FOAA changes create position, increase fees

STATE — Changes to Maine's Freedom of Access Act may help public officials  handle requests for information from citizens more effectively. 

On May 17, Governor Paul LePage signed LD 1465, An Act To Amend the Laws Governing Freedom of Access into law and the changes went into effect on August 30.

FOAA gives Maine citizens the right to access public records and meetings of public bodies to ensure transparency and accountability in government at all levels.

One of the primary changes to the law is the requirement that all units of government, including counties, municipalities, agencies and school administrations designate an existing employee as a public access officer.

The public information officer will receive FOAA training and act as the principal contact requests for public documents.

Maine Municipal Association spokesperson Eric Conrad says the towns are ready for the changes – he says a MMA FOAA training in August was well attended by around 70 people.

Paris Town Manager Phil Tarr says that in other situations he's worked in, the town manager is often designated to be the FOAA contact.

Town Clerk Elizabeth Knox said that the board of selectmen would need to appoint the information officer. She planned to put the matter on the agenda for the next board meeting.

According to SAD 17 Superintendent Rick Colpitts, the Maine School Superintendents Association advised districts to designate superintendents information officers and he anticipated holding the position.

Another important aspect of the changes in the law is an increase in the fee an agency is allowed to charge per hour of employee time filling a FOAA request after the first. 

The fee is increased from $10-$15 an hour.

FOAA requires that the agency handling the request is also required to provide the requester an estimate of the time and expense it will take to complete.

Under the new law, if the estimated cost is greater than $30, the agency or official needs to inform the requester before proceeding, a $10 increase from the previous law.

Conrad is encouraged by the fee changes, particularly for small towns. He says the increases are "a good step forward," but still wishes it was more.

Oxford Town Manager Michael Chammings  says $15 an hour is a more realistic fee, but still won't cover the cost to the town for responding to a really big FOAA request.

Chammings, who teaches the FOAA class to Oxford elected officials and will probably be appointed the public information officer, says the town office doesn't usually have a problem covering FOAA requests and does its utmost to be open and transparent.

He does know other towns where managers spend eight to 12 hours a week working on FOAA requests, he says, and some requests that ask for thousands of pages of documents could "put a small town out of business."