NOT Public Records
(from Maine Townsman, "Legal Notes," October 1992)

This Maine Municipal Association publication is presented for "Classroom Use Only."  Its intended use is to stimulate and aid in discussion and role playing within a classroom setting.

Question: What municipal documents are not public records?

Answer: While most documents relating to municipal government are public records under 1 MRSA § 402, there are several exceptions. Some commonly-encountered exceptions are discussed below.

Personnel records, see 30-A MRSA §2702.

This includes records pertaining to an identifiable employee and containing the following: medical information (physical and mental problems); performance evaluations and personal references: credit information, information about the personal history, general conduct or character of members of an employee's immediate family; complaints, charges and accusations of misconduct and replies to same, and other information which may result in disciplinary action.

Resumes, applications, references and other information submitted by a person seeking municipal employment.

Income tax information, see 26 USCS §6103 et seq. MMA Legal Services routinely advises that tax-related information is not public. This includes FICA withholding and other deductions or withholdings.

General assistance, see 22 MRSA §4306.

Concealed weapons applications, see 25 MRSA § 2006.

Poverty abatement applications, see 36 MRSA § 841.

Ambulance and rescue records, including medical records, see 1 MRSA § 402(3)(H)

Juvenile records of municipal fire departments regarding the investigation and family background of a juvenile fire starter, see 1 MRSA § 402(3)(1).

Criminal history and records information, see 16 MRSA § 601 [repealed 1975] et seq. This law covers only certain records held by municipal police departments; you must read the definition section carefully to identify what is and is not confidential.

NEW CASE: In a recent case involving the City of Portland, the Superior Court ruled that notes kept by a City Councilor during an executive session were public records. The notes in question involved matters which were not confidential in the first place, but which were discussed in the executive session. See, Superior Court (Cumberland County), Docket No. CV-92-858 (Sept. 24, 1992).