Michael A. Doyle v. Town of Falmouth et al.

Summary

The Maine Supreme Judicial Court affirmed judgment for the Town of Falmouth and Falmouth School Department in a Freedom of Access Act dispute concerning redacted cellular telephone records of a former school superintendent. The court held that work-issued cellular telephone numbers of public employees, records of calls unrelated to government business, and telephone numbers of students' parents were properly redacted under applicable statutory and federal confidentiality provisions. The court also affirmed the denial of the appellant's request to review information submitted for in camera inspection.

Holdings

1. Personal cellular telephone numbers of public employees are exempt from disclosure under 1 M.R.S. § 402(3)(O), including work-issued cellular telephone numbers that employees may use for personal purposes.
2. Records of telephone calls unrelated to the transaction of public or governmental business are not public records under FOAA and may be redacted.
3. Telephone numbers of Falmouth students' parents were properly redacted because they were confidential by statute and therefore exempt from FOAA disclosure.
4. The Superior Court did not err in denying Doyle access to the redacted information submitted for in camera inspection.

Questions Presented

1. Whether personal cellular telephone numbers of public employees, including numbers for work-issued cellular telephones that may be used for personal purposes, are exempt from disclosure under 1 M.R.S. § 402(3)(O).
2. Whether records of telephone calls unrelated to public or governmental business are public records subject to disclosure under the Freedom of Access Act.
3. Whether telephone numbers of Falmouth students' parents are confidential and exempt from disclosure under the Freedom of Access Act because of the Family Educational Rights and Privacy Act and related Maine law.
4. Whether the Superior Court erred by denying Doyle access to the redacted information submitted for in camera review.

Disposition

affirmed