The Maine Freedom of Information Coalition released this week the results of an audit of the accessibility of public records.

On May 3, volunteers walked unannounced into schools, town halls and police departments around the state and requested documents that are, by law, supposed to be available to the public. Volunteers also mailed requests to 270 town offices for copies of the last three e-mail messages received by the town manager.

Of the 89 town halls audited, 59 percent granted access to tax liens. Of the 40 police departments audited, 70 percent granted access to copies of chase policies. Of the 44 school districts audited, 65 percent granted access to school crisis response plans. Of the 270 offices audited by e-mail, 61 percent forwarded e-mails.

The compliance rates in all of these categories need to be improved. While it’s understandable that some town employees might be reluctant to give out school crisis response plans and chase policies, they are public records. People have a right to know how police departments will protect the safety of other drivers during a chase, and people have right to know schools have good emergency response plans in place.

In Scarborough, Cape Elizabeth and South Portland, all town and city managers and staff at town and city offices complied with the requests of auditors. However, the response from school and police stations was mixed.

In South Portland, both the school superintendent and the police department refused to comply with the request of an auditor. In Cape Elizabeth, the school department also refused to comply with the request.

In South Portland, at least, officials explained why they had withheld the documents, although one response has raised a few eyebrows. Cape Elizabeth Superintendent Alan Hawkins did not return repeated phone calls seeking an explanation as to why the school department refused to release the document.

South Portland Superintendent Wendy Houlihan said the school department didn’t release the crisis response plans to protect student safety and personal employee information. The plans contain employee contacts and other personal information.

The response from South Portland police was cited in the Coalition’s report as “the most notable denial of access.” South Portland’s city attorney, Mary Kahl, sent a letter arguing that police chase policies aren’t public records. Kahl cited the Criminal History Records Information Act in her denial.

“Intelligence and investigative information is confidential if dissemination would interfere with law enforcement proceedings, would disclose investigative techniques and procedures or security plans and procedures not generally known by the general public,” Kahl wrote, citing the law. She said police chases meet all three criteria.

The act has typically been used to keep from the public information that might jeopardize a prosecution or reveal the identity of an informant. The State Police posts its chase policy on its Web site.

The results of this audit show that schools and town offices need to do more training to ensure the public has access to public records. The superintendent, town manager or town clerk shouldn’t be the only people who know what is public and what isn’t.

Ultimately, the public and the employees that work for them need to believe allowing public access to records is important. That’s the only way the public will continue to have the access that is so vital to a democracy.

Brendan Moran, editor