LD 301
pg. 6
Page 5 of 7 An Act To Implement the Recommendations of the Committee To Study Compliance wi... Page 7 of 7
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LR 113
Item 1

 
 
SUMMARY

 
This is a unanimous recommendation of the Committee to Study
Compliance with Maine's Freedom of Access Laws. It establishes
the Freedom of Access Advisory Committee to maintain the
integrity of Maine's freedom of access laws. The committee's
duties include providing oversight of the review of exceptions to
public records and ensuring that the schedule for review is
maintained, that proposed exceptions are subject to the review
process and that the criteria for review are appropriately
applied. The committee shall also review the public's ability to
access public proceedings and records, receive information from
the Public Access Ombudsman concerning complaints about lack of
access and frivolous requests for access, make recommendations
for changes in law and practice that are appropriate to maintain
the integrity of Maine's freedom of access laws and the
underlying principles and advise the Legislature when legislation
affecting public access is considered.

 
The committee may conduct public hearings, conferences,
workshops and other meetings to obtain information about,
discuss, publicize the needs of and consider solutions to
problems concerning access to public proceedings and records and
may also submit legislation to the Legislature at the start of
each legislative session. The Office of Policy and Legal
Analysis shall provide staff support to the committee, and
annually by January 15th the committee shall report to the
Governor, the Legislative Council and the Chief Justice of the
Supreme Judicial Court about the state of Maine's freedom of
access laws and the public's access to public proceedings and
records.

 
The bill establishes the Public Access Ombudsman within the
Department of the Attorney General. The ombudsman provides
information and educational materials to the public and public
agencies and officials. The ombudsman will respond to inquiries,
resolve freedom of access complaints when possible and issue
guidelines concerning Maine's freedom of access laws. The
ombudsman will work with the Freedom of Access Advisory Committee
to provide interpretive and educational materials and programs.
The ombudsman will make recommendations to the Legislature and
the Freedom of Access Advisory Committee concerning ways to
improve public access to public records and public proceedings.

 
The ombudsman may request the assistance of any public agency
or official in carrying out these responsibilities. Public
agencies and officials shall cooperate with and provide
assistance to the ombudsman.


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