[HISTORY: Adopted by the Town Council of
the Town of South Berwick 12-11-2006. Amendments noted where applicable.]
The purpose of this policy is to ensure the
dissemination of information in accordance with 1 MRSA § 408.
This policy is not intended to alter the requirements of 1 M.R.S.A.
§ 408 in any way. This policy shall not apply to the Police
Department as legal objectives dictate a separate policy to ensure
the interest of public safety.
[Amended 10-26-2021]
Most documents in the possession of the Town
fall under the category of public information. Many of these documents
are already copied or provided to the requester in a simple fashion.
The Town Clerk has possession of most official records of Town business.
Those records are made available for viewing in the Clerk's office
during regularly posted business hours. Other records or documents
not stored in the Clerk's office will be made available through the
appropriate department. In those instances where a request cannot
immediately be filled due to the need for further research or copying,
the following steps shall be followed:
A.
If only one employee is available, that employee should
ask the requester to come back at a time (preferably on the same or
next business day) when there will be a second employee available.
The requester may view documents one at a time without supervision,
but may only view an entire file or records book under the supervision
of a Town employee. Files shall be reviewed in the appropriate department.
Copies shall be made by Town employees; the requester may not make
their own copies at Town Hall.
B.
Town employees shall make every effort to comply with
the intent of the "Right to Know" Law, otherwise known as the "Freedom
of Information Act." When an employee is concerned the document being
requested may be confidential under state law, the employee shall
refer the requester to their department head. Further questions may
be clarified by the Town Manager. If there is still concern with regard
to the applicability of the Right to Know Law, MMA legal services
shall be consulted.
C.
Large quantities or subsets of documents shall be
requested using the attached form.[1] This form will allow the appropriate staff member time
to compile the documents and call/e-mail or mail the information to
the requester. As per state law, the requester is not required to
fill out his/her name nor is he/she required to inform why he/she
is looking for the information. This form simply provides a way for
the staff to identify who is being assisted. If the requester does
not wish to be contacted, the staff member shall notify the person
of the approximate date when the documents will be available to be
picked up. In this instance it is suggested the requester call to
confirm the documents are complete.
[1]
Editor's Note: The form is on file in the
Town offices.
D.
To ensure compliance with 1 MRSA § 408,
the Town shall respond in writing to the requester if their request
cannot be fulfilled, if more time is needed to fulfill the request,
or if the Town needs clarification of exactly what records are being
requested. This writing must be provided to the requester within five
business days from the receipt of the request. This letter shall be
attached to the request form, if any, and filed in the Town Manager's
office for future reference. Requests received outside regular posted
business hours shall be considered received at 9 a.m. on the next
regular business day.
Charges for information shall be instituted
as suggested by the State of Maine.
A.
The cost of copying services will be at the state
allowed rate of $0.10 per page.
[Amended 10-26-2021]
C.
The employee or department head must inform the requestor
if the estimated cost is to exceed $25.
[Amended 10-26-2021]
D.
The employee or department head may request payment
in advance if the total cost is estimated to exceed $100.
E.
A department head or Town Manager may waive the fee
if:
