ALFRED — The attorney for York County government said he looked at two state statutes when he advised county commissioners, who made such a vague motion following an executive session last week that its intent or subject could not be deduced.

The five-member commission voted unanimously July 2 to “adopt a course of action recommended by the county manager,” following the executive session, which is closed to the public.

County attorney Tim O’Brien said a written decision that goes along with the motion made by commissioners July 2 will be issued at some point. He said commissioners struck a balance between the Maine Freedom of Access law and the county records section of Maine Title 30-A, which holds disciplinary records confidential until a final decision is rendered.

O’Brien also referred to the Maine Freedom of Access Act, which says everything is generally public record except items deemed confidential by statute.

“And (the statutes) have deemed records confidential to a significant degree, except for final written decisions on discipline,” he said in a telephone interview late last week.

“Their approach is that of respect to the right to privacy,” said O’Brien of the commissioners’ motion.

The vote is believed to concern the tenure of York County Emergency Management Agency Director Leo Rogers, who has been on paid administrative leave since May 13. Rogers was in the room where the executive session took place, along with some others, including commissioners, the county manager, O’Brien, and those believed to be representing Rogers, who left the meeting through the rear door after the two-hour executive session ended.

The motion made by commissioners has been met with concern by freedom of information advocates.

Judy Meyer, chairwoman of the Maine Freedom of Information Coalition and managing editor of the Lewiston-based Sun Journal, said the commission is wrong.

“The motion must be precise enough so the public is aware of what’s going on, and since the public is barred from executive session, the motion is the only information they have about a board action,” she said in an email.

Maine Press Association attorney Michael Mahoney agreed.

“The motion made after the executive session was inadequate,” he said in an email response to questions last week. “The executive session is meant to protect the individual against public disclosure of the details, but the final action must include enough detail so that the public is at least aware of what the subject matter discussed in executive session was.”

David Francoeur, the agency’s deputy director, has been the acting EMA director in Roger’s absence.

Commissioners generally hold one meeting a month during the summer, instead of two, but a second July meeting may be in the offing, though none was scheduled as of press time this morning.

— Senior Staff Writer Tammy Wells can be contacted at 324-4444 (local call in Sanford) or 282-1535, ext. 327 or [email protected].