Lincoln County administrator Jim MacMahon has apparently changed his mind about one section of Maine's Right to Know law.

After the September 4 county commissioner's meeting, the Wiscasset Newspaper questioned MacMahon about an agenda item calling for an executive session. The agenda item called for an executive (closed) session to "to discuss hiring, assignment, compensation and duties of the position (s)" which is included in Section 405 6A of the Freedom of Access Act.

The complete wording of 405 6A is, "Discussion of consideration of the employment, assignments, duties, promotion, demotion, compensation, evaluation, disciplining, resignation or dismissal of an individual or group of public officials, appointees or employees of the body or agency or the investigation or hearing of charges or complaints against a person or persons subject to the following conditions:" "(1) an executive session may be held only if public discussion could be reasonably expected to cause damage to the reputation or the individual's right to privacy would be violated; (2) Any person charged or investigated shall be permitted to be present at an executive session if he so desires; (3) Any person charged or investigated may request in writing that the investigation or hearing of charges or complaints against him be conducted in open session. A request if made to the agency must be honored; and (4) Any person bringing charges, complaints or allegations of misconduct against the individual under the discussion shall be permitted to be present. This paragraph does not apply to discussion of a budget or budget proposal."

In two conversations, one with the newspaper's reporter and the second with the newspaper's editor, MacMahon said he did not have to cite one of the four conditions.

The newspaper checked with Jonathan Piper, the attorney for the Maine Press Association, who said McMahon is wrong in his interpretation of the law. Told of Piper's interpretation, MacMahon maintained his interpretation was correct, and said he would put it on the agenda for the commissioner's September 18 meeting.

This week the newspaper also checked with two town managers, and a former town administrator to see how they interpret that section of the law. They all agreed with Piper's interpretation, that one of the conditions should be referenced. Brunswick Town Manager Donald Gerrish said before his town goes into executive session they also include the condition in the motion.

Wiscasset Town Manager Arthur Faucher said, "The conditions are a guide that must be used to identify the need to go into an executive session."

Former Town Administrator Lloyd Coombs of Woolwich also agreed that a motion to go into executive session must include a condition.

MacMahon read a two-page statement at the September 18 commissioner's meeting saying that since there has been no case law on the matter, "Mr. Piper is being a bit disingenuous when he says I am wrong."

His written statement disagreed slightly from what he told the newspaper last week. He said that for the first part of the sentence, beginning "Discussion or consideration…" only (1), the first condition, applied. But in the second part of the sentence, beginning "or the investigation or hearing of charges," all four conditions applied.

Afterwards, the newspaper reporter said she "respectfully disagreed," saying that if the session is to be closed to avoid damaging people's reputations or invading their privacy, that should be specified, as it is in the law, by referencing it.

MacMahon then said if that was the only problem the newspaper had, he would cite this in the future.

"I'm glad we had this discussion," Commissioner Bill Blodgett said.

In a recent lawsuit over public access which was won by the Portland Press Herald/Maine Sunday Telegram in which the Portland School Committee broke the law by meeting privately to discuss a budget deficit, Piper said, "Entities like the paper have to do this from time to time to remind boards and bodies that is a Freedom of Access law."

A new law passed in the first session of the 123 rd Legislature, which ended in June, requires certain town and city officials to complete a training course in Maine's Freedom of Access Act (FOAA) known as the Right To Know law.

Included are "elected officials who exercise executive or legislative powers such as selectmen, councilors, and school board members."

They take the course no later than 120 days after they take their oath of office. Officials who are in office on July 1, 2008 will have until November 2008 to complete the course.

The new course must be approved by the Right to Know Advisory Committee, a standing advisory committee created by the Legislature in 2003. The committee will be responsible to develop the criteria for the training, according to Maine Municipal Association spokesman Michael Starn.

Many of Maine's elected and appointed officials will be attending the 71 st annual Maine Municipal Association (MMA) convention in Augusta October 3-4. A modified version of the "Elected Officials Workshop" will be offered. Ordinarily presented in the spring and late fall, the workshop gives an overview of Maine municipal government on important issues that will help them in their positions. The topics that will be covered in the modified version will be the Right-to-Know law, municipal liability, home rule, conflict of interest and much more