From: Kathy Russell <firstname.lastname@example.org>
Sent: Wednesday, June 26, 2019 8:01 PM
To: Bennett, James <James.Bennett@Biddefordmaine.org>; Bennett, James <James.Bennett@Biddefordmaine.org>
Subject: FOIA request
This is a FOIA request for all electronic and hand written notes taken at the Citizens meeting tonight from 6:00-7:30. Request includes all notes created by city staff and council members. If the city made an audio recording of the meeting, please include that, too.
Assuming this will not take more than 2 hours to respond. Please advise if it does.
Sent from my iPhone
From: Bennett, James
Sent: Monday, July 1, 2019 2:41 PM
To: 'Kathy Russell' <email@example.com>
Subject: RE: FOIA request
Sorry for the delay. I needed to confer with Keith prior to responding. Here is his response:
“I have given some thought to our discussion regarding the FOAA request arising from the general meeting of the citizens. At the outset, the general purpose of the Freedom of Access Act is to assure public access to both public proceedings and public records of governmental entities transacting governmental functions. While the council under the charter is directed to schedule the meeting upon receipt of a petition signed by 100 qualified voters of the City that is the extent of their role. The citizens meeting is not a city council meeting or other public proceeding. Councilors are not required to attend the meeting and a quorum of the council is not necessary. The moderator is selected by the citizens and not by the council. In essence, a public official attends the meeting as a private citizen. A councilor’s notes, therefore, are not public records subject to a FOAA request any more than the notes of other citizens attending the meeting.”
James A. Bennett, ICMA-CM
Please note the change in email address to James.Bennett@biddefordmaine.org
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Under Maine's Freedom of Access ('Right to Know") law, all email and email attachments received or prepared for matters concerning City business are likely to be regarded as public records which may be inspected by any person upon request, unless otherwise made confidential by law. If you have received this message in error, please notify this office immediately by return email. Thank you in advance for your cooperation.
City of Biddeford, Maine