FOIA & FOAA requests. From Sears Island in the 1990s to windpower in the 2010s

1995 Sears Island Cargoport plan. 
State and federal FOIA'd documents

2003-2004 FOAA  LNG Plan.  State Documents
https://www.penbay.org/searsisland/searsfoa01a.html
https://www.penbay.org/searsisland/searsfoa02.html
https://www.penbay.org/searsisland/searsfoa03.html
https://www.penbay.org/searsisland/sifoa04.html

2008-2009  FOAA  Sears Island Joint Use Planning Committee 
* MDOT's Duane Scott, December 2008
* http://www.penbay.org/searsisland/si_foa_jeb_novdec08/
* http://www.penbay.org/searsisland/searsislandfoaresultsmdotapril1june172009/
* http://penbay.org/searsisland/si_foa09_baldacci_jan_feb_mar_09/
* http://www.penbay.org/searsisland/si_foa_jeb_dec08_jan09/
* http://www.penbay.org/searsisland/si_foa_mdot_april2009/index.html
* http://www.penbay.org/searsisland/si_foa09_baldacci_apr_may_june09/
* http://penbay.org/searsisland/si_foa_mdot_may8may29_2009/
* http://penbay.org/searsisland/si_foa_mdot_61809_80309/index3.html
* http://penbay.org/searsisland/si_mdot_aug09mitigbankplan

 2009 http://web.archive.org/web/20110612171550/http://penbay.org/searsisland/si_foa09_baldacci_jan_feb_mar_09/

2010 Federal Ocean Windpower off Maine
 Buurea of Ocean Energy Mgmt. 2009-2010

2010 State DeepCWind & Tidal Energy
* http://www.penbay.org/monhegan/rmonhegan_foa_reply_011410/index.html
* http://penbay.org/energy/tidal/foa_mdep_tidal_energy_0810/

Maine towns OK with 1st-2hrs-free FOAA rule. NOT okay with "weaponized" FOAA requests

The November 17, 2022 meeting of the Right To Know Advisory Committee featured a presentation by Neal Goldberg of Maine Municipal Association on his survey of Maine towns' experience with FOAA requests, and their ability to fulfill them in a timely fashion - without sacrificing other municipal governance priorities. 

Listen to 3min mtg intro and Goldberg's presentation, 11min, followed by his responses to many questions from the committee, total 23min

 

Goldberg told the committee that overall, the FOAA request and response process is functioning smoothly at the municipal level. 99% of FOAA requests take less than two hours to respond to,  he said.   Many municipalities have even waived fees for searches that exceeded that two free hours limit when a  requestor had a reasonable request.  The simplicity of most requests, Goldberg said,  made them easy to fold into existing labors.

Not all was well.
MMA discovered a sharp rise in in towns experiencing disruptive FOAA requests. These are  intentionally extensive or onerous, or sometimes troubling to personal safety. A municipal town manager stated, “[people] are weaponizing the FOAA process.”

Most of these disruptive angry FOAAs come from individuals rather than commercial parties or NGOs,  Goldberg told the committee.    As an example, a Lincoln county  town official told MMA:

"I've received close to 30 FOAA requests from the same person since August 17th (2022), all with demands to have them completed within days, and threats to take me to court and explain my unreasonable response times to the judge, and all designed to avoid exceeding the 2 hours per request free of charge... I've put in more time on this one man's harassment than I have for a whole budget season."

Throughout the survey period, MMA staff was struck by how distraught respondents are when discussing FOAA requests.

Goldberg said another form of nuisance request: copycat requests. Maine's Secretary of State Shenna Bellows has warned municipalities to be watching for requests that appear to be out of context or uninformed on Maine laws.    

 Bellows said  such requests are instigated by sources outside of Maine to subvert the daily performance of municipal responsibilities. Frequently these copycat requests pertain to elections.

Sigh...

Nov 10, 2021 meeting of the Right To Know Advisory Committee. AUDIO Topic: Public Records Exceptions

Audio from the November 10, 2021 meeting of Maine's Legislatures'  Right to Know Advisory Committee's  new  Subcommittee on Public Records Exceptions   

Meeting Purpose:  Updates on  existing  state laws & rules on FOAA  fee waivers .  (When  should agencies not charge for responding to a FOAA letter? (1) When requester is indigent. (2) When  the info will help the public understand how their govt operates. But some agencies state they "they don't do waivers". Is that lawful?

