AUGUSTA, Maine — The Legislature’s Judiciary Committee approved an amended bill Tuesday that would make the governor’s working papers off limits to the Freedom of Access Act.

The bill, LD 1805, was drafted by the governor’s office in response to a flood of broad FOAA requests last year but also in part to afford the governor the same exemption lawmakers enjoy. Working papers include reports, drafts, internal memoranda and similar material.

All Republicans on the Judiciary Committee voted for the bill and Rep. Charles Priest, D-Brunswick, joined them. The remaining Democrats and independent Sen. Richard Woodbury of Yarmouth voted against it.

It now goes to the House and Senate for votes.

During a public hearing on the bill last month, LePage’s deputy counsel, Michael Cianchette, was the only person to speak in favor of it. He said the proposal is needed to ensure that decisions can be weighed and considered candidly before they are made public. Without that exemption, Cianchette said, the governor and his staff likely would stop creating records for fear that they might be made public. Under the bill, the working papers would not be made public until the governor chose to distribute them or until the adjournment of the legislative session for which the proposed legislation, reports and papers were prepared.

Many criticized the bill for fear that it would allow the governor’s office to operate in secret.

“It’s ironic that the judiciary committee would approve a rollback of Maine’s sunshine laws during Sunshine Week,” said Shenna Bellows, executive director of the American Civil Liberties Union of Maine, referring to an annual celebration of freedom of access laws across the country. “This bill does not fix the fundamental problem of giving the governor too much secrecy.”

The bill was amended in committee to restrict the exemption only to the governor and his staff. Before, the language was vague and could have been interpreted to include cabinet members. It also now includes a sunset provision that would have the exemption expire by August 2013.

“It’s less extreme, but it’s still not good,” Bellows said.

Most who testified last month against the bill were members of the media.

Longtime State House reporter Mal Leary, who reports on a freelance basis for the Bangor Daily News, said the proposed law would put Maine “far outside the norm for access to records of state governors.” Only six other states have this type of exemption.

Already, state law provides certain exemptions and Leary argued that the exemptions should apply to the record itself, not the custodian of that record.

He also shared a quote from a campaign interview he conducted with LePage before the 2010 election.

“If I’m elected governor, we’re going to be so open, even you will be amazed,” the governor said.

Under Maine statute, official records of the Legislature itself are subject to the Freedom of Access Act. However, all 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.

By comparison, records of the executives, such as governor, mayor or commissioner of a department, are subject to the FOAA 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.

The exemption was first proposed last summer in a letter sent by LePage to members of the right-to-know advisory committee. In it, the governor said he believed that “an open government is an honest government.” However, the governor also said he had concerns about what constitutes government business.

“We have received [FOAA] requests for all grocery receipts from the Blaine House,” he wrote. “The staff of the Blaine House conducts the shopping — it is not something I involve myself in. I understand that taxpayers have a legitimate right to know the amount of money being spent in their house, but the intimate details of our diet goes far beyond funds and into the private details of my family’s life.”

LePage also said he believes some people have been abusing Maine’s FOAA for political purposes.

Join the Conversation

88 Comments

  1. I don’t agree with this but am also for releasing the names of all government welfare spending recipients with the amounts.

      1. What about the public employees’ whose salaries were made public by Maine Heritage? What happened to their rights as private citizens?

        1. They’re public employees and their salary is public record so the public can keep the government honest. The situation is different for someone receiving benefits for disability and medical, as they have a greater right to privacy.

          What next, suggest that everyone’s tax return be available for public inspection so we can see how much taxes people are paying or how much they’re getting back?

      2. They really can’t be considered private citizens, can they.  More like public citizens.  My right to keep the pay I earn trumps any perceived right by progressives to confiscate it and then redistribute it to folks that think and vote the way they do.

