1. Training required. A public access officer and an official subject to this section shall complete a course of training on the requirements of this chapter relating to public records and proceedings. The official or public access officer shall complete the training not later than the 120th day after the date the official assumes the person’s duties as an official or the person is designated as a public access officer pursuant to section 413, subsection 1.

[PL 2021, c. 313, §5 (AMD).]

Terms Used In Maine Revised Statutes Title 1 Sec. 412

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Probate: Proving a will
  • Public access officer: means the person designated pursuant to section 413, subsection 1. See Maine Revised Statutes Title 1 Sec. 402
  • public proceedings: as used in this subchapter means the transactions of any functions affecting any or all citizens of the State by any of the following:
A. See Maine Revised Statutes Title 1 Sec. 402
  • public records: means any written, printed or graphic matter or any mechanical or electronic data compilation from which information can be obtained, directly or after translation into a form susceptible of visual or aural comprehension, that is in the possession or custody of an agency or public official of this State or any of its political subdivisions, or is in the possession or custody of an association, the membership of which is composed exclusively of one or more of any of these entities, and has been received or prepared for use in connection with the transaction of public or governmental business or contains information relating to the transaction of public or governmental business, except:
    • A. See Maine Revised Statutes Title 1 Sec. 402
    2. Training course; minimum requirements. The training course under subsection 1 must be designed to be completed by an official or a public access officer in less than 2 hours. At a minimum, the training must include instruction in:
    A. The general legal requirements of this chapter regarding public records and public proceedings; [PL 2007, c. 349, §1 (NEW).]
    B. Procedures and requirements regarding complying with a request for a public record under this chapter; and [PL 2007, c. 349, §1 (NEW).]
    C. Penalties and other consequences for failure to comply with this chapter. [PL 2007, c. 349, §1 (NEW).]
    An official or a public access officer meets the training requirements of this section by conducting a thorough review of all the information made available by the State on a publicly accessible website pursuant to section 411, subsection 6, paragraph C regarding specific guidance on how a member of the public can use the law to be a better informed and active participant in open government. To meet the requirements of this subsection, any other training course must include all of this information and may include additional information.

    [PL 2019, c. 300, §1 (AMD).]

    3. Certification of completion. Upon completion of the training course required under subsection 1, the official or public access officer shall make a written or an electronic record attesting to the fact that the training has been completed. The record must identify the training completed and the date of completion. The official shall keep the record or file it with the public entity to which the official was elected or appointed. A public access officer shall file the record with the agency or official that designated the public access officer.

    [PL 2019, c. 300, §1 (AMD).]

    4. Application. This section applies to a public access officer and the following officials:
    A. The Governor; [PL 2007, c. 349, §1 (NEW).]
    B. The Attorney General, Secretary of State, Treasurer of State and State Auditor; [PL 2007, c. 349, §1 (NEW).]
    C. Members of the Legislature elected after November 1, 2008; [PL 2007, c. 576, §2 (AMD).]
    D. [PL 2007, c. 576, §2 (RP).]
    E. Commissioners, treasurers, district attorneys, sheriffs, registers of deeds, registers of probate and budget committee members of county governments; [PL 2007, c. 576, §2 (NEW).]
    F. Municipal officers; municipal clerks, treasurers, managers or administrators, assessors and code enforcement officers and deputies for those positions; and planning board members and budget committee members of municipal governments; [PL 2021, c. 313, §6 (AMD).]
    G. Superintendents, assistant superintendents and school board members of school administrative units; and [PL 2021, c. 313, §7 (AMD).]
    H. Officials of a regional or other political subdivision who, as part of the duties of their offices, exercise executive or legislative powers. For the purposes of this paragraph, “regional or other political subdivision” means an administrative entity or instrumentality created pursuant to Title 30?A, chapter 115 or chapter 119 or a quasi-municipal corporation or special purpose district, including, but not limited to, a water district, sanitary district, hospital district, school district of any type, transit district as defined in Title 30?A, section 3501, subsection 1 or regional transportation corporation as defined in Title 30?A, section 3501, subsection 2. [PL 2007, c. 576, §2 (NEW).]

    [PL 2021, c. 313, §§6, 7 (AMD).]

    SECTION HISTORY

    PL 2007, c. 349, §1 (NEW). PL 2007, c. 576, §2 (AMD). PL 2011, c. 662, §7 (AMD). PL 2019, c. 300, §1 (AMD). PL 2021, c. 313, §§5-7 (AMD).
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