How to File a Public Records Request in Scarborough, Maine

What Is the Maine Freedom of Access Act?

The Maine Freedom of Access Act (FOAA), codified at 1 M.R.S.A. §§ 400–414 (Title 1, Chapter 13, Subchapter 1), guarantees every person the right to inspect and copy public records held by state and local government bodies and agencies. First enacted in 1959, the law applies to all levels of Maine government — state, county, and municipal — including the Town of Scarborough and its departments.

A 'public record' under the FOAA is broadly defined as any written, printed, graphic, or electronic data compilation in the possession or custody of a government agency that was received or prepared in connection with the transaction of public business. This includes meeting minutes, council agendas, contracts, permits, budget documents, emails, text messages, inspection reports, and planning files.

The FOAA contains over 22 enumerated exemptions — and hundreds more scattered throughout other Maine statutes — covering categories such as certain personnel records, medical records, attorney-client communications, juvenile records, law enforcement investigative records, and security plans. Critically, the burden of proving that an exemption applies rests with the government agency, not the requester. No person is required to state a reason for their FOAA request, and the law places no restriction on how records may be used once obtained.

Read the full text of the Maine Freedom of Access Act (1 M.R.S.A. §§ 400–414 (Title 1, Chapter 13, Subchapter 1))

How to File a Public Records Request with the Town of Scarborough

How to Submit Your Request

The Town of Scarborough strongly encourages all FOAA requests to be submitted in writing, though the FOAA does not require it. Written requests create a clear record of when the request was received and precisely what documents were sought. You may deliver a written request in person to Room 215 at Scarborough Town Hall during business hours, or mail it to the Town Clerk's Office at P.O. Box 360, Scarborough, ME 04070. A standard request form is available on the Town's FOAA policy document and in the Clerk's Office. Your request must describe by name or reasonable description the specific documents you seek — the Town cannot honor requests for records that do not yet exist, and requests should be for documents in existence on the date of submission. For questions, contact Public Access Officer Kristen Barth through the Town Clerk's Office.

What to Include in Your Request

• Your full name and contact information (mailing address, email, phone)
• A specific description of the records you are seeking — name, type, subject, or date range
• The department or office likely to hold the records, if known
• Your preferred format for receiving records (paper copies, electronic files, in-person inspection)
• Whether you are willing to pay fees, and any fee threshold above which you want notification before the Town proceeds
• The subject line or title 'FOAA Records Request' to facilitate routing
• A request for a fee waiver if applicable, with a brief statement of public interest or financial need

Response Deadlines and What to Expect

Maine's FOAA does not set a fixed deadline for producing requested records, but it does impose a firm deadline for responding to denials. Under 1 M.R.S.A. § 409-A, if the Town of Scarborough intends to deny your request — in whole or in part — it must notify you in writing within five business days of receiving the request. A failure to respond within that period constitutes a constructive denial under the law, which you may treat as a formal refusal and appeal accordingly.

For requests that are granted, the Town must provide access or copies 'within a reasonable time.' What constitutes 'reasonable' depends on the scope and complexity of the request. Simple requests for a handful of documents may be fulfilled within days; broader requests involving multiple departments or requiring review and redaction of confidential material can take weeks. The Town may ask for clarification to help locate records, and it is generally in your interest to respond promptly to any clarifying questions.

Fees are governed by 1 M.R.S.A. § 408-A. Agencies may charge for copying and for staff time involved in searching, retrieving, compiling, or converting records — but only after the first hour of staff time. Labor charges are capped at $10 per hour. Inspection of records is free unless conversion or compilation is required. Under Scarborough's FOAA policy, advance payment may be required when estimated costs exceed $100, or if you have previously failed to pay fees in a timely manner. Fee waivers are available in limited circumstances, including when the request is made on behalf of the public good or when the requester lacks the financial means to pay.

