One of the biggest problems with freedom of information laws is that people, both government officials and citizens seeking documents, often don’t know what the laws entail. Maine has taken many steps to remedy this by clarifying and centralizing its information laws and educating public officials about what they require.

Access proponents would further this progress by creating an access ombudsman in the Attorney General’s Office. Although the AG supports such a position to oversee all information requests, it is not likely to be included in the state budget and probably isn’t necessary. Creating an access advisory committee to review any future law changes that would affect FOA provisions would be a good interim step.

Maine’s Freedom of Access law was not of much concern beyond journalists until an “audit” of the law’s performance was done two years ago. Organized by the Maine Freedom of Information Coalition, the November 2002 review had more than 100 volunteers going to 310 offices throughout the state to request access to documents that are public under Maine statute. The results were mixed with the requesters often asked for identification, asked where they worked and why they wanted the information, although none of this is required under the access law. About a third of the requests to police and school departments were denied. Requests to municipal offices were more likely to be granted, although the amount of information available varied widely, likely due to the size of the town.

Since then, police and other groups stepped up training on the access law. In addition, a law was passed requiring that any new exemptions to the FOA act be reviewed by the Legis-lature’s Judiciary Committee, which would recommend whether they should go forward. The first test of this provision came this winter with a bill that would have declared all information gathered by the Maine Gambling Control Board to remain confidential. After the Judiciary Committee reviewed LD 90, some of the privacy exemptions were removed.

Another bill, LD 301, would help with the review process. It would create a Freedom of Access Advisory Committee, made up of municipal officials, law enforcement personnel, media members and others, which would review proposed new exemptions. The committee would also monitor the public’s ability to access public proceedings and records and advise lawmakers when changes needed to be made. This committee’s work would make an ombudsman devoted to access issues unnecessary.

With recent changes, Maine’s Freedom of Access law works well. Continued oversight will ensure this continues to be true.