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Maine department of administrative and financial services

maine department of administrative and financial services

Title: Maine Department of Administrative and Financial Services; Contributor Names: Maine; Created / Published: United States. Subject Headings: Maine. We appreciate the work of Governor Mills and the Maine Department of Administrative and Financial Services to make sure Mainers will. Company Description: Maine Department of Administrative and Financial Services is located in Augusta, ME, United States and is part of the Executive. SINHALA FOREX If you have a cpu without. Need to re-connect using an old. Scheduling updates Scheduling to a remote a hassle-free way and other end-point a utility that. Adding Tables to activate keyword. You can also fails, use tracing local user is.

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Recognized by the U. An evaluation team will visit our universities and Law School to gather evidence that the self study is thorough and accurate. The team will recommend to the Commission a continuing status for UMS, and following a review process, the Commission itself will take the final action. Per NECHE policy, public comments must address substantive matters related to the quality of the institution.

The Commission cannot settle disputes between persons and institutions, whether those involve faculty, students, administrators, or members of other groups. Comments will not be treated as confidential and must include the name, address, and telephone number of the person providing the comments. Public comments must be received by October 5, The Commission cannot guarantee that comments received after that date will be considered. Degrees and certificates spanning a wide range of professional and personal interests from the seven University of Maine Campuses.

Get credit for what you know and take advantage of our low tuition and numerous financial aid options. Advanced, Interactive Technology allows you to gain the knowledge, the experience, and a nationally recognized degree to help you advance your career or start a new one. The same logic applicable to e-mail applies to social media and online discussion boards. All meetings are subject to the law. There is no requirement that a quorum be present so long as a body consists of three or more persons.

Public notice must be given for all public proceedings, if these proceedings are a meeting of a body or agency consisting of 3 or more persons. This notice must be given in ample time to allow public attendance and must be disseminated in a manner reasonably calculated to notify the general public in the jurisdiction served by the body or agency concerned.

In the event of an emergency meeting, local representatives of the media must be notified of the meeting, whenever practical, the notification to include time and location, by the same or faster means used to notify the members of the agency conducting the public proceeding.

Crispin v. There is a new law, effective July 30, , that imposes additional notice requirements for proceedings that the public may attend remotely. Notice in such circumstances would need to include instructions on how to access the proceeding remotely. In general bodies subject to the act must record minutes of each public meeting and make the minutes available to the public on request. A record of each public proceeding for which notice is required i.

At minimum, the record must include A the date, time and place of the public proceeding; B the members of the body holding the public proceeding recorded as either present or absent; and C all motions and votes taken, by individual member, if there is a roll call.

Some bodies are subject to particular record-keeping requirements, such as zoning and planning boards. In particular, every agency must make a written record of every decision involving approval or denial of any application, license, certificate, or other type of permit, as well as every decision involving the dismissal or refusal to renew the contract of any public official, employee or appointee.

The Act recognizes that bodies may hold emergency meetings, but the term is not defined. There is a new law, effective July 30, , that allows certain bodies to restrict public attendance at emergency meetings to remote participation only. In the event of an emergency meeting, local representatives of the media must be notified of the meeting.

Whenever practical, the notification to include time and location, by the same or faster means used to notify the members of the agency conducting the public proceeding. There is a new law, effective July 30, , that mandates bodies conducting emergency meetings with the option or requirement of remote participation also give notice of how the public may access the proceeding remotely. The same requirements applicable at regular meetings apply to emergency meetings.

A body must create minutes of each meeting. The minutes must include A the date, time and place of the public proceeding; B the members of the body holding the public proceeding recorded as either present or absent; and C all motions and votes taken, by individual member, if there is a roll call. Public notice must be given for all public proceedings in ample time to allow public attendance. Notice must be disseminated in a manner reasonably calculated to notify the general public in the jurisdiction served by the body or agency concerned.

The motion must state the precise nature of the business of the session. The minutes need not include the subject matter of deliberations in executive session. To the extent that minutes are taken of deliberations in executive sessions, the minutes are confidential so long as the executive session was itself lawful.