What to Do If Your Request Is Denied or Delayed

If the Town of Scarborough denies your FOAA request, it must do so in writing within five business days and must identify the specific statutory exemption it is relying on. A blanket refusal without a cited exemption is not sufficient under Maine law. If the Town fails to respond within five business days of receiving your request, that non-response is treated as a constructive denial — you don't have to wait indefinitely.

Common reasons for denial include claims that records are confidential under a statutory exemption (such as personnel files, medical records, or law enforcement investigative records), that the records don't exist, or that the request is insufficiently specific to identify responsive documents. If only a portion of a record is exempt, the non-exempt portions must still be disclosed with confidential material redacted.

Before escalating, consider contacting the Town Clerk's Office directly to discuss the denial. Sometimes a narrowed or better-described request will resolve the issue. You can also contact Maine's Public Access Ombudsman in the Office of the Attorney General — the Ombudsman provides free informal dispute resolution and can help both requesters and agencies reach compliance without litigation.

If informal resolution fails, your formal recourse is to file a petition in Maine Superior Court under 1 M.R.S.A. § 409(1). Appeals in Maine are given expedited treatment. If the court finds the Town's refusal was made in bad faith, you may recover reasonable attorney's fees and litigation expenses under 1 M.R.S.A. § 409(4). Note that this is a bad-faith standard — courts do not automatically award fees to every prevailing requester, only those where the agency's conduct was found to be in bad faith.

Steps to Appeal

1. Review the denial letter and confirm the Town cited a specific statutory exemption — a denial without a legal basis is itself a violation.
2. Contact the Town Clerk's Office (Public Access Officer Kristen Barth) to seek clarification or request reconsideration; a revised or narrowed request may resolve the dispute.
3. Contact Maine's Public Access Ombudsman at the Office of the Attorney General, (207) 626-8577, for free informal mediation and advisory guidance under 5 M.R.S.A. § 200-I.
4. If mediation is unsuccessful, file a petition for judicial review in any Maine Superior Court under 1 M.R.S.A. § 409(1); FOAA cases receive expedited treatment on the court's docket.
5. Request an emergency hearing if the delay or denial is causing immediate harm — courts have authority to issue emergency orders directing compliance.
6. If the court rules in your favor and finds the Town's refusal was 'in bad faith,' seek an award of reasonable attorney's fees and litigation costs under 1 M.R.S.A. § 409(4).
7. For willful violations, note that the Office of the Attorney General or a District Attorney may pursue civil penalties up to $500 per violation against the Town under 1 M.R.S.A. § 410.

Types of Records You Can Request from Scarborough, Maine

Virtually any document created or received by the Town of Scarborough in connection with the transaction of public business is presumptively a public record under the FOAA. Here are common record types that residents, journalists, and researchers frequently request from Scarborough's municipal government.

• Town Council meeting minutes, agendas, and approved resolutions
• Annual municipal budgets, budget amendments, and audited financial statements
• Contracts and agreements between the Town and private vendors or contractors
• Building permits, code enforcement inspection reports, and certificate of occupancy records
• Zoning board and planning board decisions, variance applications, and site plan approvals
• Police department incident reports and call-for-service logs (subject to law enforcement exemptions)
• Town employee payroll records and compensation data (public portions)
• Property assessment records and tax maps maintained by the Assessing Department
• School board meeting minutes, budgets, and publicly available administrative records
• Scarborough Marsh and environmental permits, wetland applications, and conservation records
• Public works contracts, road maintenance records, and infrastructure project files
• Grant applications and awarded grant agreements involving Town funds
• Ethics filings, conflict-of-interest disclosures, and campaign finance reports
• Emergency management plans and after-action reports (non-security-sensitive portions)
• Town Manager correspondence and official communications related to public business

If you're unsure whether a specific document is a public record, file the request anyway. The burden is on the Town of Scarborough to justify withholding — not on you to pre-determine what's available.

Tips for Effective Public Records Requests in Scarborough