Lewiston Daily Sun, Inc. v. City of Auburn

544 A.2d 335, 15 Media L. Rep. (BNA) 2025, 1988 Me. LEXIS 210
CourtSupreme Judicial Court of Maine
DecidedJuly 28, 1988
StatusPublished
Cited by7 cases

This text of 544 A.2d 335 (Lewiston Daily Sun, Inc. v. City of Auburn) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lewiston Daily Sun, Inc. v. City of Auburn, 544 A.2d 335, 15 Media L. Rep. (BNA) 2025, 1988 Me. LEXIS 210 (Me. 1988).

Opinions

McKUSICK, Chief Justice.

On report, the Superior Court (An-droscoggin County) asks us to determine whether the meetings of the special Civil Service Study Committee of the City of Auburn constitute “public proceedings” under the Maine Freedom of Access Act, 1 M.R.S.A. §§ 401-410 (1979 & Supp.1987), and are thus subject to the Act’s open meetings requirement. Id. § 408. The Superior Court ordered the report after having granted a temporary restraining order in favor of plaintiff Lewiston Daily Sun (Daily Sun) enjoining the committee from holding further meetings closed to the public. Because the facts of this case show a close link between the committee and Auburn’s city council and mayor, and because that committee is vested with important investigatory functions that if not delegated to it would have been exercised directly by the City’s governing authorities, we declare that the committee’s meetings are “public proceedings” within the meaning of the Act.

Following a number of complaints about alleged improprieties in the operation of the City of Auburn’s Civil Service Commis[336]*336sion,1 as well as the resignation in protest by two members of the commission, the Auburn city council in December 1987 by a vote of 5-0 directed the mayor to appoint a committee to investigate the alleged wrongdoing and to make recommendations on how best to resolve any problems found. The mayor then appointed seven persons having no connections with city government to serve on what he called the Civil Service Study Committee. The committee had no budget and its members were not paid for their efforts. The committee first met on January 5,1988, and was to present its conclusions to the mayor and city council in 6 to 8 weeks. The mayor attended that first meeting, set forth to the committee its responsibilities, and offered some suggestions on whom the committee might interview. The committee’s first meeting was open to the public, but at that meeting its members voted to hold future sessions in private. The committee then proceeded to meet twice a week, interviewing two or three persons at each meeting.

On February 3 the Daily Sun filed a complaint in Superior Court against the committee and the City of Auburn, alleging that the committee’s closed meetings violated the Freedom of Access Act and seeking declaratory and injunctive relief under 14 M.R.S.A. §§ 5954, 5960 (1980). That same day the newspaper also moved for a temporary restraining order enjoining any future closed meetings by the committee. The court heard and granted that motion on February 4. After a period of discovery the court, on the City’s motion agreed to by the Daily Sun, reported the case to us under M.R.Civ.P. 72(c).

We determine that the meetings of the investigatory committee created and charged by the Auburn city council and mayor are public proceedings subject to the Act’s open meetings requirement. The declaration of policy prefacing that Act states

that public proceedings exist to aid in the conduct of the people’s business. It is • the intent of the Legislature that their actions be taken openly and that the records of their actions be open to public inspection and their deliberations be conducted openly. It is further the intent of the Legislature that clandestine meetings, conferences or meetings held on private property without proper notice and ample opportunity for attendance by the public not be used to defeat the purposes of this subchapter.

1 M.R.S.A. § 401 (1979). Section 401 concludes by directing that the Freedom of Access Act “shall be liberally construed and applied to promote its underlying purposes and policies as contained in the declaration of legislative intent.” Id. See also Wiggins v. McDevitt, 473 A.2d 420, 422 (Me.1984). The Act mandates that “all public proceedings shall be open to the public,” 1 M.R.S.A. § 403, and defines “public proceedings” comprehensively as

the transactions of any functions affecting any or all citizens of the State by any of the following:
A. The Legislature of Maine and its committees and subcommittees;
B. Any board or commission of any state agency or authority, the Board of Trustees of the University of Maine System and any of its committees and subcommittees, the Board of Trustees of the Maine Maritime Academy and any of its committees and subcommittees, the Board of Trustees of the Maine Vocational-Technical Institute System and any of its committees and subcommittees; and
C. Any board, commission, agency or authority of any county, municipality, school district or any regional or other political or administrative subdivision.

Id. § 402(2)(A)-(C) (1979 & Supp.1987).

The City points to the absence of any reference to “committees” in the Act’s enumeration of the municipal entities whose meetings it covers as an indication of the legislature’s intent not to include as public proceedings the meetings of the Au[337]*337burn Civil Service Study Committee. The City observes that whereas the “committees and subcommittees" of the legislature and of the boards of trustees of various state-run educational systems are explicitly included in the coverage of the Act, no similar mention is made of municipal committees and subcommittees. Compare 1 M.R.S.A. § 402(AMB) with id. § 402(C).

We refuse to adopt such a formalistic approach to statutory construction, however, and reject the notion that the statute forces that restricted reading upon us. The Act itself does not define what constitutes a “board, commission, agency or authority,” just as it does not define the term “committee.” Faced with this ambiguity as to what type of public entities fall within the terms of the Act, we turn to its legislative history and find there no support for the City’s position. See State v. Edward C., 531 A.2d 672, 673 (Me.1987); Mundy v. Simmons, 424 A.2d 135, 137 (Me.1980). By amendments adopted in 1975 to the Freedom of Access Act, the legislature’s committees and subcommittees were specifically included in the definition of public proceedings. See P.L. 1975, ch. 758. In 1977 the legislature further amended the Act to include specifically within its scope the “committees and subcommittees” of certain public educational institutions as well. See P.L. 1977, ch. 164, § 1. See also P.L. 1985, ch. 695, § 2. Those amendments, far from manifesting a legislative intent not to include municipal committees within the Act’s reach, suggest only that the legislature was faced with specific circumstances peculiar to the legislature and public educational institutions and wanted to leave no doubt that their committees and subcommittees are covered by the Act. From the legislature’s amendment of specific subsections of the Act, we can draw no particular meaning about a subsection it has left unchanged. See Myrick v. James, 444 A.2d 987, 991 (Me.1982).

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Lewiston Daily Sun, Inc. v. City of Auburn
544 A.2d 335 (Supreme Judicial Court of Maine, 1988)

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544 A.2d 335, 15 Media L. Rep. (BNA) 2025, 1988 Me. LEXIS 210, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lewiston-daily-sun-inc-v-city-of-auburn-me-1988.