In early May, the Sun Journal mailed requests, under Maine’s Freedom of Access Act, to members of the Lewiston and Auburn city councils, and to the respective mayors and city administrators in the Twin Cities, for access to all e-mail correspondence by and between those parties. Below are excerpted responses from each. They have not been edited for grammar or spelling.
Lewiston
Mayor Laurent Gilbert:
180 e-mails forwarded from the mayor’s personal e-mail account to the Sun Journal on May 22; Jim Bennett sorted through 800-plus e-mails on the mayor’s city issued account, and made them available June 4 at City Hall. The mayor also provided printed copies of a select number of e-mails.
City Administrator James Bennett:
Bennett sorted through thousands of e-mails, selecting some 1,500 public documents. They were made available for review and copying on May 20 at City Hall.
Council Chairman Thomas Peters:
“As with the other council members I do not keep emails as I quickly discovered it seems like every agency in the world wants to send me something. At least they are not snail mailing the information which is saving our landfill.
“If you need something further please let me know or if the paper would like something else I will certainly entertain their requests.”
Councilor Nelson Peters:
Peters responded to the Sun Journal’s request through Jim Bennett, who said, “Based on a verbal conversation today (May 28) with Nelson, he also informs me that he deleted his email after reading it.”
Councilor Larry Poulin:
“After an extensive search for any written documents or email exchanges between your office, the mayor’s or other councilors’ I do not have any information to provide. I am in the habit of cleaning up my e-mail on a daily basis and do not have any copies for the dates requested.
“I searched for written documentation as well, but this also resulted in a negative result.”
Councilor Denis Theriault:
“Have reviewed all my files regarding the documents request including e-mail request from the Sun Journal. I have found nothing in my files that has not already been made available from your office. I delete my e-mails on a steady basis and as I have been told by staff, should I need a particular e-mail or document on a subject, that can be provided at City Hall. The only hard files I have are CCC forms Council Constituent Complaints that are in my ward. They would be the same information that Dottie maintains in her records for CCC Forms. I can make that available for them at any time.”
Councilor Tina Bailey:
“I just wanted to let you know I don’t have any e-mails from you or my fellow councilors. I delete them as soon as I read them as my computer will not allow me to save a lot of information. I don’t print e-mails do to the fact that ink is very costly and I don’t like having more paper to deal with. As a councilor we get plenty to read and deal with each week in our council packets as you know.”
Councilor Elizabeth Dube:
“Per Tom’s request I am writing to let you know that I delete all emails on my computer as soon as I receive them. I have nothing at this time.”
Councilor Robert Reed:
“Due to employer regulations and the sheer volume of all the items we get in e-mail it is my policy to read and delete those immediately, therefore any emails would have to come from what you have sent me and any responses I may have provided as found on your computer. Since the request I have not deleted any but am concerned with volume and employer concerns. My home email is used for constituent complaints and items sent from Dottie to each of us. I went through that and the system only keeps email for 30 days then automatically removes, but I have nothing there from you or councilors individually or as a group – most of you have my work email only.”
Auburn
Mayor John Jenkins: Did not respond to FOI request because he had no e-mails to provide.
Interim City Manager Laurie Smith:
A packet of 54 printed e-mails was hand delivered to the Sun Journal on May 14.
Councilor Michael Farrell:
At first, he estimated a $100 fee to process the e-mails, relying on the $60 per hour rate he charges at his shop. The Sun Journal replied, with a link to FOAA that explains allowable charges, and Farrell revised his estimate to $20 for three hours’ work. Check was mailed June 4; packet for dozens of printed e-mails was delivered within a week.
Councilor Robert Hayes:
Invited Sun Journal to review e-mails at his shop on June 5. There were a total of seven e-mails regarding his duties as city council. Hayes said he does not use his computer other than to make note of meetings and receive reminders for these meetings.
“It is communication that is public record, so I don’t use it. I prefer to say my peace and respond to questions during meetings and generally do not conduct discussions outside of meetings.
“It’s fair to both the public and other council people and all people concerned to keep the discussions open, especially when it comes to decision-making for the city. I should be done as a group.”
Councilor Daniel Herrick:
Does not use his computer for public business and has “never e-mailed another councilor.”
Councilor Bruce Bickford:
Forwarded dozens of e-mails to the Sun Journal in early June.
Councilor Ray Berube:
Does not own a computer and has no e-mails.
Councilor Bob Mennealy:
Forwarded 12 e-mails to the Sun Journal on May 14, after initial refusal to do so without a search warrant.
Mennealy said his server deletes e-mails after 30 days and he had no access to communication from earlier in the year.
Councilor Ronald Potvin:
Not aware of the FOAA request until he received the May 29 reminder letter; left a packet of 13 printed e-mails at City Hall for pickup on June 4.
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