RECORDINGS 

1.  Introductions by subcommittee members   3min 41sec

2. Colleen  McCarthy OPLA analyst on fee waiver process in other states. 6min 50sec. 

3, Colleen McCarthy QA 11min

4. Brenda Kielty, FOAA ombudsman, AG's office 6min 5sec

5. Brenda Kielty Q&A  14min

6. Discussion part 1.  14min 30sec

(more to come)

Attendees at the RTK's Subcommittee meeting

PUBLIC INTEREST

Justin Cianette (sp?) for the public,
Jim Campbell MFOIC, ME Freedom of information coalition

MEDIA
Judy Myer, Lewiston Sun Journal
Lynda Clancy,  Pen Bay Pilot news
Amy Beveridge Me Assoc B'casters,

LOCAL GOVT
Linda Cohen Town mg Montmouth- local government,
Vicky Walloch, School boards,

Neil  Goldberg, Maine Municipal Association

LAW ENFORCEMENT
Chris Parr, staff atty Maine State Police. 
STATE GOVT

Rep Tom Harnet committee  chair,
Senator Anne Carney, So Portland, jud comm
Kevin Martin MDEP,
Julie Finn Me Judicial Branch.
Jonathan Bolton Atty General's office,

Brenda Kielty FOAA Ombudsman , AG's office.
Kate McBrien State Archives

Eric Stout Informaton Tech expert.   

OPLA staff Peggy Reinch, Colleen Reed McCarthy & Rachel Olson

Background   The Advisory Committee is required by law to review of existing public records exceptions in Titles 8 through 12 during 2021  The state FOAA ombusdsman Brenda Kielty  pafrticpates in the meetings too

Current law relating to fee waivers, 1 MRSA Section 408-A, subsection 11  

Draft amendment to 1 MRSA Section 408-A, subsection 11 previously considered by RTKAC Improve FOAA Subcommittee in 2019 

 (not recommended to full committee or considered by full committee)
Email received from Ken Capron

Rockland Fishpier Dredge plan FOAA docs June 2016 to July 2017.

On July 20th,Rockland Harbormaster Matt Riley responded to Friends of Penobscot Bay's  request for info on dredge plans for Rockland's Municipal Fish Pier  with the below emails and documents. They date from June 26, 2016 to July 19,2017. Thanks Matt!

2016 first then 2017

NOTE: attachment links at ends of pages won't work. Those attachments are posted separately with an  * asterix* in front of name.

2016  Emails relating to Rockland Fishpier dredging and renovation

062616_Richard Whitman fisherman, Matt Ripley

062616_Bud Brown president EcoAnalysts, Inc to Audra Caler-Bell Rockland community development spec; Matt Ripley, Rockland Harbormaster Cc: Tim Forrester & Lisa Vickers (EcoAnalysts)

* 070816 Refined sample map

070916_Bud Brown. Audra Caler-Bell; Matt Ripley Cc: Tim Forrester; Lisa Vickers

071116_ Bud Brown, Audra Caler-Bell; Matt Ripley Cc: Steve Durrell -Prock Marine

080916_Peter Tischbein ACOE Cc: Jay Clement ACOE; Shawn Mahaney ACOE; Audra Caler-Bell; Matt Ripley; Tim Forrester; Lisa Vickers(biologist,EcoAnalysts) 

* 080916 Rockland Fish Pier Grain Size Analysis for Use of Sand as Cover for Dredge Material.

090216_Kim King (MDOT) to Brian Downey (ME Pilotage Assn) re Port Safety Forums 106 & 107

090916_Peter Blanchard DEP  to Matt Ripley.