Portland School Cmte. If minutes contain information derived from documents declared confidential by statute, the part of any minutes referring to confidential information is also confidential. See Guy Gannett Pub. City of Portland , Docket No. CV Sept. A public body must take a public recorded vote to go into executive session.

Any person attending a public proceeding has a right "to make written, taped, or filmed records of the proceedings, or to live broadcast the same, provided the writing, taping, filming or broadcasting does not interfere with the orderly conduct of proceedings. Bodies and agencies are authorized to make reasonable rules and regulations governing these activities but may not prohibit them. Any person attending a public proceeding has a right to film the proceedings, or to make a live broadcast, provided that the filming or broadcasting does not interfere with the orderly conduct of proceedings.

The minutes of any public proceeding are open to public inspection, as are any materials, reports, and agendas unless prepared for use during a lawful executive session or made during a lawful executive session. See Blethen Me. Any official action taken in an illegal executive session may be declared null and void.

For every willful violation of this subchapter, the state government agency or local government entity whose officer or employee committed the violation is subject to a fine. The exceptions are for the most part narrow and specific. Pursuant to 1 M. Discussion or consideration of the employment, appointment, assignment, duties, promotion, demotion, compensation, evaluation, disciplining, resignation or dismissal of an individual or group of public officials, appointees or employees of the body or agency or the investigation or hearing of charges or complaints against a person or persons subject to the following conditions:.

A request, if made to the agency, must be honored; and. Discussion or consideration by a school board of suspension or expulsion of a public school student or a student at a private school, the cost of whose education is paid from public funds, as long as:. Discussion or consideration of the condition, acquisition or the use of real or personal property permanently attached to real property or interests therein or disposition of publicly held property or economic development only if premature disclosures of the information would prejudice the competitive or bargaining position of the body or agency;.

Discussion of labor contracts and proposals and meetings between a public agency and its negotiators. The parties must be named before the body or agency may go into executive session. Negotiations between the representatives of a public employer and public employees may be open to the public if both parties agree to conduct negotiations in open sessions;.

Discussions of information contained in records made, maintained or received by a body or agency when access by the general public to those records is prohibited by statute;. Discussion or approval of the content of examinations administered by a body or agency for licensing, permitting or employment purposes; consultation between a body or agency and any entity that provides examination services to that body or agency regarding the content of an examination; and review of examinations with the person examined; and.

Consultations between municipal officers and a code enforcement officer representing the municipality pursuant to Title A, section , subsection 1, paragraph C in the prosecution of an enforcement matter pending in District Court when the consultation relates to that pending enforcement matter. Some state agencies or governmental bodies have their own requirements for open or closed meetings. If the meetings are designated as closed, the statutory basis must still fall within one of the permitted topics for executive sessions listed in 1 M.

Examples include: legislative investigating committee meetings may be closed if so requested by a witness, 3 M. In general, administrative bodies must deliberate in open session. The quality and nature of deliberations varies some bodies actively discuss the subject matter before it, while others discuss very little or merely present prepared statements.

The statute does not distinguish between deliberations and fact-finding. Except where authorized by a specific statute, all adjudicatory proceedings must be open to the public. Deliberation on security matters may be in closed session so long as the discussion involves information contained in non-public records. Discussion of the acquisition or disposition of publicly owned property may be held in executive session only if such discussion would prejudice the bargaining position of the agency or body; the negotiation itself may not.

A discussion of employee salaries must take place in open session because that is a budget matter. In addition, discussion of information contained in confidential personnel files may take place in executive session. Otherwise, interviews with public bodies must be public.

To the extent the discussion concerns information contained in an individual or mental health record, it can be held in executive session, since such records are invariably confidential. Public, unless the board is discussing its investigation of an application for a pardon, reprieve or commutation, or its recommendation to the governor on such application.

Public bodies are permitted to meet in executive session to consult with counsel concerning pending or contemplated litigation. In general, grand jury proceedings are secret. However, a witness before the grand jury may not be placed under any obligation of secrecy. Advisory Comm. Note — Further, grand jury secrecy rules do not apply to material obtained or created independently of the grand jury as long as the disclosure of such material does not reveal what transpired before the grand jury.

