Not following the FOAA
Dear Editor:
The April 17 edition of the Register included this headline: “directors say emergency meeting without notification was legal based on bylaws.” The story was about the Boothbay Region Refuse Disposal District.
However, Maine state law regarding meeting notifications by public entities is very clear. The right to know law, called the Maine Freedom of Access Act (FOAA) requires that notice must be given “for all public proceedings, in ample time to allow public attendance; and disseminated in a manner reasonably calculated to notify the general public in the area where the public proceeding will be held.”
The notice requirements for an “emergency” meeting under FOAA are as follows:
“Notice requirement is still needed.
“Notice must be provided to the local media, whenever practicable; and
“The notice must include the time, location, and be provided by same – or faster – means used to notify the members of the public body or agency hosting the public proceeding (1 M.R.S. § 403.)
Clearly state law takes precedence over the bylaws of a public entity. Notice should have been given as the state law requires.
Training sessions on the provisions of FOAA are not only available through the Maine Municipal Association, they are also required by law for public officials. More information is available in the Citizens Guide to FOAA, or by contacting the Public Access Ombudsman at 207-626-8577 at the Maine Attorney General’s office.
Paula Gibbs McKenney
Woolwich