091916_Peter Tischbein to Ripley

112216  Carol Woodcock (Senator Collins), Matt Ripley, Nick Battista (Island Institute), Patricia Aho, (Collins)

2017 Emails relating to Rockland Fishpier Dredgeing and renovation

031717_Audra Caler-Bell , David St Laurent Rockland Public Works; Matt Ripley, Cc: Will Gartley, (Gartley Dorsky,) "Andrew Hedrich (Gartley Dorsky)

050517_Jennifer Lynn to Matt Ripley; Michael Martuna & Ray DeGrass

051217_Audra Caler-Bell To Ray DeGrass (dragon) Cc: Matt Ripley

051217 Audra Caler-Bellaler to Ray Degrass (Dragon), Matt Ripley

051217 Audra Caler-Bellaler to Ray Degrass (Dragon), Matt Ripley

052317_061917 Bud Brown, Matt Ripley; Andrew Hedrich Cc: David St; Tim Forrester, Lisa Vickers; Will Gartley

052317_Audra Caler-Bell, Matt Ripley re SHIP Application  

* Read the SHIP Application (pdf)

052417 Bill  Najpauer Midcoast Economic Development District,  Audra Caler Bell, Matt Ripley. Northern Border Grant

* 052417 EID application

* 052417_Project Timetable & Budget

* 060417  Two docs: DEP Accreditation Certificate and Scope - 060417- 060319 

* 060917  Support of EDA grant FOR Rockland 061917.pdf

061917 Virginia Noble, Matt Riley, cc  Lisa Ignaszak

070117 Steve Betts Courier Gazette to Matt Riley

070717_Michelle Michaud (Sen Collins staff) Richard Whitman Rockland Fisherman, CC Matt Ripley AND 07/0717 Richard Whitman to Michelle Michaud 

071917 Louise MacLellan-Ruf_Matt Ripley; cc Melissa Hale; Tom Luttrell

FOPB FOAAs Rockland city officials' phone records.

On October 2, 2015 Friends of Penobscot Bay filed FOAA  requests with five Rockland officials for their phone records, ie. ...public records detailing all your city-related desk phone and cellphone/smartphone useage for the period of August 1, 2015 through October 13, 2015. If you were using a personal cellphone or other device during that time in lieu of or in addition to the city-supplied phones for transacting public business, verbally or by text, we ask that you supply the relevant public records from that as well.". 

On October 19, 2015  city attorney Kevin Beal wrote back   claiming that:
1. half of the requested records don't exist [wrong]
2. The other half are so mixed together  with private messages that it will take 60 hours of intensive steady labor at $15 dollars per hour for the five persons to look through their two most recent phone bills.  $885.00 payment will be required up front.  Huh? What?  

Rockland FOAA phone requests
10/2/15 FOAA phone records request to Rockland city attorney Kevin Beal_phone

10/2/15 FOAA phone records request to Rockland city council member Larry Pritchett

10/2/15 FOAA phone records request to Rockland waste water treatment operator Terry Pinto

1012/15 FOAA phone records request to Rockland econ development staffer Caler Bell

10/2/15 FOAA phone records request to Rockland city manager Jim Chaousis

ROCKLAND FOAA RESPONSE
101915 Kevin Beal's response

NEXT STEP:  stay tuned!

Gassing Rockland? City officials respond to Freedom of Access request on handling of the cogeneration plant proposal

Rockland city government officials have released the following documents relating to a proposed gas power-ed cogeneration plant. to Friends of Penobscot Bay.  

UPDATED 5/15/15 Received by Friends of Penobscot Bay May 13, 2015

Latest: Rockland Code Enforcement Officer John Root's response to FOPB's May 11, 2015 FOAA request. (22 page pdf)

Ciity Manager's response via City Atty to FOPB's 5/11/15 FOAA Request
Full 275 page pdf file click here

File broken into smaller sections for ease of reading

* Part 1. 26 pages

* Part 2. 24 pages

* Part 3. 26 pages
* Part 4. 27 pages
* Part 5. 20 pages
* Part 6. 25 pages
* Part 7. 29 pages
* Part 8. 23 pages
* Part 9. 20 pages
* Part 10. 33 pages
* Part 11. 23 pages
* Part 12. 19 pages to end.

GAC Chemical: Documents show DEP did not test waste site before declaring it safe.

Group asks Attorney general's office to investigate allegations of attempted deception by DEP official.

SEARSPORT State officials took no samples and made no tests before concluding earlier this year that highly acidic industrial wastes eroding into Stockton Harbor in Searsport pose no threat to people, pets, or wildlife.

