State law requires that public officials cite the particular section of the state's Freedom of Access Act which allows them to close a meeting. The third item on the agenda listed Pulitzer Board Associates and SMRT, both consulting companies for the authority, and two sections of the law which permit an executive session: 405 (6) A refers to personnel; and 405 (6) E refers to a public body's consultation with their attorney.

Following the executive session, the authority reached an agreement on Pulitzer Bogard Associates, but not on SMRT. Both firms wanted changes to their contracts, which called for additional money.

The Wiscasset Newspaper questioned the grounds for holding the talks in closed session because the firms are not public officials or public employees, 405(6) A, and their attorney was not present, 405 (6) (E).

Contacted last week, Applebee said he thought both of the sections applied, but agreed to check into it.

"I have to say that you are right," Applebee said in a phone call to the newspaper on Tuesday, referring to 405 (6) A.

And on 405 (6) E, Applebee said, "We were talking about negotiating strategies in regard to SMRT, for potential litigation, but I was not aware of the requirement for the attorney to be present."

"It was my error," he said.