Discussion of financial data, trade secrets, or proprietary data of private corporations and individuals other than public employees may be held in executive session to the extent that the discussion concerns information contained in non-public records. Financial data of public bodies is generally a public record, with limited exceptions for such information as purchase or sale prices for public property.

Deliberation on the subject of federal programs is generally public, unless the discussion involves information contained in records designated confidential by statute. Proceedings involving business and industry relations are generally public. Deliberations involving records protected as trade secrets or otherwise confidential under the Act may also be closed to the public. Discussion of individual students is generally confidential because such discussion almost invariably involves information in non-public records.

The Act permits boards to meet in executive session to discuss or consider the suspension or expulsion of a public school student. A motion may be made for a temporary restraining order or a preliminary injunction to keep a public body from entering an executive session.

A person barred from attending a public meeting may seek emergency injunctive relief to open a closed meeting. A declaratory judgment may also be sought to ensure that future meetings are open to the public. A court may set aside any decision made in an illegal executive session. A declaratory judgment may also be sought to determine that future meetings are open to the public or that a body is, for example, subject to the open meetings law.

A claim for violation of the open meetings act must be filed "within thirty days of discovering a possible violation. Any challenge to an illegal meeting must be brought in Superior Court. Maine does not have an administrative forum with jurisdiction to hear disputes under the Act.

The Maine Attorney General may be asked to issue an advisory ruling on an issue of statutory interpretation or on the applicability of the FOAA with respect to particular meetings or public bodies. An appeal should be filed with any Superior Court setting out a concise statement of the grounds for relief and the specific relief sought.

Any meeting notice, minutes or decision can be attached. The same information and documents should be provided to the Attorney General in connection with any informal request for a ruling. Any aggrieved person may appeal the refusal or denial of a request to inspect a record or challenge a closed meeting.

State government agencies and local government entities may be fined for willful FOAA violations committed by its officers or employees. Fines may not be collected by private parties. A party may recover court costs as in ordinary civil actions. Any official action taken in executive session may be declared null and void. Declaratory judgment and injunctive relief are also available. Any action must be filed in Superior Court. The action is usually filed in the county where the challenged executive session or meeting took place.

Any person may appeal "[u]pon learning of any such action. An action may be filed as a statutory appeal or a complaint. The appeal should include a concise statement of the action s taken during the alleged executive session s which would entitle the plaintiff to the types of relief provided for under 1 M. Any minutes, agenda, or other documentation related to the meeting should be attached to the appeal.

After de novo fact-finding, i. A challenge can be brought pro se and the courts are generally solicitous of a pro se claim. However, governmental entities are represented by counsel and will have the upper hand against unrepresented claimants.

The Act does not grant to the general public a right to comment at public meetings, but comment may be authorized by particular statutes or bylaws governing a specific public body. A person wishing to comment may request an opportunity to do so, and many public bodies do allow an opportunity for public comment as a matter of course.

Anyone wishing to comment should contact the relevant public body for their protocols and expectations regarding public comment. Public comment is often limited to a short period of time. Any person may submit written comments, of course.

Generally, no. Statutes regarding specific governmental bodies may deal with this subject. For example, in state proceedings governed by the Administrative Procedure Act, a party may need to intervene to have the right to participate. Generally, no, but some bodies will ask for advance notice to schedule time for public comment or to set time limits on comment. Many public bodies set time limits for public comment, but those limits are usually flexible within reason.

A person wishing to comment may request an opportunity to do so. Some public bodies will afford an opportunity to do so. Many bodies allow public comment as a routine agenda item, but not all. Not specifically. In extreme circumstances, public bodies have contacted law enforcement to remove a disruptive individual.

Statute A. Who can request records? Status of requester 2. Purpose of request 3. Use of records 4. Can an individual request records on behalf of a third party or organization? Whose records are and are not subject to the Act 1.

Executive branch 2. Legislative bodies 3. Courts 4. Nongovernmental bodies 5. Multi-state or regional bodies 6. Advisory boards and commissions, quasi-governmental entities 7. Others C. What records are and are not subject to the act? What kinds of records are covered? What physical form of records are covered 3.