This according to documents released to Friends of Penobscot Bay under the Maine Freedom of Access Act (FOAA) by Maine Department of Environmental Protection's Eastern Maine Regional Office director Susanne Miller.  (Summary of documents and list of persons mentioned in them.)

According to FOPB, Miller polled all DEP bureaus on their oversight of GAC Chemical. “Result? Not a single DEP staffer has GAC's eroding shoreline waste dumps on their plate", said Ron Huber of Friends of Penobscot Bay. "No one has tested anything there. Miller's claims that all's fine with GAC's toxic erosion is a bunch of hot air." he said. "In short, the empress has no clothes."

"Has discovery of this lack of oversight stimulated action by Maine DEP? Yes, but seeming only to cover up. Not deal with it."

Huber said people need not wonder why the LePage administration is sanctioning the ongoing poisoning of a harbor cove and all the people who innocently fish, clam, dig worms and beachcomb there.

"It appears that polluter GAC Chemical Corp's CEO David Colter is simply too cheap to order a reasonable clean up of the company's legacy mess," Huber said. "Maybe he's concerned about shareholder blowback for "wasting" company money on nature." 

"But," he continued, "with his political connections to the Blaine House, that's one form of waste that Mr. Colter need not worry about."

Not all in DEP are unhappy with that. DEP's Eastern Maine Regional director Susanne Miller also seems an enthusiastic supporter of polluter-coddling and an opponent of transparency in government

"Miller is one of those revolving-door industry officials hired by DEP Commissioner Patty Aho to weaken the agency on behalf of big industry", Huber said. "Forcing GAC to face its pollution woes and pay to remediate them would be a black mark against her when she returns to her former employer Hitachi Corp or elsewhere in industrial consultant-land. So instead of the transparency needed to get the company to be accountable for his wastes, Miller chooses opacity as a way to let GAC Chemical pollute in peace."

Worst of all, Huber said, Miller is abusing the state's Freedom of Access Act. "She repeatedly lied about her phone logs when we asked for them under the Act. She finally produced a small number of cellphone call records, and has now admitted that there are more groundline phone records that she failed to disclose.  If we can't trust Miller to be truthful when responding to a FOAA request, how can we trust her word on anything she's doing?"

FOPB has asked the Attorney General's office to investigate Miller's deceptions and determine if she "willfully" violated the act. See attached copy of email  While the fine is small and would be paid by the department, not by Miller, Huber said, "we hope that the agency will transfer her to another job where she won't be such a threat to nature - and to democracy."

Friends of Penobscot Bay: People who care about Maine's biggest bay.

www.penbay.net * coastwatch@gmail.com * 207-593-2744

FOIAs and FOAAs related to Penobscot Bay. 1990s to 2010s

Here are some of  the results of Freedom of Access Act and Freedom of information Act requests. From between 1995 to 2010.

2010 Federal  Ocean Windpower off Maine
Bureau of Ocean Energy Management 39 pages

2010 State Wind & Tidal Energy
*  BPL's Dan Pritchard re Monhegan   January 14, 2010 12 pages
Maine tidal energy August 2010 26 pages

2008-2009 Sears Island Joint Use Planning Committee 
* MDOT Duane Scott Dec 10, 2008 10 pages
* Governor Baldacci November - December 2008  60 pages
* MDOT Commissioner Cole. June 1 - June 17, 2009  24 pages
* Governor Baldacci & staff. January, February-March, 2009 28 pages.
* Karin Tilberg November -December 2008  23 pages
* Duane Scott April 2009 22 pages
* Baldacci staff, April-June 2009 59 pages
* MDOT Cole staff May 8 - May 29, 2009 64 pages
* MDOTJune 18 - August 3, 2009. 63 pages
* Sears Island Mitigation Bank plan. 28 pages

2003-2004  Sears Island LNG Plan 
* Governor Baldacci December 03 to March 2004. 17 pages
* Jack Cashman DECD. January March 2004.  9 documents
* Governor Baldacci April to June 2004 29 documents\
* Governor Baldacci. June through September 2004.  14 documents

Sears Island Cargoport Proposal 
* 1990s  State and federal FOIA'd documents 45 documents