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 Require That Certain Applicant Information for Certain Local Government and School Administrative Positions Be Public upon Application
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 20-A MRSA §6101, sub-§2, ¶B, as amended by PL 1995, c. 547, §4, is further amended to read:
 
B. Except as provided in paragraphparagraphs A and D, information in any form relating to an employee or applicant for employment, or to the employee's immediate family, must be kept confidential if it relates to the following:
 
(1) All information, working papers and examinations used in the examination or evaluation of all applicants for employment;
 
(2) Medical information of any kind, including information pertaining to diagnosis or treatment of mental or emotional disorders;
 
(3) Performance evaluations, personal references and other reports and evaluations reflecting on the quality or adequacy of the employee's work or general character compiled and maintained for employment purposes;
 
(4) Credit information;
 
(5) Except as provided by subsection 1, the personal history, general character or conduct of the employee or any member of the employee's immediate family;
 
(6) Complaints, charges of misconduct, replies to complaints and charges of misconduct and memoranda and other materials pertaining to disciplinary action;
 
(7) Social security number;
 
(8) The teacher action plan and support system documents and reports maintained for certification purposes; and
 
(9) Criminal history record information obtained pursuant to section 6103.
Sec. 2.  20-A MRSA §6101, sub-§2, ¶D  is enacted to read:
 
D.  The name and address of an applicant for a position as superintendent are public records upon application by the applicant.
Sec. 3. 30-A MRSA §503, sub-§1, ¶A, as repealed and replaced by PL 1989, c. 402, §2, is amended to read:
 
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 county for use in the examination or evaluation of applicants for positions as county 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 shall remain confidential and are not open to public inspection;.
 
(4) The name and address of an applicant for a position as county administrator are public records upon application by the applicant;
Sec. 4. 30-A MRSA §2702, sub-§1, ¶A, as repealed and replaced by PL 1989, c. 402, §3, is amended to read:
 
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 shall remain confidential and are not open to public inspection;.
 
(4) The name and address of an applicant for a position as city manager or town manager are public records upon application by the applicant;
 
SUMMARY
This bill provides that the names and addresses of applicants for positions as county administrator, city manager, town manager and school superintendent are public records upon application by the applicant.