Are certain records available for inspection but not copying? Telephone call logs 5. Electronic records e. Can the requester choose a format for receiving records? Can the requester obtain a customized search of computer databases to fit particular needs c.

Does the existence of information in electronic format affect its openness? Online dissemination 6. Email 7. Text messages and other electronic messages 8. Social media posts 9. Computer software Can a requester ask for the creation or compilation of a new record? Fee provisions 1. Types of assessable fees e. Particular fee specifications or provisions 3. Provisions for fee waivers 4. Requirements or prohibitions regarding advance payment 5.

Have agencies imposed prohibitive fees to discourage requesters? Fees for electronic records E. Who enforces the Act? Attorney General's role 2. Availability of an ombudsman 3. Commission or agency enforcement F. Are there sanctions for noncompliance? Record-holder obligations 1. Search obligations 2. Proactive disclosure requirements 3. Records retention requirements 4. Provisions for broad, vague, or burdensome requests II. Exemptions and other legal limitations A. Exemptions in the open records statute 1.

Character of exemptions 2. Discussion of each exemption B. Other statutory exclusions C. Court-derived exclusions, common law prohibitions, recognized privileges against disclosure D. Protective orders and government agreements to keep records confidential E. Interaction between federal and state law 1. HIPAA 2. DPPA 3. FERPA 4. Other F. Segregability requirements G. Agency obligation to identify basis of redaction or withholding III.

Record categories - open or closed A. Autopsy and coroners reports B. Administrative enforcement records e. Bank records D. Budgets E. Business records, financial data, trade secrets F. Contracts, proposals and bids G. Collective bargaining records H.

Economic development records I. Election Records J. Emergency Medical Services records K. Gun permits L. Homeland security and anti-terrorism measures M. Hospital reports N. Personnel records 1. Salary 2. Disciplinary records 3. Applications 4. Personally identifying information 5. Expense reports 6. Complaints filed against employees 8.

Other O. Police records 1. Accident reports 2. Police blotter 3. Investigatory records 5. Arrest records 6. Compilations of criminal histories 7. Victims 8. Confessions 9. Confidential informants Police techniques Mugshots Sex offender records Emergency medical services records Police video e. Biometric data e. Physical evidence P. Prison, parole and probation reports Q. Professional licensing records R. Public utility records S. Real estate appraisals, negotiations 1.

Appraisals 2. Negotiations 3. Transactions 4. Deeds, liens, foreclosures, title history 5. Zoning records T. School and university records 1. Athletic records 2. Trustee records 3. Student records 4. Research material or publications 6. Other U. State guard records V. Tax records W. Vital Statistics 1. Birth certificates 2. Marriage and divorce 3.

Death certificates 4. Infectious disease and health epidemics IV. Procedure for obtaining records A. How to start 1. Who receives a request? Does the law cover oral requests? Required contents of a written request 4. Availability of expedited processing B.

How long to wait 1. Statutory, regulatory or court-set time limits for agency response 2. Informal telephone inquiry as to status 3. Is delay recognized as a denial for appeal purposes? Any other recourse to encourage a response C. Administrative appeal 1. Time limit to file an appeal 2. To whom is an appeal directed? Fee issues 4. Contents of appeal 5. Waiting for a response 6.

Subsequent remedies D. Additional dispute resolution procedures 1. Attorney General 2. Ombudsperson 3. Other E. Court action 1. Who may sue? What court? Time limit for filing suit 5. Pleading format 4. Issues the court will address a. Denial b. Fees for records c. Delays d. Patterns for future access declaratory judgment 3. Pro se 2. Priority 8.

Burden of proof 9. Judicial remedies available Litigation expenses a. Attorney fees b. Court and litigation costs Fines Other penalties Settlement, pros and cons F. Appealing initial court decisions 1. Appeal routes 2. Time limits for filing appeals 3. Contact of interested amici G. Addressing government suits against disclosure Open Meetings I.

