Me. Rev. Stat. » Title 1

Me. Rev. Stat. tit. 1, § 401

Declaration of public policy; rules of construction

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The Legislature finds and declares that public proceedings exist to aid in the conduct of the people's business. It is the intent of the Legislature that their actions be taken openly and that the records of their actions be open to public inspection and their deliberations be conducted openly. It is further the intent of the Legislature that clandestine meetings, conferences or meetings held on private property without proper notice and ample opportunity for attendance by the public not be used to defeat the purposes of this subchapter.   [PL 1975, c. 758 (RPR).]
This subchapter does not prohibit communications outside of public proceedings between members of a public body unless those communications are used to defeat the purposes of this subchapter.   [PL 2011, c. 320, Pt. B, §1 (NEW).]
This subchapter shall be liberally construed and applied to promote its underlying purposes and policies as contained in the declaration of legislative intent.   [PL 1975, c. 758 (RPR).]
SECTION HISTORY
PL 1975, c. 483, §1 (AMD). PL 1975, c. 758 (RPR). PL 2011, c. 320, Pt. B, §1 (AMD).
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Notes of Decisions
Cited in 79 cases (7 in the last 5 years), 1978–2024 · leading case: Blethen Maine Newspapers, Inc. v. State
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Blethen Maine Newspapers, Inc. v. State (2005) me · cites it 6× “" 1 M.R.S.A. § 401 (1989). The public's interest in knowing what its government is up to surely extends beyond the specific concern of governmental impropriety considered in Favish .”
MaineToday Media, Inc. v. State of Maine (2013) me · cites it 3× “” 1 M.R.S. § 401; see Citizens Commc’ns Co.”
Great Northern Paper, Inc. v. Penobscot Nation (2001) me · cites it 3× “, Georgia-Pacific Corporation, and Champion International Corporation filed a complaint pursuant to the Freedom of Access Act, 1 M.R.S.A. §§ 401 — 410, seeking certain documents in the Tribes’ possession.”
Town of Burlington v. Hospital Administrative District No. 1 (2001) me · cites it 2× “" 1 M.R.S.A. § 401 (1989). The purpose of FOAA is to open public proceedings and require that public actions and records be available to the public.”
Hughes Bros., Inc. v. Town of Eddington (2016) me · cites it 2× “[¶’1] In this appeal involving Maine’s open government laws, we consider the sometimes competing statutory goals that (1) provide for government meetings to be open to the public, see 1 M.R.S. § 401 (2Ó15), and (2) guard the authority of government officials to receive legal…”
Anastos v. Town of Brunswick (2011) me · cites it 3× “2d at 861 , mindful of the Legislature’s mandate that FOAA should be liberally construed, 1 M.R.S. § 401 (2010). 6 See Citizens Commc’ns Co.”
Wawenock, LLC v. Department of Transportation (2018) me “, 1 M.R.S. § 401 (2017) ; 9-A M.R.S. § 1-102(2) (2017) ; 18-A M.”
Underwood v. City of Presque Isle (1998) me · cites it 3× “1 M.R.S.A. § 401 (1989). Section 401 further provides that the Act “shall be liberally construed and applied to promote its underlying purposes and policies as contained in the declaration of legislative intent.”
Dow v. Caribou Chamber of Commerce & Industry (2005) me · cites it 2× “1 M.R.S.A. § 401 (1989); Town of Burlington, 2001 ME 59, ¶ 13 , 769 A.”
Terrence E. Pinkham v. Department of Transportation (2016) me · cites it 2× “3d 104 (quotation marks omitted); see 1 M.R.S. § 401. To that end, FOAA sets out the general rule as to documents that “[e]xcept as otherwise provided by statute, a person has the right to inspect and copy any public record in accordance with this section within a reasonable…”
Doe v. Department of Mental Health, Mental Retardation, & Substance Abuse Services (1997) me · cites it 4× “[¶ 6] The Maine Legislature has determined that public records are to be "open to public inspection," 1 M.R.S.A. § 401 (1989), and, through the enactment of the Freedom of Access Act, 1 M.”
Wexford County Prosecutor v. Pranger (1978) michctapp · cites it 2× “102, § 41 (1973); Me. Rev. Stat. Ann. tit. 1, § 401 (1964); Nev.”
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