    1. Why? Please tell me I’m misunderstanding your intentions. Do you want to publicly flog people for receiving funds that our government says they are entitled to? If you’re not happy with welfare you need to go to the source that is providing it. People on welfare are either already feeling shame because they have to have it and will be hurt and stigmatized by what you are suggesting, or they don’t feel shame and won’t be bothered. If you are interested so that you can make judgments and point fingers I hope you will rethink your stance. It’s not healthy. If you want to know about other people’s financial situation you can go pick up some town reports. They will tell you who’s behind on their taxes and will probably give you names of people you know  to talk about and judge. Go you.

      1. Publicly flog people?  Are you kidding me?  Whatever.  I’d like to know where the $20k per year in taxes I’m paying ends up.  It is called being fiscally responsible.  Something foreign to the tax and spend, borrow and spend, spend and spend, and borrow and spend crowd.  No doubt.  My opinion is that it shouldn’t be easy to be non-productive but appreciably consumptive.

    1. Well there’s that, also I think he doesn’t want us to see his papers because there’s no way even he can lie about his inability to spell and use good grammar.  I’m guessing he writes worse than he speaks…YIKES!

    2. This has the stink of conspiracy written all over it. “Transparency”???? You’re a real piece of work governor. You will become powerless in November, when your pals are voted out of office.

  2. Wrong answer!! What is LePage hiding?

    Enjoy your stay in Augusta… next election will get the state back on track!!

      1. It can’t come soon enough!

        Why should the governor of Maine be allowed to play by different rules than other government figures? I don’t agree with this at all, but it might be less disturbing if I had any trust in our current governor’s intentions and/or abilities.  As it is I find it deceitful and scary. It’s one more move in the wrong direction.

    1. {{ Without that exemption, Cianchette said, the governor and his staff likely would stop creating records for fear that they might be made public.}}

      This is the reason to oust all Republicans .

      They lie and make laws to cover them up with!

  3. Transparency in government?  If it wasn’t so pathetic it would be hilarious.  Besides what makes anyone think they could plumb the depths of the governor’s thinking anyway?

  4. I’m quite sure that there’s nothing especially meaningful in the records anyway.  I mean, we know what we’re dealing with.  I would be interested to know how much money is being spent on alcohol in the Blaine house.  For no particular reason.

    1. The transparancy he was talking about was the all out attempt to uncover anything and everything that the previous administration may have done.

      He didn’t mean HIS administration!

  5. Shame, whatever happened to the pledge for open transparent government the republican legislators and candidate sold to Maine people during the campaign. This one will cost you!

      1. According to the spokesperson for LePage, they do “not discourage” requests for information about the governor.  As quoted in a piece by the MHPC criticizing a news story that has not been published, written, or fully researched, Adrienne Bennett said, “This Administration does not discourage the freedom of access to information. However, when David Hench of the Portland Press Herald asked me if the Governor had been pulled over while driving and my response was no, the answer appears to have not been enough for him. Instead, MTM pushed on, filing a freedom of information request with the Office of the Governor and Waterville Police.” http://www.themainewire.com/2012/03/smear-machine-left-wing-superpac-portland-press-herald-chase-lepage-rumors/

        1. I’ll take David Brock and Media Matters over The Maine Wire any day. I’m looking for the truth, not corporate tea-potty spin.

        2. I’m impressed that MTM did this.  Perhaps investigative journalism is making a comeback?  

        3. Remember, the Dept of Motor Vehicle only looks back 10 years into a driver history request.

          You have to specifically ask them to go ALL the way back.

    1. Guess that was all just another LIE to get a few extra gullible people to vote for him. Have we all learned our lesson about Mr. LePage yet? How much clearer does he have to make it? He’s a liar and liars tell lies.

  6. Awfully coincidental isn’t it that the same day that the State Supreme Court get’s their security funding that LePage get’s his secrecy bill passed without any comment by the Judiciary Committee ? I wonder, how many times does one have to catch a .45 Colt bullet in the head before you realize that it’s not a real good idea ? Secret Government is suppossed to be something that the GOP is fanatically against. If so then who’s masquerading here as the GOP ’cause they sure aren’t anywhere to be seen or heard.