Statute - basic application A. Who may attend? What governments are subject to the law? State 2. County 3. Local or municipal C. What bodies are covered by the law? Executive branch agencies a. What officials are covered? Are certain executive functions covered? Are only certain agencies subject to the act? Nongovernmental bodies receiving public funds or benefits 5. Nongovernmental groups whose members include governmental officials 6. Multi-state or regional bodies 7. Advisory boards and commissions, quasi-governmental entities 8.

Other bodies to which governmental or public functions are delegated 9. Appointed as well as elected bodies D. What constitutes a meeting subject to the law 1. Number that must be present a. Must a minimum number be present to constitute a "meeting"?

What effect does absence of a quorum have? Nature of business subject to the law a. Deliberation toward decisions 3. Electronic meetings a. E-mail c. Text messages d. Instant messaging e. Social media and online discussion boards E. Categories of meetings subject to the law 1. Regular meetings a. Definition b. Notice c. Minutes 2. Special or emergency meetings a. Notice requirements c. Minutes 3. Closed meetings or executive sessions a. Minutes d. Requirement to meet in public before closing meeting e.

Requirement to state statutory authority for closing meetings before closure f. Tape recording requirements F. Sound recordings allowed 2. Photographic recordings allowed G. Access to meeting materials, reports and agendas H. Exemptions in the open meetings statute 1. Description of each exemption B. Any other statutory requirements for closed or open meetings C. Court mandated opening, closing III.

Meeting categories - open or closed A. Adjudications by administrative bodies 1. Deliberations closed, but not fact-finding 2. Only certain adjudications closed, i. Real estate negotiations N. Personnel matters 1. Interviews for public employment 2. Disciplinary matters, performance or ethics of public employees 3. Dismissal, considering dismissal of public employees M. Patients, discussions on individual patients L.

Parole board meetings, or meetings involving parole board decisions K. Negotiations and collective bargaining of public employees 1. Any sessions regarding collective bargaining 2. Only those between the public employees and the public body J. Litigation, pending litigation or other attorney-client privileges I. Licensing examinations H.

Grand jury testimony by public employees G. Gifts, trusts and honorary degrees F. Financial data, trade secrets, or proprietary data of private corporations and individuals E. Financial data of public bodies D. Federal programs C. Business and industry relations B. Budget sessions Q. Students, discussions on individual students IV. Procedure for asserting right of access A. When to challenge 1. Does the law provide expedited procedure for reviewing request to attend upcoming meetings?

When barred from attending 3. To set aside decision 4. For ruling on future meetings 5. Other B. Where to ask for ruling a. Administrative forum b. State attorney general c. Court 2. Applicable time limits 3. Contents of request for ruling 4. How long should you wait for a response 5. Are subsequent or concurrent measures formal or informal available? Court review of administrative decision 1. Fines 9. Availability of court costs and attorney's fees 8. Judicial remedies available 7.

What issues will the court address? Open the meeting b. Invalidate the decision c. Order future meetings open 3. Pro se possibility, advisability 2. Will the court give priority to the pleading? Other penalties D. Contact of interested amici V. Asserting a right to comment A. Is there a right to participate in public meetings? Must a commenter give notice of intentions to comment? Can a public body limit comment? How can a participant assert rights to comment?

Are there sanctions for unapproved comment? Compare Open Records Compare I. Statute Compare A. Compare 1. Compare 2. Purpose of request A requester need not state the purpose of a request to exercise the right to inspect and copy public records.

Compare 3. Use of records Public records may be used for any purpose. Compare 4. Compare B. Whose records are and are not subject to the Act The Act contains a list of entities required to conduct public proceedings, but does not list those entities that are subject to the public records requirements under the Act.

Executive branch All records of the executive branch, including the Governor, are subject to the Act if the records have been received or prepared for use in connection with the transaction of public or government business or if they contain information relating to the transaction of public or governmental business. Legislative bodies Records of the Legislature are subject to the Freedom of Access Act, but legislative papers and reports, working papers, drafts, internal memoranda, and similar works in progress are not public until signed and publicly distributed in accordance with rules of the Legislature.

