PLEASE NOTE: Legislative Information cannot perform research, provide legal advice, or interpret Maine law. For legal assistance, please contact a qualified attorney.
An Act To Protect the Confidentiality of Local Government Employees' Private Information
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 30-A MRSA §2702, sub-§1, as amended by PL 1997, c. 770, §3, is further amended to read:
 
1. Confidential records.   The following records are confidential and not open to public inspection. They are not "public records" as defined in Title 1, section 402, subsection 3. These records include:
 
A.  Except as provided in this paragraph, applications, resumes, letters and notes of reference, working papers, research materials, records, examinations and any other documents or records and the information they contain, solicited or prepared either by the applicant or the municipality for use in the examination or evaluation of applicants for positions as municipal employees.
 
(1) Notwithstanding any confidentiality provision other than this paragraph, applications, resumes and letters and notes of reference, other than those letters and notes of reference expressly submitted in confidence, pertaining to the applicant hired are public records after the applicant is hired.
 
(2) Telephone numbers are not public records if they are designated as "unlisted" or "unpublished" in an application, resume or letter or note of reference.
 
(3) This paragraph does not preclude union representatives from access to personnel records whichthat may be necessary for the bargaining agent to carry out its collective bargaining responsibilities. Any records available to union representatives whichthat are otherwise covered by this subsection shallmust remain confidential and are not open to public inspection;
 
B.  Municipal records pertaining to an identifiable employee and containing the following:
 
(1) Medical information of any kind, including information pertaining to diagnosis or treatment of mental or emotional disorders;
 
(2) Performance evaluations and personal references submitted in confidence;
 
(3) Information pertaining to the creditworthiness of a named employee;
 
(4) Information pertaining to the personal history, general character or conduct of members of an employee's immediate family; and
 
(5) Complaints, charges or accusations of misconduct, replies to those complaints, charges or accusations and any other information or materials that may result in disciplinary action. If disciplinary action is taken, the final written decision relating to that action is no longer confidential after the decision is completed if it imposes or upholds discipline. The decision must state the conduct or other facts on the basis of which disciplinary action is being imposed and the conclusions of the acting authority as to the reasons for that action. If an arbitrator completely overturns or removes disciplinary action from an employee personnel file, the final written decision is public except that the employee's name must be deleted from the final written decision and kept confidential. If the employee whose name was deleted from the final written decision discloses that the employee is the person who is the subject of the final written decision, the entire final written report, with regard to that employee, is public.
 
For purposes of this subparagraph, "final written decision" means:
 
(a) The final written administrative decision that is not appealed pursuant to a grievance arbitration procedure; or
 
(b) If the final written administrative decision is appealed to arbitration, the final written decision of a neutral arbitrator.
 
A final written administrative decision that is appealed to arbitration is no longer confidential 120 days after a written request for the decision is made to the employer if the final written decision of the neutral arbitrator is not issued and released before the expiration of the 120 days; and
 
(6) Personal information, including that which pertains to the employee's:
 
(a) Age;
 
(b) Ancestry, ethnicity, genetic information, national origin, race or skin color;
 
(c) Marital status;
 
(d) Mental or physical disabilities;
 
(e) Personal contact information, as described in Title 1, section 402, subsection 3, paragraph O;
 
(f) Personal employment choices pertaining to elected payroll deductions, deferred compensation, saving plans, pension plans, health insurance and life insurance;
 
(g) Religion;
 
(h) Sex or sexual orientation; or
 
(i) Social security; and
 
C.  Other information to which access by the general public is prohibited by law.
 
SUMMARY
This bill clarifies that certain personal information of municipal employees is confidential and the record or the portion of the record containing that information in the possession of a municipal government is not a public record. The types of information protected include that which pertains to age, ancestry, ethnicity, genetics, national origin, race, skin color, marital status, mental or physical disabilities, personal contact information, religion, sex, sexual orientation, social security and personal employment choices pertaining to elected payroll deductions, deferred compensation, savings plans, pension plans, health insurance and life insurance.