      1. Don’t forget his daughter Lauren……..the soon to be next commish of DHHS when he gives Mayhew the heaveho for making him look bad with that computer problem.

  7. typical you scratch my back ill scratch yours and then make a job for one of your relatives i didnt really want to see hen scratching and tic tac toe on paper anyway and anything taxpayers money is spent on should be public knowledge even if the twinke bill is kinda high

  8. Village Soup is toast, LaPages’s working scribblings are confidential, MPBN is defunded and agency communication directors are soon to be appointed positions.  Why am I beginning to feel like a mushroom?

  9. Well at least this bill will free up some of his daughters time.
     
    She wont have to hang out at the shredder 24/ 7 anymore.
     
    That will give her more time to take incoming Faxes from Anonyamous Art Critics!

  10. So the little Koch-puppet doesn’t want people to see the strings that ALEC, MHPC, etc., use to make him dance to their tune? Or the “contributions” he recieves from the out of state donors? Or to have a record of his manipulations of fact, or his bullying? Too late, we all know already. With the records sealed he’ll never be able to prove his innocence, so we are safe to assume he’s guilty.

  11. So much for Mr. Honesty’s pledge to have “the most transparent administration ever.” Yet one more reason to clean House this November. How stupid can one crook be?

  12. LePage believed that “an open government is an honest government.”   And, with this initiative, he is closing the door of his government. Which means his is not an honest one!  Like that’s a big surprise.

  13. I can’t imagine that this classless person would give a rats butt what he was thinking, planning etc. He does and says anything anyway……..he obviously has no respect for himself or anyone else. So why waste your time on a bill to keep anything secret? His mouth tells it all when he opens it up.

  14. Why is the governor unwilling to share the work he is paid
    to do?

    Did he not pay attention in math class when told to “show
    your work?”

    As we read about and watch events unfold across this country
    we see other “LePage-like” governors championing similar legislation.

    We have two different governments occupying the same domain.
    We have a group of extreme governors and their extreme congressional representatives
    who are always working 180 degrees in opposition to the federal government. In
    these states legislation is controlled on a national level and laws are written
    by corporate interests. For example, laws on voter ID, access to contraception,
    women’s healthcare and all healthcare, tax-breaks for the rich, cutting
    regulations – all happening in a coordinated effort, conducted by this extreme
    group.

    No wonder LePage is remiss about letting others see what he’s
    up to, either that or the only thing on the papers are random doodles and incoherent
    scribbling.  

  15. If this were a Democrat and this law were being passed would you be so sure that it was right.
    Somehow I think not.   You would be screaming from the highest hill calling for him to resign etc. come on now admit it.

    1. I think I am going to ask for an interview from him, just fake my journalism credentials, and get him on a recorded broadcast, ah heck a live one and ask him to read the definition of transparent after he sees a video of himself telling us when he was running the Gov’t would be more transparent, and then ask him if he can look up liar, and then clarify what his objectives really are, which seem to be abuse of power, anything that favors his agenda, collecting money he doesn’t earn nor deserve and how much longer the thinks he is keeping the Blaine House occupied.

          1.  Apparently Naran believes LePage would illegally jail a citizen just for asking questions and making a perfectly legal recording.

            She may be right.

  16. The legislature already acts in this manner..

    “All 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. ”  

    The papers will not be ‘kept’ secret…
    “the working papers would not be made public until the governor chose to distribute them or until the adjournment of the legislative session for which the proposed legislation, reports and papers were prepared.”

    If you want to vent your anger vent it at all of them.

  17.  Lepage doesn’t want the people of Maine to know all the back door deals he is making with his pals in Canada. 

      1.  It’s nothing personal. I’m sure it’s nothing person when Canadian companies or the Canadian government lie cheat and steal from American’s  either. 

