Freedom of Access Act | Boothbay Harbor Sewer District

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Q: What is the Freedom of Access Act?

A: The Freedom of Access Act (FOAA) is a state statute that is intended to open the government of Maine by guaranteeing access to the "public records" and "public proceedings" of state and local government bodies and agencies.

Q: Are federal agencies covered by the Freedom of Access Act?

A: No. The FOAA does not apply to federal agencies operating in Maine or to federal government records. A similar but different federal statute called the Freedom of Information Act (FOIA) applies to the federal government. This federal statute does not apply to state or local government bodies, agencies or officials.
For more general information on the Freedom of Information Act go to: FOIA.gov - Freedom of Information Act

Q: Who enforces the Freedom of Access Act?

A: Any aggrieved person may appeal to any Superior Court in the state to seek relief for an alleged violation of the FOAA. 1 M.R.S. § 409(1)
Relief can be in the form of an order issued by the court that directs the government body, agency or official to comply with the law, such as by providing access to a public proceeding or by making public records available for inspection or copying.
In addition, the Office of the Attorney General or the District Attorneys may bring an enforcement action seeking penalties if the alleged violation is willful. 1 M.R.S. § 410

Q: What are the penalties for failure to comply with the Freedom of Access Act?

A: A state government agency or local government entity whose officer or employee commits a willful violation of the FOAA commits a civil violation for which a forfeiture of not more than $500 may be adjudged. 1 M.R.S. § 410 Under the current law, there are no criminal penalties for failure to comply with a request for public records. It is a Class D crime to intentionally remove, alter, or destroy documents belonging to a state office. 1 M.R.S. § 452

Q: What is the Public Access Ombudsman?

A: The Legislature created a public access ombudsman position to review complaints about compliance with the FOAA and attempt to mediate their resolution, as well as answer calls from the public, media, public agencies and officials about the requirements of the law. The ombudsman is also responsible for providing educational materials about the law and preparing advisory opinions. The ombudsman works closely with the Right to Know Advisory Committee in monitoring new developments and considering improvements to the law.

Q: How do I contact the Public Access Ombudsman?

A: Call the Office of the Attorney General at (207) 626-8577 or get more information online at: Your Right to Know: Maine's Freedom of Access Act

Q: Are elected officials required to take training on the Freedom of Access Act?

A: Yes. All elected officials subject to this section and public access officers must complete a course of training on the requirements of the FOAA. 1 M.R.S. § 412

Q: Which elected officials are required to take Freedom of Access training?

A: Elected officials required to complete the training include:

the Governor
Attorney General, Secretary of State, Treasurer of State and State Auditor
Legislators
Commissioners, treasurers, district attorneys, sheriffs, registers of deeds, registers of probate and budget committee members of any county
Municipal officers, clerks, treasurers, assessors and budget committee members of municipal governments
Officials of school administrative units
Officials of regional or other political subdivisions, including officials of water districts, sanitary districts, hospital districts, transit districts or regional transportation districts
Public access officers.

Q: What is a public access officer?

A: A public access officer must be designated to serve as the contact person for an agency, county, municipality, school administrative unit and regional or other political subdivision for public records requests. An existing employee is designated public access officer and is responsible for ensuring that public record requests are acknowledged within five working days of receiving the request and that a good faith estimate of when the response to the request will be complete is provided.

Q: What does the training include?

A: At a minimum, the training must be designed to be completed in less than 2 hours and include instruction in:

the general legal requirements regarding public records and public proceedings
the procedures and requirements regarding complying with a request for a public record
the penalties and other consequences for failure to comply with the law

Elected officials and public access officers can meet the training requirement by conducting a thorough review of the material in this FAQ section of the State's Freedom of Access website or by completing another training course that includes all off this information but may include additional information.

Q: Do training courses need to by certified by the Right to Know Advisory Committee?

A: No. Training courses do not need the approval of the Right to Know Advisory Committee, or any other State agency.

Q: How do elected officials and public access officers certify they have completed the training?

A: After completing the training, elected officials and public access officers are required to make a written or electronic record attesting that the training has been completed. The record, which will be available to the public, must be kept by the elected official or filed with the public entity to which the official was elected. A public access officer must file the record with the agency or official that designated the public access officer. A sample training completion form is available (PDF) (This file requires the free Adobe Reader).

http://www.maine.gov/foaa/faq/