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South Berwick council workshop moves to tighten email rules after counsel flags FOAA risk
Summary
At a public workshop, the South Berwick Town Council heard advice from its attorney that substantive email back-and-forth among three or more councilors can violate the state Freedom of Access Act; the council agreed to place an email-policy and rules-of-order package on an upcoming agenda and to add a regular 'council reports' item so committee work is reported publicly.
The South Berwick Town Council held a public workshop to review how the Maine Freedom of Access Act (FOAA) applies to council email use and to consider amendments to its rules of order and agenda procedures.
John, chair of the Town Council, opened the session by reading guidance the council sought from its attorney and a Municipal Association article: "The bottom line is that to avoid running afoul of FOAA, the council should only use email for two purposes: receiving reports and documents from town staff (one-way) and scheduling meetings and other similar functions," he said, adding that substantive discussion by three or more councilors outside a noticed meeting can constitute a public proceeding.
Why it matters: Councilors acknowledged recent email exchanges that may have included deliberations and said they want a clear, written policy so future conduct is unambiguous. The council agreed to draft…
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