Courts Judicial records are not subject to the Freedom of Access Act. The four factors considered in making that determination are: Whether the entity is performing a governmental function; Whether the funding of the entity is governmental; The extent of governmental involvement or control; and Whether the entity was created by private or legislative action. Compare 5. Multi-state or regional bodies To the extent that Maine governmental officials are serving on multi-state or regional bodies in connection with the transaction of governmental or public business, the public may request records from the officials serving on those bodies.

Compare 6. Advisory boards and commissions, quasi-governmental entities The records of advisory boards, commissions, and other bodies created by government action are generally public, unless created by executive order and designated confidential by the terms of the order establishing the body.

Compare 7. Others The FOAA applies to Indian Tribes within the state unless engaged in purely internal tribal matters, such as in the deliberative process of self-government. Compare C. All types of records are covered by the Act. What physical form of records are covered All records in any physical form are covered by the Act. All records are available for both inspection and copying. Telephone call logs Telephone call logs are public if received or prepared for use in connection with the transaction of public or government business or if they contain information relating to the transaction of public or governmental business.

Compare a. Compare b. Compare c. Compare d. Online dissemination The Act does not require that public records be made available on-line. Email Email is a public record. Text messages and other electronic messages Text messages and other electronic messages are public records. Compare 8. Social media posts Social media posts are public records. Compare 9. Computer software Computer programs, technical data, logic diagrams and source code related to data processing or telecommunications that qualify as trade secrets are not public records.

Compare Compare D. Fee provisions Compare 1. Particular fee specifications or provisions An agency or official may charge a "reasonable fee to cover the cost of copying. Provisions for fee waivers An agency or official may waive part or all of a fee if the requester is indigent or if release of the public record requested is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of government and is not primarily in the commercial interest of the requester.

Fees for electronic records Compare E. Availability of an ombudsman An ombudsman position exists within the Department of the Attorney General. Commission or agency enforcement None. Compare F. Compare G. Record-holder obligations Compare 1. Search obligations Compare 2. Proactive disclosure requirements The FOAA generally does not contain proactive requirements for the disclosure of public records on agency or public official websites, but many agencies and officials make records in high demand available on their websites as a public service.

Records retention requirements The Maine State Archives has issued records retention schedules and policies governing the retention of agency records, available here. Provisions for broad, vague, or burdensome requests Compare II. Exemptions and other legal limitations Access to public records is limited by the twelve exemptions contained within the FOAA itself and by many statutes outside the FOAA governing public access to particular types of records.

Compare A. Exemptions in the open records statute Compare 1. The most troublesome general exemption contained in the FOAA is an exemption for records otherwise designated confidential by statute. There are many exemptions scattered throughout Maine statutes.

Each one must be consulted individually. Privileged Records. Records "that would be within the scope of a privilege against discovery or use as evidence recognized by the courts of this State in civil or criminal trials if the records or inspection thereof were sought in the course of a court proceeding" are exempt from disclosure. The general purpose of this exemption is to achieve consistency between rules that would be applied to government agencies and officials in a lawsuit and the FOAA.

See R. City of Portland , A. On at least one occasion a municipality joined with a taxpayer in an action requesting a declaratory judgment that business records submitted in support of a property tax abatement were trade secrets and therefore privileged. The attorney-client privilege applicable to governments and government agencies only applies to communications concerning a pending investigation, claim or action and then only if disclosure would seriously impair the government's ability to conduct that investigation or proceeding in the public interest.

The Supreme Judicial Court discussed this exemption in Dubois v. Legislative Papers and Reports. The open records statute contains an exemption for legislative papers and reports until they are signed and publicly distributed and records, working papers, drafts and inter-office and intra-office memoranda used or maintained by any legislator or legislative employee to prepare proposed legislative papers or reports. Communications between a Constituent and an Elected Official. Labor Negotiations.

Materials prepared "specifically and exclusively" for negotiations by a "public employer in collective bargaining with its employees and their designated representatives" are exempt from disclosure. The concern originally prompting this exemption arose out of collective bargaining negotiations between a public employer and its employees. The purpose was to allow the public employer to develop a bargaining strategy that would not be known by its employees in advance.

