This week we received a call from someone looking for information about public’s access to school board meetings. Why was she calling? She reported that she was only member of public to attend a recent meeting, and she was asked to leave. This type of action is not congruent with Maine law, which clearly requires public access.
Maine has a very strong open meeting law which we believe is both important and necessary. Meetings such as those of School Boards must be open if they are to ensure transparency and open goverment.
For more information - check out these links:
Title 1: GENERAL PROVISIONS
Chapter 13: PUBLIC RECORDS AND PROCEEDINGS HEADING: PL 1975, C. 758 (RPR)
Subchapter 1: FREEDOM OF ACCESS HEADING: PL 1975, C. 758 (RPR)
§403. Meetings to be open to public
Except as otherwise provided by statute or by section 405, all public proceedings must be open to the public, any person must be permitted to attend any public proceeding and any public record or minutes of such proceedings that are required by law must be made promptly and must be open to public inspection. [2009, c. 240, §1 (AMD).]
Tell her that they could exclude her if they call Executive Session. Executive sessions include:
· the person is present, if they desire
· the person has not requested that the hearing be conducted in open meetings
· the person who has brought any allegations against an individual is permitted to be present
Maine has a very strong open meeting law which we believe is both important and necessary. Meetings such as those of School Boards must be open if they are to ensure transparency and open goverment.
For more information - check out these links:
- Maine's Right to Know Advisory Committee reviews state laws, policies and practices to ensure fulfillment of the purposes and principles underlying Maine’s Freedom of Access laws (ACLU of MAINE's Executive Director, Shenna Bellows is a member of this Committee)
- Learn about Maine's Freedom of Access Act here
- And the statute itself here... a small portion of which is exerpted below...
Title 1: GENERAL PROVISIONS
Chapter 13: PUBLIC RECORDS AND PROCEEDINGS HEADING: PL 1975, C. 758 (RPR)
Subchapter 1: FREEDOM OF ACCESS HEADING: PL 1975, C. 758 (RPR)
§403. Meetings to be open to public
Except as otherwise provided by statute or by section 405, all public proceedings must be open to the public, any person must be permitted to attend any public proceeding and any public record or minutes of such proceedings that are required by law must be made promptly and must be open to public inspection. [2009, c. 240, §1 (AMD).]
Tell her that they could exclude her if they call Executive Session. Executive sessions include:
Executive sessions
Executive sessions may be called with a 3/5 vote of the members present. No final decision can occur within an executive session. Executive sessions can only be called for the following reasons:- discussion of employment, promotion, evauluation, discipline or resignation of an individual regarding public employment if:
· the person is present, if they desire
· the person has not requested that the hearing be conducted in open meetings
· the person who has brought any allegations against an individual is permitted to be present
- discussions of a school board considering the expulsion of a student, provided that the parents and legal counsel of the student are present.
- The purchase or sale of property
- Labor negotiations
- information that falls under the attorney-client privilege
- when discussing records exempted by the Maine Freedom of Access Act
- discussions of license examinations
- discussions of pending litigation within the district court[5]
