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A judge had ruled that parts of a closed-door committee meeting were illegal when discussion strayed to public budget matters.

— By KELLEY BOUCHARD, Staff Writer September 7, 2007

The Portland School Committee has asked the Maine Supreme Judicial Court to review a judge's recent decision requiring the release of notes taken during a July 25 executive session.

The committee's lawyer, Melissa Hewey of Drummond Woodsum in Portland, filed the appeal Thursday in Cumberland County 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.

The committee agreed Wednesday to have Hewey challenge Cole's ruling. Thursday was the deadline to appeal.

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.

Hewey's appeal asks Maine's high court to decide whether Cole was mistaken in concluding that portions of the meeting were illegal and that certain paperwork from the meeting are public records under the Freedom of Access statute.

Hewey told committee members Wednesday that Drummond Woodsum would not charge litigation fees related to the appeal, beyond its usual monthly retainer, because the case is "very, very important."

Sigmund Schutz, the newspaper's attorney, said it's unfortunate that the committee decided to challenge Cole's ruling and continue to keep secret information that should have been public from the start.

Schutz said he believes Cole's ruling is correct and hopes that the case can be settled quickly. No hearing date has been set.

The case piqued the interest of the Legislature's Right to Know Advisory Committee, which is set to consider whether public boards should be required to take minutes in executive sessions.

Maine is one of the few states where public bodies are not required by statute to keep minutes.

Staff Writer Kelley Bouchard can be contacted at 791-6328 or at:

kbouchard@pressherald.com