Despite the plain language of the exemption, a few local governments have assumed that it may be used in other negotiations. An exemption protects "records, working papers, inter-office and intra-office memoranda used by or prepared for faculty and administrative committees of the Maine Maritime Academy, the Maine Community College System, and the University of Maine System, when the subject matter is confidential or otherwise protected from disclosure.

The chief purpose of the exemption was to protect such records as academic examinations and tests from premature disclosure. An exemption applies to records in the possession of local governments or intra-state organizations that would be declared confidential if they were in the possession of an agency or official of the state or a political or administrative subdivision thereof.

Insurance Records. An exemption protects "materials related to the development of positions on legislation or materials that are related to insurance or insurance like protection or services which are in the possession of an association" whose membership is composed exclusively of political or administrative subdivisions of the state or of other organizations of any such subdivision. An exemption protects from disclosure medical records and reports of municipal ambulance, rescue and emergency medical service units.

Juvenile Records. Juvenile records and reports of municipal fire departments regarding the investigation and family background of a juvenile fire setter are confidential. Gubernatorial Advisory Organizations. Working papers, including records, drafts and inter-office and intra-office memoranda, used or maintained by certain advisory boards and commissions established, authorized or organized by law or resolve or by Executive Order issued by the Governor or by any staff or members of the board or commission are confidential, unless such working paper is distributed in a public meeting.

Municipal Recreation Records Concerning Minors. Personally identifying information concerning minors participating in municipal recreation and non-mandatory educational programs are confidential.. Security Records.

An exemption protects records describing security plans, security procedures or risk assessments prepared specifically for the purpose of preventing or preparing for acts of terrorism, but only to the extent that release of information contained in the record could reasonably be expected to jeopardize the physical safety of government personnel or the public. For purposes of this paragraph, "terrorism" means conduct that is designed to cause serious bodily injury or substantial risk of bodily injury to multiple persons, substantial damage to multiple structures whether occupied or unoccupied or substantial physical damage sufficient to disrupt the normal functioning of a critical infrastructure.

Information Technology Infrastructure and Systems. An exemption protects records or information describing the architecture, design, access authentication, encryption or security of information technology infrastructure, systems, and software. This includes records or information maintained to ensure government operations and technology continuity and to facilitate disaster recovery.

Social Security Numbers. Social security numbers are confidential. This exemption does not apply to elected officials. Geographic Information on Trails on Private Land. Geographic information regarding recreational trails that are located on private land that are authorized voluntarily as such by the landowner with no public deed or guaranteed right of public access, unless the landowner authorizes the release of the information.

Department of Corrections Security. Security plans, staffing plans, security procedures, architectural drawings or risk assessments prepared for emergency events that are prepared for or by or kept in the custody of the Department of Corrections or a county jail if there is a reasonable possibility that public release or inspection of the records would endanger the life or physical safety of any individual or disclose security plans and procedures not generally known by the general public.

Information contained in records covered by this paragraph may be disclosed to state and county officials if necessary to carry out the duties of the officials, the Department of Corrections or members of the State Board of Corrections under conditions that protect the information from further disclosure. E-mail addresses obtained by a political subdivision of the State for the sole purpose of disseminating noninteractive notifications, updates and cancellations that are issued from the political subdivision or its elected officers to an individual or individuals that request or regularly accept these noninteractive communications.

Records describing research for the development of processing techniques for fisheries, aquaculture and seafood processing or the design and operation of a depuration plant in the possession of the Department of Marine Resources. Railroad Hazardous Waste Records. Records provided by railroad companies describing certain information about hazardous materials transported by railroad. In contrast, the exemption does not cover records related to the discharge of certain hazardous materials transported by railroad companies.

The Act protects from disclosure participant application materials and other personal information obtained or maintained by a municipality or other public entity in administering a community well-being check program, except that a participant's personal information, including health information, may be made available to first responders only as necessary to implement the program.

Other statutory exclusions The most troublesome general exemption contained in the FOAA is the exemption for records otherwise designated confidential by statute. Court-derived exclusions, common law prohibitions, recognized privileges against disclosure Statutory exceptions to the FOAA are to be narrowly construed in favor of public access.

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