By Ryan Michaels, Journalist | The Maine Mirror
A small town in northern Maine has spent more than $18,000 in taxpayer funds on legal fees tied to public records requests—while the underlying records remain only partially disclosed.
The figure, $18,642.64 in outside counsel costs related to Freedom of Access Act (FOAA) matters, was revealed in a billing summary provided by the Town of Woodland after months of requests and follow-ups. The disclosure raises broader questions about how municipalities across Maine are handling public records requests—and at what cost to taxpayers.
At the same time, the full scope of records requested—such as invoices, contracts, and payment details—has still not been produced.
Image Title: Town of Woodland FOAA Legal Billing Summary (Jan 2023 – Feb 2026)
(A billing summary obtained through a Freedom of Access Act request shows $18,642.64 in legal fees incurred by the Town of Woodland related to FOAA matters.)
A Costly Process for Accessing Public Records
In November 2025, a FOAA request was submitted to the Town of Woodland seeking records related to the town’s use of outside legal counsel, including billing records, communications, and FOAA-related legal activity.
After initial acknowledgment, the process became increasingly complex.
The town issued a $1,500 estimate to continue processing the request and required a $750 upfront payment before proceeding. A request for a fee waiver—submitted on the grounds of public interest and non-commercial use—was denied without a detailed explanation addressing statutory criteria.
Despite that requirement, the town later produced a billing summary without requiring payment—confirming that at least some records were readily accessible without the extensive review previously cited.
Still, key records remain outstanding.
Repeated requests for clarification—including itemized explanations of the fee estimate and justification for the denial of a fee waiver—have gone unanswered.
As of late March 2026, the request remains unfulfilled.
A Similar Pattern in Southern Maine
A separate FOAA request submitted to the Town of Berwick in February 2026 followed a different path—but led to a similar result.
That request, seeking updated legal expenditure records, was acknowledged by the town’s legal counsel, Bernstein Shur, which estimated a 14-day timeline for production.
That deadline passed.
Multiple follow-ups were sent. No records were produced. No explanation was provided.
The silence has continued.
A Broader Question of Transparency
While the two cases involve different municipalities—Woodland in northern Maine and Berwick in the south—the similarities are difficult to ignore.
In both instances:
* Public records requests were formally acknowledged
* Legal counsel was involved
* Access to records was delayed or restricted
* Key documents remain unproduced
In Woodland, access was conditioned on payment and partial records were released inconsistently. In Berwick, a production timeline was set and missed, followed by a lack of communication.
Together, these cases suggest a broader issue:
Public access to records may be increasingly shaped by legal processes, cost barriers, and administrative delays.
Taxpayer Dollars and Public Access
The use of outside legal counsel in FOAA matters is not inherently improper. Municipalities are permitted to seek legal guidance, particularly when questions of privilege or statutory interpretation arise.
However, the scale of spending—and its relationship to delayed or incomplete disclosure—raises important questions:
* How much are Maine towns spending to manage or respond to FOAA requests?
* Are legal costs becoming a barrier to public access?
* Are fee structures and delays discouraging transparency?
In Woodland, the disclosed $18,642.64 in FOAA-related legal costs represents a significant expenditure for a small municipality. The fact that these costs were incurred while the request remains incomplete adds to the concern.
Requests for Comment
Requests for comment were sent to the Town of Woodland, the Town of Berwick, and Bernstein Shur regarding the handling of these FOAA requests, associated costs, and current status of outstanding records.
As of publication, no responses have been received.
The Purpose of FOAA
Maine’s Freedom of Access Act is intended to ensure that the public can access government records and understand how decisions are made and how taxpayer funds are spent.
At its core, FOAA is meant to promote transparency—not create barriers to it.
When access to records becomes delayed, conditioned on significant fees, or left unresolved, it raises a fundamental question:
Is the system functioning as intended—or becoming something else entirely?
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