By Ryan Michaels, Journalist | The Maine Mirror

After examining recent Freedom of Access Act (FOAA) requests in two Maine municipalities, a broader question has begun to emerge:

Are these isolated incidents—or part of a larger pattern in how public records requests are being handled across the state?

In a previous report, The Maine Mirror documented how the Town of Woodland incurred over $18,000 in legal fees related to FOAA matters while key requested records remained outstanding.

(Exhibit A – Town of Woodland FOAA Legal Billing Summary (2023–2026).png)

At the same time, a separate request submitted to the Town of Berwick resulted in acknowledged timelines that passed without production or explanation.

While the circumstances in each town differ, the outcomes share notable similarities—delays, limited access, and a lack of clear communication.

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A Pattern Worth Examining

In both Woodland and Berwick:

• FOAA requests were formally acknowledged
• Legal counsel became involved in the process
• Timelines were extended or missed
• Key records remain unproduced

In Woodland, access to records was conditioned on a substantial fee estimate, including a required upfront payment before processing would begin.

(Exhibit B – Town of Woodland FOAA Fee Estimate and Payment Requirement.png)

In Berwick, a production timeline was provided—but not met.

(Exhibit C – Berwick FOAA Acknowledgment and Estimated Timeline.png)

These differences in process—but similarities in outcome—raise an important question:

Is access to public records becoming increasingly shaped by cost, delay, and administrative discretion?

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The Role of Fees and Legal Review

Under Maine’s FOAA statute, municipalities are permitted to charge fees for the time required to search, retrieve, and review records. They may also consult legal counsel when necessary.

However, the application of these provisions—and the scale at which they are used—can significantly impact access.

When fees are introduced, especially without detailed justification, they may create barriers for individuals seeking information in the public interest.

In Woodland, a fee waiver request submitted on the basis of public interest was denied. Despite this, some records were later released without requiring payment—raising questions about how accessibility is determined.

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Delays Without Explanation

In Berwick, the issue was not cost—but silence.

A FOAA request was acknowledged by legal counsel, and a 14-day timeline for production was provided.

That deadline passed.

Follow-up communication was sent seeking clarification and updated timelines.

(Exhibit D – Follow-Up Communications with No Response.png)

No records were produced. No explanation was given.

While delays can occur for legitimate reasons, the absence of communication presents a different concern—one that directly impacts public trust.

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A System Under Strain—or Something More?

FOAA exists to ensure that the public can access government records, understand how decisions are made, and see how taxpayer funds are spent.

When that process becomes inconsistent—whether through cost barriers, extended delays, or lack of communication—it raises broader questions about how the system is functioning in practice.

At present, it remains unclear how widespread these issues may be.

Are Woodland and Berwick outliers?

Or are they examples of a broader shift in how public records requests are managed across Maine?

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A Call for Transparency—and Input

To better understand the scope of this issue, The Maine Mirror is seeking input from the public.

Have you submitted a FOAA request in Maine?

• Were fees required?
• Were timelines met?
• Were records fully produced?
• Did communication remain consistent throughout the process?

If you have experienced delays, unexplained fees, or difficulty accessing public records, you are encouraged to share your experience.

📩 tips@themainemirror.com

Public access to information is not just a statutory right—it is a cornerstone of accountability.

Understanding how that access is functioning in practice is a question worth asking.

****Requests for comment were sent to the Town of Woodland, the Town of Berwick, and Bernstein Shur seeking clarification on FOAA handling, associated legal costs, and delays in record production.

As of publication, no responses have been received. Any responses will be incorporated into this article or addressed in a follow-up report.