Freedom Of Access Isn't Free In Lisbon!

FREEDOM OF ACCESS ACT (FOAA)

Freedom of Access Act (FOAA) is a citizen’s right to obtain Public Records.  Of course, this information should readily be available to individuals with a need to know.  This process is currently being debated before the Maine Legislature in LD 104.   

This bill is trying to amend the current law in three ways.   

First, it adds an exception to the definition of “public records” under the Freedom of Access Act for e-mail addresses obtained by a political subdivision of the state for the sole purpose of disseminating noninteractive communications to individuals.    

Second, the bill eliminates the cap on the hourly rate that a governmental entity may charge to cover the actual cost of searching for, retrieving and compiling a requested public record and establish a definition of “actual cost” that is tied to the hourly rate paid to employees to fulfill a request.   

Third, the bill creates an exception to the Freedom of Access Act for documents submitted to a municipal board of appeals that describe or verify the mental or physical disability of a person who is seeking a variance from certain land use regulations in order to accommodate the disability.

The second part of this bill is an attempt to reduce the number of FOAA’s being submitted to municipalities by making the cost so outrageous a normal citizen cannot afford to paid.  This is illustrated in an article published in The Maine Wire which stated a citizen was forced to pay “$228.00 for 12 hours and 195 copies”.  This works out to $15.00 per hour and $.25 per copy.  How can anyone call this “actual cost”?  Wal-Mart has HP HPM1120 8.5x11 multipurpose paper, 500 sheets, for $4.75 which is .0095 per sheet.  This is less than one cent per sheet.  This is a far cry from $.25 charged to the citizen in Falmouth.   In Lisbon, I am charged $.50 per copy; talk about abusing their position.  Citizens are at the mercy of the municipality as to what they are going to be charged per sheet.  

LD 104 is another attempt to keep citizens from receiving information or documents they are entitled too.  In my case, I was forced to take the town of Lisbon to court twice because they refused to provide information and documents the judge said I was entitled to have.  Why should citizens have to go through the court system to receive information or documents they are entitled to have?  I also had to call the state in to mediate on my behalf to receive information and documents I was entitled to have.  Town Managers and Town Attorneys are required to know what is and what is not a Public Record.  By forcing citizens to utilize the court system, is very costly to the citizen and is an abuse of the court system.  Also, involving a state employee takes time away from these individuals which is non-productive for the state.

 LD 104 should penalize Town Managers and Town Attorneys personally every time they abuse their position.  A municipality should not have to bear this cost.  Also, the state should standardize the cost per sheet of paper as they have with the hourly rate.  What is happening is the municipalities are overcharging citizens for hours because of the municipality’s incompetency.  It takes more time to locate information or documents when they are not filed in the proper place.

I have been forced to submit approximately 90 Freedom of Access Acts (FOAA) for information and documentations I am entitled to have.  I am required to complete a form and submit it to the Town Clerk.  An email is not sufficient in Lisbon.   At the last Town Council Workshop pertaining to the budget, the documents provided to the councilors were not the same documents published on the town web site.  Also, the councilors received handouts at the meeting and the audience was provided nothing. 

 It makes it very difficult to follow along with the conversations when we do not have the same documentations.  It is like comparing apples to oranges.  This is the same method the town manager has used for years to keep the public from knowing what is going on with the budget.  These meetings are open to the public and as such if the citizens take the time to come out; they should be provided copies of what is being discussed during the meeting.   As a result of this, I asked the town manager to email me a copy of the proper documents the councilors were using and as of today I have not received anything.  This means I have to submit another Freedom of Access Act (FOAA) for this information.  Information I am entitled to in the first place.  Talk about a waste of time! 

When the town does not provide information to citizens that should have been provided it should be free.  LD 104 should be written to encourage municipalities to make it easier for citizens to obtain information and documents instead of harder.  

 If the information was readily available to citizens like posting it to the town web site; there would be no need for FOAAs. If they have nothing to hide, why are they trying so hard to hide everything?

Larry Fillmore

We the People