The Maine Attorney General’s Office last week announced the hiring of Brenda Kielty as the state’s first public access ombudsman. The responsibilities for the position include “responding to informal inquiries about Maine’s Freedom of Access Act, working to resolve complaints, preparing educational materials about the law in collaboration with the Right to Know Advisory Committee, and making recommendations about improving access to public records and proceedings,” according to a press release.

“The public’s right to know about the activities of government is a cornerstone of democracy. We look forward to having the means to provide more effective information and assistance to citizens about using the law,” Attorney General William Schneider said in the release.

The position was created in 2007, but left unfunded until an update to the state’s Freedom of Access laws was signed into law in May by Gov. Paul LePage. The law, which was sponsored by Sen. Richard Rosen (R-Hancock) and went into effect late last month, also aims at increasing government transparency by, among other provisions, requiring agencies and officials to make a “good faith” estimate on the time and cost of obtaining copies of public records, and for denials to be provided in writing in five business days. It also requires that each state agency, county, municipality, school administrative unit and regional or other political subdivision to designate a public access officer.

The law could have been stronger, for instance, by requiring – rather than suggesting – that agencies use technology that allows for easier access to public records. But it goes a long way in clarifying and strengthening the rules governing public records, and should help everyone involved have a better understanding of what is public and what is not. That will head off many of the issues related to public records disputes, which can often be attributed to a lack of knowledge of the law.

Kielty, who has been a special assistant to Schneider acting as the office’s press liaison, will be on the forefront of that educational effort. More importantly, according to the law establishing her position, the ombudsman is charged with furnishing “upon request, advisory opinions regarding the interpretation of and compliance with the State’s freedom of access laws to any person or public agency or official in an expeditious manner.”

The Attorney General’s Office has always been the dumping point for public access issues, but without a staff member dedicated to the issue, the complaints were often set aside. Without help from the AG, people have to bear the cost of a lawyer to seek a remedy.

It bears watching, though, how Kielty handles the new position. An ombudsman of any kind must be independent, and the attorney general is a political position, nominated by the majority party and approved by the Legislature. The AG also represents state agencies, where disputes on public access often originate.

It will take a strong person unswayed by politics, and an AG’s office committed to the ombudsman’s independence, to make the position work. – Ben Bragdon, managing editor

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