    1. I hear there is some fine print in this, where Canadians will have access to this information but Mainers will not.

  18. How quickly everyone forgets Baldy’s closed door sessions and working in the middle of the night in secrecy

  19. And this will create jobs and bring business to Maine… how?  Will LePage ever do anything useful?

    1. I will give you the answer to your question, but first, I need to see some ID (sorry just trying to get adapted to the future BS we can expect out of this administration)

    1. For ONCE!   he has his mouth available for viewing,   usually,    his foot is in the way.

  20. Our Great Governor Paul LePage has done us right here in Maine. Not only did he have to flush  from the past 3o/40 years of liberlism he had to plunge … He is doing way better than expected from what he had to work with… Thank You Great Governor Paul LePage!!!! (-;

    1. You really don’t know what else to say do you?    …….    You have no idea regarding what this man does,  how he conducts himself, or care what he proposes.     I’m trying really hard to determine which one of you is the real fake,  Obviously, neither of you understand that government is for the benefit of the people,  not those who are TEMPORARILY sitting at a desk.     

  21. MY VERK IZ ZIN ZEKRET!!!! YOU VILL DO ZAZ I ZAY VIZOUT KWESTION!!! Som much for all that transparency…A ROBthePUBLICan goon elected by a handful of desperate souls is given extraordinary secrecy protection by other ROBthePUBLICan goons.

  22. This is in reference to Paul Lage going to China.. this will be on the NBC news tonight. 
           
    NBC Nightly News with Brian Williams China locks up critics in secret detention centers.           Carefor what you say  LePage   Maine is to broke to come bail you out..  

  23. The bangor daily liberal news actually found a pleasant photo of our Gov. Wonders will never cease,could this possibly be the beginning of a shift somewhere towards center.It’s been a few years since ive spent money on the paper but would love to renew my subscription .One can hope I guess.

    1. I wouldn’t renew it knowing a week won’t go by with any photo of LePage in it all the time and some story about his lies any other media source can tell me for free on my TV

  24.  It’s becoming more obvious all the time that LaPudge doesn’t have much under control, he doesn’t have his mouth under control, he doesn’t have his appointees under control, he doesn’t have DHHS under control, he doesn’t have the legislative process under control.  He’s been governing by chance in accordance with his tea bag philosophy, and as has been the case in Washington, other states and Maine, the philosophy is weak at best.  

  25. “We have received [FOAA] requests for all grocery receipts from the Blaine House,” he wrote. “The staff of the Blaine House conducts the shopping — it is not something I involve myself in. I understand that taxpayers have a legitimate right to know the amount of money being spent in their house, but the intimate details of our diet goes far beyond funds and into the private details of my family’s life.”

    ********************

    This is the kind of nonsense prompting the Governor to seek the bill exempting his private papers from public scrutiny. Does anyone really care what kind of laundry detergent the Blaine House uses? Is the knowledge worth staff time and state money?

    The working papers related to legislative action or his work as Governor will be made public, either when a bill is passed, or the current Legislative session expires.

    The grocery receipts are nobody’s business.

    1. If LaPlague said it, I won’t believe it. If I read it on the Maine Wire, I definately won’t believe it. Nothing but spin.

  26. One of the local papers did a lifestyles section report on the Blaine House head chef. and household staff. There was no politics in it. It was purely a human interest piece.

    They requested  specific information of what groceries and other household items were bought as background for that story.

    This request keeps getting trotted out over and over again as if it was a nefarious plot to learn personal things about the governor.

    What a childish attempt to frame an argument with meaningless drivel.

    In any case neither of those items are working papers so that request would still have to be fulfilled even if the “let LePage hide from the taxpayers” bill becomes law.

  27. This Governor just keeps backtracking on his campaign promises every chance he gets.  The only clear result from the last election is that the Republicans get to bully people, agencies and issues for a couple of years.

    And at this point, I’d have to say that Cutler would have done the same thing on secrecy.

    Where the heck is the Tea Party and all those principles they talked about? Too much cool-aid in the kitchen I think.

Leave a comment

Your email address will not be published. Required fields are marked *