Me. Rev. Stat. » Title 1

Me. Rev. Stat. tit. 1, § 403

Meetings to be open to public; record of meetings

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1.  Proceedings open to public.  Except as otherwise provided by statute or by section 405, all public proceedings must be open to the public and any person must be permitted to attend a public proceeding.  
[PL 2011, c. 320, Pt. C, §1 (NEW).]
2.  Record of public proceedings.  Unless otherwise provided by law, a record of each public proceeding for which notice is required under section 406 must be made within a reasonable period of time after the proceeding and must be open to public inspection. At a minimum, the record must include:  
A. The date, time and place of the public proceeding;   [PL 2011, c. 320, Pt. C, §1 (NEW).]
B. The members of the body holding the public proceeding recorded as either present or absent; and   [PL 2011, c. 320, Pt. C, §1 (NEW).]
C. All motions and votes taken, by individual member, if there is a roll call.   [PL 2011, c. 320, Pt. C, §1 (NEW).]
[PL 2011, c. 320, Pt. C, §1 (NEW).]
3.  Audio or video recording.  An audio, video or other electronic recording of a public proceeding satisfies the requirements of subsection 2.  
[PL 2011, c. 320, Pt. C, §1 (NEW).]
4.  Maintenance of record.  Record management requirements and retention schedules adopted under Title 5, chapter 6 apply to records required under this section.  
[PL 2011, c. 320, Pt. C, §1 (NEW).]
5.  Validity of action.  The validity of any action taken in a public proceeding is not affected by the failure to make or maintain a record as required by this section.  
[PL 2011, c. 320, Pt. C, §1 (NEW).]
6.  Advisory bodies exempt from record requirements.  Subsection 2 does not apply to advisory bodies that make recommendations but have no decision-making authority.  
[PL 2011, c. 320, Pt. C, §1 (NEW).]
SECTION HISTORY
PL 1969, c. 293 (AMD). PL 1975, c. 422, §1 (AMD). PL 1975, c. 758 (RPR). PL 2009, c. 240, §1 (AMD). PL 2011, c. 320, Pt. C, §1 (RPR).
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Notes of Decisions
Cited in 19 cases (1 in the last 5 years), 1988–2022 · leading case: Dow v. Caribou Chamber of Commerce & Industry
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Dow v. Caribou Chamber of Commerce & Industry (2005) me · cites it 2× “§ 403 requires that “all public proceedings shall be open to the public, any person shall be permitted to attend any public proceeding and any record or minutes of such proceedings that is required by law shall be made promptly and shall be open to public inspection.” 1 M.R.S.A.…”
Marcel Dubois v. Town of Arundel (2019) me · cites it 2× “See 1 M.R.S. § 403(1) (2017); see also 1 M.R.”
DuBois v. Town of Arundel (2019) me · cites it 2× “See 1 M.R.S. § 403(1) (2017) ; see also 1 M.R.”
Great Northern Paper, Inc. v. Penobscot Nation (2001) me “1 M.R.S.A. § 403 (1989). Second, it requires that the public be given access to all public records.”
Hughes Bros., Inc. v. Town of Eddington (2016) me “” 1 M.R.S. § 403(1). The Legislature has stated that the broad purpose of the FOAA is to ensure that government entities’ “actions be taken openly.”
Robert Duffy v. Town of Berwick (2013) me “See 1 M.R.S. §§ 403(1), 405 (2012) (providing for nonpublic deliberations conducted during executive session or "as otherwise provided by statute”).”
Martin v. Unemployment Insurance Commission (1998) me · cites it 2× “” 1 M.R.S.A. § 403 (1989). Where the proceedings are open to the public, the Act provides that: [A]ll persons shall be entitled to attend public proceedings and to make .”
Underwood v. City of Presque Isle (1998) me “See 1 M.R.S.A. § 403 (1989). The requirement that all public proceedings be open to the public reflects the Legislature’s intent in adopting the Act, set forth at section 401: The Legislature finds and declares that public proceedings exist to aid in the conduct of the people’s…”
Chase v. Town of MacHiasport (1998) me “” [¶ 7] The Chases assert that the Commissioners violated the Freedom of Access Act by holding secret deliberations, see 1 M.R.S.A. § 403 (1989), and by failing to provide a written record explaining the reasons for their decision.”
Lewiston Daily Sun, Inc. v. City of Auburn (1988) me · cites it 2× “The Act mandates that "all public proceedings shall be open to the public," 1 M.R.S.A. § 403, and defines "public proceedings" comprehensively as the transactions of any functions affecting any or all citizens of the State by any of the following: A.”
Marxsen v. Board of Dir., MSAD No. 5 (1991) me “1 M.R.S.A. § 403 (1989) provides: Meetings to be open to public Except as otherwise provided by statute or by section 405, all public proceedings shall be open to the public, any person shall be permitted to attend any public proceeding and any record or minutes of such…”
Scola v. Town of Sanford (1997) me “” 1 M.R.S.A. § 403 (1989). Section 406 requires that public notice be given of all public proceedings.”
Show all 19 citing cases →
— Me. Rev. Stat. tit. 1, § 403(1) — 5 cases
Marcel Dubois v. Town of Arundel (2019) me “See 1 M.R.S. § 403(1) (2017); see also 1 M.R.”
DuBois v. Town of Arundel (2019) me “See 1 M.R.S. § 403(1) (2017) ; see also 1 M.R.”
Hughes Bros., Inc. v. Town of Eddington (2016) me “” 1 M.R.S. § 403(1). The Legislature has stated that the broad purpose of the FOAA is to ensure that government entities’ “actions be taken openly.”
Robert Duffy v. Town of Berwick (2013) me “See 1 M.R.S. §§ 403(1), 405 (2012) (providing for nonpublic deliberations conducted during executive session or "as otherwise provided by statute”).”
Sacco v. New Gloucester (2016) mesuperct
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