Editorial

The Gray Town Council met in an Executive Session on January 18 that
was not necessary.

The public’s business must be conducted in public, according to Title 1, Maine’s Freedom of Access law, or locally known as the Right to Know Law. That means that the public has the right to see and hear the deliberations of a gathering of three or more of the elected officials when they meet to discuss official business.

There are some occasions, however, when it is deemed by law acceptable to have certain discussions in private. These exceptions to open meetings are stringently described in the law. Some examples where a Council may meet to discuss reprimanding an employee, or to discuss ongong litigation, are two of several exceptions that allow officials to conduct the people’s business behind closed doors.

On Tuesday, January 18, the Council said they needed to discuss something privately. They stated the reason for the Executive Session was described in Title 1, sec. 405, 6(C): "Acquisition of property, real or personal property attached to real property or interests therein if premature disclosure would prejudice competitive bargaining position of municipality."

The issue was that a anonymous donor had offered a $100,000 donation ot the Library Trustees, with a caveat that it must be matched by July 1.

The statute does not apply because the discussion could have been held in public without mentioning the donor's name. When Council Chair Pam Wilkinson was asked, “If you had the discussion in public and substituted the donor’s name for the phrase “anonymous donor,” could the discussion have been held publicly?” Her answer was ‘yes.’

Additionally, real property was not under discussion, nor was there a bargaining position to be prejudiced.

Trust is fragile. Any business person knows that it takes a long time
to build trust and how easily it is damaged. So do the voters.

Dear Gray Town Council, we, the citizens, ask that the next time you schedule an executive sesion, please remember that the statute says “The Legislature finds and declares 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.

This subchapter shall be liberally construed and applied to promote its underlying purposes and policies... “

Do it because we ask. Do it because it is right. Do it because deep down, we want to trust you.