ALFRED – The town of Kennebunk is asking a York County Superior Court judge to conduct a private review of a report that is at the forefront of a civil complaint filed by Kennebunk resident John Costin, who alleges the town wrongly denied him access to it.
The report Costin is seeking stems from an assessment of a Kennebunk Committee on Aging meeting.
The town is also asking that the civil complaint, which is an appeal of governmental action, be denied.
Kennebunk, through attorney Natalie Burns, is asking the court to review the report in camera, or in private, because, the town claims the information contained within it pertaining to personnel information under Maine’s statutes governing municipalities and counties is confidential, and that it is not considered a public record as defined in Maine’s Freedom of Access statutes.
Costin filed the complaint on April 21, alleging the town was wrong when it denied his request to see a report involving the Committee on Aging, whose seven members tendered their resignations to the select board on Nov 9. The committee had earlier determined that “the town committee structure is not an effective vehicle to enable volunteers to work for the older citizens of Kennebunk,” according to the minutes of the committee’s Oct. 14 meeting.
Costin told Kennebunk Human Resources Director Jeri Sheldon on March 22 that he had been told an investigation was conducted into incidents that led to the resignation of the Committee on Aging, and asked for the report.
Sheldon confirmed to Costin by email that there was a written report resulting from an assessment of a Committee on Aging meeting. “However, because the assessment was initiated and conducted due to an employee’s allegations, the assessment process is considered a personnel matter,” Sheldon wrote in a response to Costin. “Because it is a personnel matter, the written report is a confidential personnel record pursuant to Title 30-A, Section 2702 and cannot be released.”
A second email from Sheldon, dated April 7, showed the town was provided guidance from attorney Alyssa Tibbetts, who wrote that Sheldon’s denial of Costin’s request was appropriate. Tibbetts noted that records that pertain to an identifiable employee and contain “any other information or materials that may result in disciplinary action,” are confidential under Maine’s Freedom of Access Act, and that “confidentiality of personnel records under this provision is not limited to complaints against employees.”
Burns noted the only issue in dispute is whether the document falls within the protections of the Maine Freedom of Access Act.
“The town cannot argue its position further without releasing the information it believes to fall within those confidentiality provisions and of course, the Plaintiff can only speculate as to the contents of the document he requested,” wrote Burns. “Further, the town believes the document cannot be redacted because the matters addressed in it are inextricably linked.”
Burns wrote the only way the town can meet its burden to establish a just and proper cause for the denial of Costin’s FOAA request is through the submission of the document, and so filed the motion for the private review.
No hearings have been scheduled on the matter, according to a court clerk.
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