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Maine is leading the nation in protecting the public’s right to information.

On Wednesday, the Judiciary Committee will hold public hearings on three pieces of legislation that would further cement the state’s place as a leader in holding government accountable to the people it serves. All three deserve the support of lawmakers.

L.D. 466 would give courts the discretion to award attorney’s fees and litigation expenses in FOA lawsuits. The bill imposes strict limitations on when the fees could be assessed and protects municipalities from having to reimburse costs in nuisance suits. In fact, it allows government to recoup its expenses in such cases. Also, in order to collect these fees, the bill requires that information was withheld from the public or access to a public meeting was denied in an act of bad faith. This bill is a weapon against obstructionism.

Pursuing a freedom of access claim can be costly. Those costs are prohibitive for much of the public. This advance in Maine’s FOA law would give residents, without the financial backing of a large institution, the financial power to pursue cases of illegal activity on the part of government. An attorney’s fee should not stand in the way of the administration of justice.

L.D. 301 would establish a FOA ombudsman within the Attorney General’s Office. The ombudsman would provide information to both the public and government agencies and officials about FOA issues and be responsible for resolving complaints concerning access laws. As it stands, violations of FOA law go largely unpunished. An ombudsman would add a new level of enforcement and provide a source for expert information for both lawmakers, government workers and the public.

The third bill, L.D. 467, creates a common-sense exception to FOA laws by extending privacy protections to some public workers already afforded to others. The legislation clarifies that the personal contact information – home phone number and address, for example – are not subject to guaranteed public disclosure. School teachers and principals can still give out their information as they wish, but it’s not a mandate. Politicians, however, don’t count. Their contact information will still be considered public.

Taken together, the three bills would greatly strengthen the understanding, application and enforcement of the state’s freedom of access law.

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