply with our request.”

The group is seeking access to documents and other records related to the Abbott House and the deliberations by academy officials leading up to the decision to purchase it.

“There’s no record of the vote by the board, what they said, who voted for or against it or how they made the decision,” Coughlin said. “It sounds like they don’t have a record of having made the vote.”

The unofficial minutes of the board meeting in August, which have been posted on the MMA Web site, included no reference to the Abbott House. According to previous reports, at the time of the purchase, President Leonard Tyler said the decision had been made in executive session.

Although the trustees did go into executive session during their August meeting, the motion to enter into executive session dealt only with a student disciplinary matter and a staff contractual matter, according to the minutes.

Ericson pointed out that Maine’s Freedom of Access law permits executive session discussion regarding the acquisition and use of real property and confirmed that such discussion did take place at the August meeting.

“We presented it as an idea to the trustees, and they thought it was a good idea,” he said. “They instructed us to make an offer.”

Very often, he said, the board will delegate authorization to act to the administration. That occurs in contract negotiations and other issues, he said. The administration handles the details and at some point the board ratifies the actions of the administration.

The state’s Freedom of Access law does allow discussion of the acquisition of property in executive session, but only if “premature disclosure of the information would prejudice the competitive or bargaining position of the body or agency.” The law also requires that there first be a motion to go into executive session and that the motion indicate the precise nature of the business of that executive session. The law also prohibits discussion of matters not included in an executive session motion.

Although the college is willing to provide documents regarding the purchase of the property, Ericson said they will first discuss the issue with the state Attorney General’s Office, which is representing MMA in pending litigation surrounding the Abbott House issue.

The town of Castine is seeking a declaratory judgment from the courts regarding the use of the Abbott House by the academy. The property lies outside the town’s institutional district in a village district, and town officials argue that use of the Abbott House by the college would violate the local land use ordinance, which prohibits institutional uses within the village district.

“Some of the information requested is related to pending litigation,” Ericson said. “We’ve asked their [the AG’s office] opinion on whether some of that information might be privileged before we release it.”

Much of the other requested information relates to concerns that the college plans to expand its enrollment and facilities in Castine. Those types of decisions, Coughlin said, could affect the character and infrastructure of the town, and many believe townspeople should be involved in discussions concerning those types of decisions.

The request, according to Ericson, is problematic, since the college has examined a large number of campus projects over the years. He said he has asked the group to narrow the range of its request in order to make it more manageable for the college to respond.

MMA has received several other requests for information under the Freedom of Access law, most of them from individuals. Ericson declined to identify the individuals that had made the requests but said they had asked for information regarding executive salaries, general financial information about the academy, the president’s travel expenses and costs related to visits to the college.

Ericson said the academy has provided information in response to all those requests.