"I'll support an appeal but I'm concerned about perception," said board member Peter Eglinton after attorney Melissa Hewey of Drummond Woodsum laid out the legal case for the board and encouraged an appeal.
"The language is so broad, it puts you in a box," said Hewey. "You do yourselves a disservice by not taking the next step."
The deadline for filing an appeal is today.
Superior Court Justice Roland Cole ruled on Aug. 21 that parts of the closed-door committee meeting, held during an ongoing financial and management crisis, were illegal when discussion strayed from protected personnel issues to public budget matters. The Portland Press Herald/Maine Sunday Telegram challenged the legality of the private meeting under the state's Freedom of Access Act.
Cole ordered the committee to release budget-related notes taken during the meeting by two members and its attorney, Harry Pringle of Drummond Woodsum, as well as a written statement from Superintendent Mary Jo O'Connor that was distributed at the meeting.
"It's unfortunate for the public. We'll remain in the dark until this is decided," said Sigmund Schutz, the newspaper's attorney, of the committee's decision to appeal. "We think that the judge who heard the case got it right and we will vigorously defend his ruling."
On Wednesday, Hewey said she would appeal the entire ruling. Schutz said he would ask that the case be expedited.
"It's an important issue on both sides," Hewey said. "These are issues that we need an answer to all over the state."
The committee did not take a vote Wednesday, and only a few members made comments, all in favor of an appeal. Hewey told members that Drummond Woodsum would not charge litigation fees beyond its usual monthly retainer because of the "very, very important" nature of the case.
Hewey argued that the documents were off-limits because the meeting was lawfully private and dealt with personnel issues. The committee members' notes, she argued, were personal and beyond the scope of the state's access law, and the attorney's notes should be confidential under the work-product doctrine, which allows public agencies to withhold certain documents in anticipation of lawsuits.
Justice Cole did allow redaction of some of the attorney's notes, including those that refer to resignation or disciplinary discussions.
The controversy has piqued the interest of the state's Right to Know Advisory Committee, which will take up the question of whether taking minutes should be required when public bodies go into executive sessions. Maine is one of the few states where public officials are not required to keep minutes.
Staff Writer Noel K. Gallagher can be contacted at 324-4888 or at:
ngallagher@pressherald.com
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