STATE OF MAINE SUPERIOR COURT ANDROSCOGGIN, ss. CIVIL ACTION DOCKET NO. #P-19- (14 ce ZACHARY MAHER, Appellant DOM OF ACCESS ACT APPEAL PURSUANT TO I MRS. § 409 TOWN OF MECHANIC FALLS, JUL 1119 pH12:28 ANDRO SUPERIOR COURT v. Appellee 1. Zachary Maher is a resident of Poland, Androscoggin County, Maine. 2. Mechanic Falls is a municipality located in Androscoggin County, Maine, 3. Zachary Maher was the Town Manager of the Town of Mechanic Falls prior to June 17, 2019. 4. OnJune 17, 2019 the Town Council of the Town of Mechanic Falls attempted to terminate the employment of Zachary Maher by a4 to 1 vote. A true and accurate recording of that meeting is accessible at: https://www.youtube.com/watch?y=nx26H 1 7tsag (Part 1), hittps://www.youtube,com/watch?v=EYtKrV_-ayQ (Part 2) and https://www. youtube.com/wateh? =f{90TBKYxL804t=54s (Part 3) is At that June 17, 2019 meeting, and as evident from the recording, the Council met in executive session in a manner seeking to defeat the purposes of the Freedom of Access Act in violation 1 M.R.S. § 405(1). Moreover, the Council voted unlawfully to terminate Mr. Maher in executive session and outside of the public view in violation of 1 M.R.S. § 405(2). Additionally, and also in violation of I M.R.S. § 405(1) the Council did not debate any components of its decision to terminate Mr. Maher in public session, rather all debate occurred during the course of approximately one hour executive session that was not held within public view. |6. Additionally, during the June 17, 2019 meeting, it was revealed in the comments of Councilors, including Chairwoman, Fifield that consultations had occurred with the Town’s ‘Attorney, Jack Conway, In those discussions, evidently Ms. Fifield was informed that she would be able to vote. It appears therefore that Executive sessions had been called to discuss this matter in violation of 1 M.R.S. § 405(3) which requires that “an executive session may be called only by a public recorded vote of 3/5 of the members present in voting, of such bodies or agencies” and that if such executive session had occurred that no public notice as required by 1 MRS. § 406 been given such meeting was also not open to the public as required by 1 M.R.S. § 403. 7. Additionally, at the June 17, 2019 meeting, after having police escort Mr. Maher from the building, and adjourning the meeting, the Council held a meeting that was unnoticed pursuant to 1 M.R.S. § 406, was not open to the publie pursuant to | M.R.S. § 403. As is evident from the Couneil’s decision to turn off the camera during the second unnoticed meeting the Council willfully violated the intent of the Freedom of Access Act to provide public access to meetings. The decision to turn off a camera at this time violated § 404 and the general purposes of the Freedom of Access Act, 8, On June 19, 2019, counsel for Mr. Maher sent a letter to several individuals at the “Town indicating the unlawfulness of the proceedings that had occurred on June 17, 2019 and clearly and directly making a Freedom of Access request pursuant to 1 M.R.S. § 408-A for the inspection and copying of several public records. A true and accurate copy of that letter is attached hereto end incorporated herein as Exhibit A. 9, Subsequent to the June 17, 2019 meeting, the Council approved minutes for the June 17, 2019 meeting. Those minutes indicate that the Council entered executive session pursuant to 1 M.R.S. § 405@6)D, which pertains to discussion of labor contracts and is thereforeform the basis for discussion of termination of Mr. Maher. A true and accurate copy of the minutes is attached hereto and incorporated herein as Exhibit B. 10. On June 25, 2019 without disclosing contents of a preliminary resolution, and holding those contents from public disclosure, the Council voted to approve a preliminary resolution regarding the potential termination of Mr. Maher, despite their meeting a week earlier, in which they attempted to terminate him. 11. During the June 25, 2019 meeting, Chairwoman Fifield indicated that the Council has met with Attorney Conway on June 24, 2019. This was yet another unnoticed non-public, illegal executive session in violation of 1 M.R.S. §§ 403, 405, and 406, 12. As of the filing of this appeal, the Town has not acknowledged receipt of the Freedom of Access Act requests made in Exhibit A, in violation of | M.R.S. § 408-A@). Moreover they have not provided a good faith, nonbinding estimate of the time within which the agency or official will comply with the request, as well as a cost estimate, It appears they have made no efforts to collect any such documents, nor have they provided a single document as required by statute, 13, Hearing regarding these issues will occur within the next few weeks, receiy}t of the required records is vital to Mr. Maher's ability to respond to attempts to terminate him, and therefore his due process. This matter should be expedited for hearing. 14. The actions, and failures of the Board to comply with Maine’s Freedom of Access Act are in violation of 1 M.R.S. §§ 401, 403, 404, 405, 406, 407, 408-A, and 410 and are without just and proper cause and in bad faith.