Maine meeting records: what the minutes or recording must show
Short answer
A Maine board makes a record of each meeting that needed notice, within a reasonable period of time, open to public inspection. It gives the date, time and place, each member as present or absent, and all motions and votes, by individual member on a roll call. Written minutes or an audio, video or other electronic recording counts. The Freedom of Access Act sets no number of days. An advisory body with no decision-making authority needs no record.(1 M.R.S. § 403(2); 1 M.R.S. § 403(3); 1 M.R.S. § 403(6))
Where this fits in your meeting cycle: Clarivis is software that helps a board follow these steps: it records how the notice was posted, lists the duties it does not check, flags an executive session item until a Statutory basis is selected, and drafts the minutes for your board to correct and approve; it counts no notice or minutes deadline, because the Freedom of Access Act sets none, and it does not post the notice for you.
See how Clarivis helpsQuestions on this page
What must the record include?
Statute text
“Unless otherwise provided by law, a record of each public proceeding for which notice is required under section 406 must be made within a reasonable period of time after the proceeding and must be open to public inspection. At a minimum, the record must include: A. The date, time and place of the public proceeding; B. The members of the body holding the public proceeding recorded as either present or absent; and C. All motions and votes taken, by individual member, if there is a roll call.”
In plain terms, for each meeting that needed notice:
- When and where: the date, time and place of the meeting.
- Who: each member of the board, recorded as present or absent.
- What was decided: all motions and votes. On a roll call, each member's vote is recorded by name.
That is the minimum. The law asks for no names of speakers and no summary of the discussion; a board may record more.
Can a recording be the record?
Yes:
Statute text
“An audio, video or other electronic recording of a public proceeding satisfies the requirements of subsection 2.”
So a board may keep written minutes, a recording, or both. § 403(2) says nothing about approving the record. Many boards approve written minutes at a later meeting as a matter of practice.
When is the record due?
Within a reasonable period of time after the meeting (§ 403(2)). The Freedom of Access Act sets no number of days. What is reasonable depends on the facts; that is a plain reading of the words, not settled by a court.
In practice, a record ready soon after the meeting is easier to show was made within a reasonable time. That is practice, not a rule in the law, and it sets no number.
If a record is not made, the board's actions still stand:
Statute text
“The validity of any action taken in a public proceeding is not affected by the failure to make or maintain a record as required by this section.”
The duty to make the record still applies.
Which boards need no record?
An advisory body with no power to decide:
Statute text
“Subsection 2 does not apply to advisory bodies that make recommendations but have no decision-making authority.”
Whether a particular body only makes recommendations is a question about that body. This guide reads the words plainly; no court has settled which bodies qualify. Such a body's meetings are still open to the public, and it may keep a record anyway.
How are votes recorded?
On a roll call, each member's vote is recorded by name (§ 403(2)). At a meeting held with remote participation under the board's written policy, every vote is a roll call (§ 403-B(2)(A), (F), (G)), so every vote there is recorded by member.
The law does not say the record must show which members joined remotely. This guide reads it plainly and does not ask for it; no court has settled it. See the remote participation guide.
A board of 3 or more acts by majority unless its own law says otherwise:
Statute text
“Words in any statute, charter or ordinance giving authority to 3 or more persons authorize a majority to act when the statute, charter or ordinance does not otherwise specify.”
Are some decisions also put in writing?
Yes, a decision that conditionally approves or denies a permit:
Statute text
“Every agency shall make a written record of every decision involving the conditional approval or denial of an application, license, certificate or any other type of permit.”
That record also gives the reasons for the decision and written findings of fact, enough to tell the applicant and the public the basis for it, and it is kept and open to any interested member of the public (§ 407(1)).
And a decision to dismiss someone, or not to renew their contract:
Statute text
“Every agency shall make a written record of every decision involving the dismissal or the refusal to renew the contract of any public official, employee or appointee. The agency shall, except in case of probationary employees, set forth in the record the reason or reasons for its decision and make findings of fact, in writing, sufficient to apprise the individual concerned and any interested member of the public of the basis for the decision. A written record or a copy thereof must be kept by the agency and made available to any interested member of the public who may wish to review it.”
So that record gives the reasons and written findings of fact, except for a probationary employee, where the record is still made. It is kept and open to any interested member of the public. These duties are in addition to the meeting's record.
Are minutes filed with a state office?
No. The Freedom of Access Act requires no filing of the record with a state office (§ 403(2)). The board makes the record and keeps it open to public inspection.
How long the record is kept follows the record management requirements and retention schedules adopted under Title 5, chapter 6, which § 403(4) applies to it; this guide does not cover those schedules.
Is a record kept of an executive session?
The law requires no record of the closed discussion itself. The vote to go in is public and recorded:
Statute text
“An executive session may be called only by a public, recorded vote of 3/5 of the members, present and voting, of such bodies or agencies.”
Read plainly, the open part of the meeting, including that vote, belongs in the meeting's record, even when the meeting was held only to go into executive session. That is a plain reading, not settled by a court. Nothing is finally approved inside (§ 405(2)), so a final decision is taken, and recorded, in open session. See the executive session guide.
Checklist after each meeting
- A record of the meeting is made within a reasonable period of time and is open to public inspection.
- Date, time and place of the meeting.
- Each member of the board, recorded as present or absent.
- All motions and votes, with each member's vote on a roll call.
- At a meeting with remote participation: every vote taken by roll call.
- Conditional approvals and denials of permits, dismissals and contracts not renewed, recorded in writing with the reasons and findings of fact (for a dismissal or a contract not renewed, except for a probationary employee).
What the law does not settle
These are questions to take to your municipal attorney; this guide does not answer them.
- How soon a record must be made for its timing to be reasonable.
- Which bodies are advisory with no decision-making authority, and whether that reaches a planning board's advisory work.
- Whether the record of a meeting with remote participation must show which members joined remotely.
How Clarivis helps
Clarivis drafts; people decide. Your board reviews, corrects and approves the minutes.
- Records and transcribes the meeting, then drafts minutes from the transcript for your Committee Admin or Editor to read, correct and approve.
- Shows no minutes deadline, because the Freedom of Access Act sets none, and raises no compliance item for minutes not yet marked available.
- Records the approval when your board approves the minutes, so the meeting shows them as approved.
Related guides
- When and how a Maine board gives notice of a meetingBoards of 3 or more, ample time with no deadline, a method that reaches the public, emergencies
- Executive session in Maine: when a board can meet in private, and what followsThe listed matters, the motion and vote, nothing finally approved inside
- What counts as a meeting in Maine: quorum, email and talking outside a meetingPublic proceedings, email, and talks outside a meeting
- Remote meetings in Maine: the written policy, notice, roll calls and recordingThe written policy, notice, roll-call votes and recording
This guide for other states
Sources
- 1 M.R.S. § 403, meetings open to the public and the record (Freedom of Access Act): legislature.maine.gov/statutes/1/title1sec403.html
- 1 M.R.S. § 403-B, remote participation: legislature.maine.gov/statutes/1/title1sec403-B.html
- 1 M.R.S. § 405, executive sessions: legislature.maine.gov/statutes/1/title1sec405.html
- 1 M.R.S. § 407, decisions: legislature.maine.gov/statutes/1/title1sec407.html
- 1 M.R.S. § 71, rules of construction: legislature.maine.gov/statutes/1/title1sec71.html