Bangor advisory committee receives Freedom of Access Act training as members debate quorum rules

City Solicitor David (Dave) Stepchak gave a training on the state Freedom of Access Act and related public-meeting rules during a Parks, Recreation and Harbor Advisory Committee meeting in Bangor. Committee members discussed how the statute, Robert's Rules of Order and the city's ethics code apply to advisory committees after just four members attended the session.

The training focused on two core purposes of the Freedom of Access Act, Stepchak said: to ensure public bodies take actions openly and to ensure public records are open for inspection. "Its underlying theme is that public proceedings exist to aid in the conduct of the people's business," Stepchak said.

Stepchak reviewed how the law applies to advisory committees. He noted the ordinance establishing the advisory committee calls for 11 members, which creates a quorum of six; because there are three open seats, the committee currently has eight appointed members and, as discussed in the meeting, a quorum would effectively be five members. "Anytime there is gathered a quorum of those of you on this committee, and you are talking about the committee's business, that that is arguably a public meeting," Stepchak said.

He told members that if fewer than a quorum attend, Robert's Rules generally restrict the committee to limited actions (for example, to take measures to obtain a quorum or to adjourn). He recommended formally adjourning when no quorum is present and said continuing informal discussion after adjournment can be done for transparency but would not constitute an official meeting. "My recommendation is that we that you adjourn if you don't have a quorum," Stepchak said. Committee members expressed confusion about whether training given during a session without a quorum would need to be repeated; Parks and Recreation Director Ray Souolett said the city will confirm a consistent policy but recommended proceeding with the training for now so members receive guidance.

Stepchak and Souolett also covered records and communications. Stepchak reminded members that documents and communications relating to committee business'including emails, text messages, social media posts and personal notes'are generally public records subject to disclosure unless a statutory exception applies. He recommended members maintain a separate email address for committee business and avoid "reply all" on threads that could include a quorum. "If a quorum of members are on an email thread, we suggest that you avoid doing reply alls," Stepchak said.

The training included ethics guidance: members must not disclose confidential information obtained through their position, such as material from an executive session, and should use disclaimers when posting on social media to avoid implying they represent the city's official position. Stepchak offered sample language: "Although I am a member of the Parks, Recreation and Harbor Advisory Committee, I am speaking tonight as a private individual. My remarks should not be interpreted as representing the advisory committee or the City of Bangor."

Committee members asked procedural questions during the session, including whether Robert's Rules apply to an advisory committee and how to handle minutes and records when a meeting lacks a quorum. Souolett said staff will follow up to provide clarified guidance and written procedure to the advisory committees.

The meeting closed routine business and set the next meeting for April 10 at 5:15 p.m.