Transparency is crucial to the operation of government at all levels, and an integral part of any democracy. In Maine, it is made obligatory through the power of law.
A recent series of events in New Vineyard, however, has shown that the law is sometimes ignored, without consequence or any sort of strong response from those who are supposed to enforce the laws and encourage public access and open government.
The problem in New Vineyard, a Franklin County town of roughly 750 residents, came to light when the Board of Selectmen refused to sign the contract of the town’s longtime administrative assistant, Arlene Davis, while the parties discussed changes in her job description.
PUBLIC MEETINGS
Those changes, however, were discussed with Davis only informally — “off the beaten path,” according to the board chairwoman — and not in a public meeting, as is required by Maine’s Freedom of Access Act.
In addition, the board had neglected to record minutes during official meetings for at least eight months.
State law requires that public business be conducted in front of the public.
In the limited cases when public business can be taken behind closed doors, such as with some contract negotiations or employee performance reviews, officials must vote first in public to enter executive session, citing the specific area of law that allows it. Then, they must return to the open meeting before taking any official action.
Law also requires that the date, time and agenda for meetings be announced publicly with due notice, and that meeting minutes be recorded and include at the very least the time, date and place of the meeting, the members present, and all motions and votes taken.
Violations of the law can lead to fines of up to $500 for each offense. They also leave the offending municipality open to lawsuits.
PUBLIC TRUST
Most importantly, violations leave gaps in the public record. Residents, media organizations and others with a stake in good governance cannot keep watch in all towns at all times, so it is imperative that a basic, unbroken record is kept of all public actions.
Should anyone need to go back to see how a particular policy was enacted or issue handled, they shouldn’t have to rely on the fallible and often biased memories of public officials.
Maine’s many small towns often conduct business informally, and they often are trusted by residents to do so with little regular oversight.
But that trust lasts only until something goes wrong. When it does, there should be a record that gives some clue as to why.
That’s why it is important to have some power behind the public access laws.
Yet when contacted by the Morning Sentinel regarding the situation in New Vineyard, the state’s public access ombudsman, who is in charge of enforcing Maine’s public access laws, said her office would respond with an independent review only if a formal complaint was filed.
The Department of the Secretary of State and the Maine Municipal Association, which also to a lesser extent have an interest in public access, would not comment on the New Vineyard situation.
The silence was deafening.
That’s not to say that all violations should result in fines or some other form of punishment.
But there should be strong, universal condemnation when public access law is not followed, as a clear notice to all Maine’s cities and towns that the law matters, even when no one is watching.
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