Lewiston Daily Sun v. School Administrative District No. 43

1999 ME 143, 738 A.2d 1239, 1999 Me. LEXIS 166
CourtSupreme Judicial Court of Maine
DecidedOctober 18, 1999
StatusPublished
Cited by57 cases

This text of 1999 ME 143 (Lewiston Daily Sun v. School Administrative District No. 43) 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 v. School Administrative District No. 43, 1999 ME 143, 738 A.2d 1239, 1999 Me. LEXIS 166 (Me. 1999).

Opinions

ALEXANDER, J.

[¶ 1] The Lewiston Daily Sun appeals from a judgment of the Superior Court (Androscoggin County, Studstrwp, J.) finding no violation of Maine’s Freedom of Access Act, 1 M.R.S.A. §§ 401-410 (1989 & Supp.1998). The Sun contends that the court erred in determining that the Board of Directors of SAD 43 did not approve an official action when, in executive session, it accepted its attorney’s recommendation for an independent investigation of complaints regarding the superintendent of the school district. Because we determine the action is moot, we dismiss the appeal.

[¶ 2] In 1997 and 1998, the Lewiston Daily Sun and the Board of Directors of SAD 43 were involved in a continuing dispute about policy and practice of SAD 43 regarding conduct of business in executive sessions. During this time period, the Board had also been receiving a number of complaints about the performance of its superintendent.

[¶ 3] On March 30, 1998, the Board held a meeting to hear complaints regarding the superintendent’s job performance. As required by 20-A M.R.S.A. § 6101(2)(B)(6),1 but over the newspaper’s objection, the March 30 proceedings to receive complaints were conducted in executive session. After the March 30 meeting, the Board determined to ask individuals who had complaints regarding the superintendent to submit the complaints in writing. Fourteen written complaints were forthcoming.

[¶ 4] On April 14, 1998, the Board conducted another meeting, with its attorney present, to consider how to proceed to address complaints against the superinten[1241]*1241dent. As required by 20-A M.R.S.A. § 6101(2)(B)(6) and as authorized by 1 M.R.S.A. § 405(6)(A), (E) & (F),2 this meeting also was conducted in executive session.

[¶ 5] The trial court found that, at the April 14 meeting, the Board’s attorney recommended an independent investigation of complaints, and the Board “agreed to follow the advice of their attorney and investigate the complaints _” The court also found that the actual conduct of the investigation was left in the hands of the attorney, that the Board did not approve any specific individual as the investigator, and “consequently, there was no approval of a contract or expenditure of public funds made during the executive session.”

[¶ 6] The next day, April 15, 1998, the Board’s attorney engaged another attorney, from a different law firm, to conduct an independent investigation of the complaints regarding the superintendent. The newspaper learned of this action soon afterward and published a story regarding it the following week.

[¶ 7] On May 13, 1998, nearly a month after learning of the events at the April 14 meeting, the newspaper filed a four-count complaint asserting violations of the Freedom of Access Act. The first two counts challenged the March 30 executive session. The third count sought injunctive relief and was a general complaint against past SAD 43 executive session practices.3 The fourth count asserted that the proceedings which resulted in the Board’s attorney engaging another attorney to conduct an independent investigation amounted to an “official action” taken at the April 14 executive session. This was alleged to violate 1 M.R.S.A. § 405(2) which states that: “No ordinances, orders, rules, resolutions, regulations, contracts, appointments or other official actions shall be finally approved at executive sessions.”

[¶8] During May 1998, the attorney engaged to conduct the independent inves[1242]*1242tigation completed her investigation and filed a report with the Board. The report was received and considered at a May 26 Board meeting. Also on May 26, the Board sent a letter to the superintendent stating its findings and decision regarding the complaint and the superintendent’s job performance. Over the superintendent’s objection, this letter was made public in accordance with 20-A M.R.S.A. § 6101(2)(C).4

[¶ 9] Because the court had appropriately granted the newspaper’s request for an expedited hearing, trial on count IV of the complaint commenced on May 27. Most of the Board members present at the April 14 meeting testified. Over the school district’s objection, the record was then left open to receive testimony by deposition from Board members who were unable to be present on May 27.

[¶ 10] After receiving briefs and giving the matter due consideration, the court determined that no “official actions” had been taken by the Board during its April 14 executive session and that, therefore, no violation of the Freedom of Access Act had occurred. At the newspaper’s request, the court issued further findings in an order dated February 11, 1999. From that order, the newspaper appealed.

[¶ 11] The Freedom of Access Act provides a very narrow choice of remedies in circumstances where violation of its limits on executive sessions are found. Official actions determined to have been taken illegally in executive session may be declared “null and void.” 1 M.R.S.A. § 409(2). Officials responsible for such actions may also be subject to civil penalties under 1 M.R.S.A. § 410. However, such penalties may only be sought by the Attorney General or his representative. See Scola v. Town of Sanford, 1997 ME 119, ¶ 7, 695 A.2d 1194, 1195. Thus, the only remedy which could result if the newspaper’s appeal were successful would be a declaration that the Board counsel’s engagement of an independent attorney to conduct an investigation of the superintendent was null and void. All actions relating to or arising from that activity were completed with the Board’s receipt of the independent attorney’s report, its action on it and issuance of its letter to the superintendent on May 26, 1998. When trial commenced in this matter, it is doubtful that there was any available relief that the court could grant on the newspaper’s complaint had it ruled for the newspaper. The possibilities for relief have eroded with the passage of time.

[¶ 12] Courts cannot issue opinions on questions of fact or law simply because the issues are disputed or interesting. Courts can only decide cases before them that involve justiciable controversies. “ ‘Justiciability requires a real and substantial controversy, admitting of specific relief through a judgment of conclusive character ....’” Halfway House, Inc. v. City of Portland, 670 A.2d 1377, 1379 (Me.1996) (quoting Hatfield v. Commissioner of Inland Fisheries, 566 A.2d 737, 739-40 (Me.1989) and Connors v. International Harvester Credit Corp., 447 A.2d 822, 824 (Me.1982)).

[¶ 13] If a case does not involve a justiciable controversy, it is moot. Here, there is no specific relief which the trial court could have ordered or which this Court can order.

For public policy reasons deeply imbedded in the history and nature of courts, the Law Court decides only questions of live controversy, and not [1243]*1243hypothetical, abstract or moot questions.

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Cite This Page — Counsel Stack

Bluebook (online)
1999 ME 143, 738 A.2d 1239, 1999 Me. LEXIS 166, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lewiston-daily-sun-v-school-administrative-district-no-43-me-1999.