The three commissioners from Piscataquis County probably violated Maine’s open meeting laws when they adopted a resolution that opposes Governor Janet Mills’ COVID-19 measures, makes several false statements and refers to the coronavirus as the “Wuhan virus”
The three commissioners unanimously passed the resolution on January 13, after a series of emails and phone calls, President James White said on Monday. The public had no way of observing the deliberations of the commissioners, as required by public bodies that make political decisions. The commissioners did not meet on January 13.
“It was because of correspondence,” said White. “There was no meeting.”
The commissioners plan to sign the document at a meeting scheduled for Tuesday at 8:30 am, although the signing of the resolution is not on the official agenda of the meeting.
The resolution opposing the state’s COVID-19 prevention measures contains numerous falsehoods – stating, for example, that facial coverings cause pneumonia and respiratory illnesses – and generated negative reactions from residents on Piscataquis County’s Facebook page when commissioners posted their text on Thursday. She demands that Mills’ “mandates and blocking” be lifted and says the measures failed to stop the spread of COVID-19 while damaging the state’s economy.
A public body’s decision on a political issue constitutes a public meeting, said Bangor’s lawyer Bernard Kubetz, who specializes in open government laws. A public meeting must be announced publicly in advance and conducted openly. During the COVID-19 pandemic, government agencies are allowed to hold online meetings, but members of the public still need to have a chance to observe.
“I don’t think that will slip,” said Kubetz of adopting the Piscataquis County resolution. “This is a public meeting and it was not appropriate to conduct this business by e-mail.”
White denied that the deliberations and the adoption of the resolution violated open government laws, noting that the three commissioners were never on the same phone call or e-mail network at the same time. A call involving all three commissioners would have constituted a public meeting that would have triggered the public notice and public participation requirements.
Although Maine law does not prohibit emails or phone calls between members of a public agency, they must deliberate and decide on substantive issues in public proceedings. If members of a public agency use individual communications to conduct public affairs outside the public eye, the law does not permit this.
Kubetz – who is also a lawyer for Bangor Daily News – said it made no difference that commissioners planned to formally sign the resolution during a public meeting on Tuesday after having adopted it earlier.
The violation of the Maine Freedom of Access Act is a civil violation that can result in a fine of up to $ 500 for government agencies whose members commit them.
In addition to adopting the resolution out of public reach, the commissioners did not put the resolution’s signature on the agenda for Tuesday’s meeting available on the county website. The resolution’s text, however, mentions plans to sign it on January 19.
This is also a violation of Maine’s freedom of access laws, Kubetz said.
“You should give advance notice of the meeting and what you are going to discuss at the meeting,” said Kubetz. “I think that would also be a violation.”