Officials review access rules
BY MEGHAN V. MALLOY
Staff Writer
Kennebec Journal & Morning Sentinel 05/26/2008

AUGUSTA -- All elected officials in the state -- from Gov. John Baldacci to school board members -- now must certify that they have reviewed and been tested on Maine's Freedom of Access Act.

The provision, signed into law April 7, asks all elected officials to uphold the state's open-records law, which gives individuals in Maine access to public records and open meetings.

This is the first year elected officials are being required to undergo the training, according to the Office of Policy and Legal Analysis.

The training and certification begins July 1 and must be completed by Nov. 1.

The requirement is important for state taxpayers, too, according to Rep. Deborah Simpson, D-Auburn, who serves on the Freedom of Access Act's Right to Know Advisory Committee and is House chairwoman of the Judiciary Committee.

"It's a fundamental of democracy," Simpson said of open records and meetings. "If you're representing somebody, they deserve to know what it is you're doing."

The Right to Know Advisory Committee is a permanent council established in 2005 exclusively to advise the public and serve as a source of information about access to public information.

In Kennebec County, elected officials including Sheriff Randall Liberty and the three county commissioners will take an online tutorial to be certified, Kennebec County Administrator Robert Devlin said.

"I don't think we've had any problems when it comes to (releasing public records) -- and items that aren't public are so limited as it is," Devlin said.

He said elected officials under his jurisdiction take the certification seriously.

"It's important that everyone understands the intent of the law so we have a transparent government," Devlin said.

Not every meeting of record is up for grabs, however.

Very often, sheriffs and police departments will withhold information about ongoing investigations, particularly if a suspect has not been charged or a victim's family has not been notified.

Officials also are bound by law to keep private the medical conditions of inmates and others.

In municipalities and county offices, staff will also keep private personnel records, usually regarding circumstances if an employee was dismissed.

Simpson said the Right to Know Advisory Committee believes the requirement to test and certify will "reinforce" the open law policies that elected officials already know as well as keep public servants updated on changes as open record and meeting laws evolve.

"I think this will reinforce something you know intuitively, but may not always pay attention to," Simpson said. "We do this to work on behalf of the people of Maine."

Meghan V. Malloy -- 623-3811,

Ext. 431

mmalloy@centralmaine.com

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