. Date: Tue, 6 Sep 2011 12:36:11 -0400 From: Dwight Hines <dwight.hines@xxxxxxxxx> Reply-To: Net-Gold@xxxxxxxxxxxxxxx To: Net-Gold@xxxxxxxxxxxxxxx Subject: [Net-Gold] My My First Maine Legislative Subcommittee Meeting of the Maine Right to Know Advisory Committee My First Maine Legislative Subcommittee Meeting of the Maine Right to Know Advisory Committee August 4, 2011 Dwight Hines I attended my first Right to Know Advisory Committee, Legislative Subcommittee this afternoon in Augusta and it was disappointing for several reasons. Judy Meyer, Chair of the subcommittee, misunderstood my objection to the representative of the Maine Municipal Association being on the committee and any of its subcommittees as an objection to the individual representative, Mr. Flewelling. I?ve written to correct that mistake so she knows that any representative of Maine Municipal Association is unacceptable due to conflicts of interests and blatant biases against individuals who make public records requests. I also told Mr. Flewelling immediately after the meeting that my objections were not personal and he said he knew they were not personal. My second disappointment was when I called the Reporters? Committee for a Free Press to see what was necessary to obtain an injunction against the participation of MMA in the committee and subcommittee meetings and was told that they focus on just getting meetings open. I was confused because I thought they did file cases where there were obvious, well-documented conflicts of interests and biases when an organization was required to provide objective advice and guidance on legislative issues. I hope I misunderstood because RCFP writes great amici briefs and they would carry the day in any court. My third disappointment was when the Special Assistant Attorney General for Criminal Justice presented an amended criminal justice records bill to the subcommittee and, given that I did not have a copy of the bill, only the old bill, it appeared from just listening that much of the new and improved bill would be unconstitutional, unnecessary, and lacking in common sense. Obviously, I need to get a true copy of the bill. My fourth disappointment was on the discussion of the amended Maine open records, or freedom to access act. I was appalled to hear the MMA representative and the representative talk about how much harm and damage would be caused by requiring the small towns in Maine to respond quickly to public records requests. They had me crying. Crying not for the small disorganized computer illiterate small towns but for the small and medium businesses in those same towns who are required to keep records, detailed records. Those small businesses know that they need the records not just for the government, but so they can manage and market and plan now and in the future. So, it appears that Maine will continue to have one set of record requirements for those in the competitive market place and another, lower set of record requirements for the local governments who have no competition. Having a lower set of standards for local governments that are small and only meet once a week misses the points for having open government. Small towns are where most abusive government practices occur ? no worry about competition, no competitive bidding, little or no enforcement of accuracy in records, and plain general waste. Given that all Maine high school students have a computer given to them by the State of Maine for 5 years, starting in the 8th grade, and given that even the small towns have or are near high schools, wouldn?t it make sense to challenge the students to set up the town records and documents on a webpage for anyone to view or download at their leisure? Office hours would not be an issue. If you wanted to start a business, which town would you want it to be: the one that knows what records they have and where they are and shows them without needing a request? Or one where the town is just too busy and too small to deal with something as unimportant as a public records request? There is little doubt now that Governor Paul LePage?s changes in Maine laws to make Maine more competitive and more attractive to businesses will be partially, if not completely gutted by those who feel small Maine towns, and their high school students, don?t have the abilities to provide good open government. Before going to my last disappointment, let me honor Mr. Chris Cinquemani of the Maine Heritage Policy Center for his excellent work and excellent presentation and excellent responses to questions by members of the subcommittee. Kudos, to both Chris and MHPC. My fifth disappointment is that the Specialist Assistant Attorney General did not mention, not a word, about how the new criminal justice criminal history record bill would improve on the present laws and police practices and prosecutors? practices in failing in protecting women from abuse. It is a scandal that the InterAmerican Commission for Human Rights recently criticized the United States for the widespread practices of ignoring the enforcement of protective orders against the abusers. (REPORT No. 80/11, CASE 12.626, MERITS, JESSICA LENAHAN (GONZALES) ET AL., UNITED STATES (*), July 21, 2011). Europe is also ahead of US in these fundamental justices (Human Rights Watch & Council of Europe?s ?Domestic Violence Convention?,< http://www.hrw.org/node/101413?tr=y&auid=9419179>. A half disappointment, maybe a third of a disappointment was that Governor LePage is concerned about how much time his staff is spending gathering up bills, food bills, to show public record requesters how much he is costing the taxpayers while living in the Governor?s mansion. Reminds me of the time when we did a research project with the University of Maine in the local state hospital where we weighed and measured every single thing for each autistic patient on a locked ward to see if the food intake (broken down into constituent amino acids, protein, fats, etc.,) predicted behaviors. Well, food intake wasn?t a predictor for autistic patients but it might be for Governors. So, Governor, while you?re walking over to the nearest high school from the Governor?s mansion, be aware that someone might be counting your steps and measuring your speed. You don?t have to tell the monitors that you are going to the high school to issue a Governor?s Challenge to the students: Design and build and inexpensive sensor that will automatically record my food purchases (grocery store cash registers are all digital) onto a flash drive that a member of my staff can hand to anyone making a food based public records request. In the alternative, have the grocery store tell you how they can do it for the Governor, and any one else who wants that level of information, for 25 cents a visit. The key points here are that inability to respond quickly to public records requests is not best solved by either or legislation, that the ability to create and respond quickly to public records requests are solvable by Maine high school students, who need to know what they are learning has real now applied value to the Governor and every one else. Finally, listening and watching the subcommittee members today led me to believe that these folks are isolated from the harsh economic realities that most Mainers must face daily. It?s an unhealthy isolation because it is likely that the subcommittee members have never had to meet a payroll or function alone in a harsh competitive market place. The people of Maine deserve representation from across the income and occupation spectra. Stay tuned for the end of the month meeting of the full Right to Know Advisory Committee. If you know of any women who think domestic violence laws need improving, invite them. 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