The issue of confidentiality of legislative documents arises frequently: The members of the media want to know
what bills particular legislators may be sponsoring; lobbyists want to be prepared to represent the interests of
their clients; legislators are interested in knowing about upcoming legislation.
Maine’s Freedom of Access Law (1 MRSA §401 et seq.) acknowledges the right of the public to obtain access
to governmental records, but provides that records, working papers and interoffice and intraoffice memoranda “used
or maintained by any Legislator, legislative agency or legislative employee to prepare proposed Senate or House
papers or reports for consideration by the Legislature or any of its committees” are confidential. The statute
provides confidential status to those records only during the legislative session or sessions in which the records
are used. Thus, for example, when the First Regular Session of the 119th Legislature adjourns sine die, all legislative
files from that session (other than files on bills carried over to the next session) will be open for public inspection.
Files maintained for legislators by the nonpartisan staff offices are held confidential during the legislative
session, though any legislator may make public at any time any portion of his or her own file.
Because committee meetings are public proceedings under the Freedom of Access Law, they are open to the public
and public notice is required. According to Legislative Council policy, materials presented during public proceedings
no longer have confidential status. Materials presented to committee members outside of public meetings, however,
are considered confidential until such time as they are discussed in a public forum, presented to the Legislature
or released by a member of the committee