WEST PARIS — The West Paris Select Board held a hastily scheduled meeting, mostly in executive session, the morning of Monday, July 1 – with notice posted to the West Paris community Facebook page less than four hours before it was held.

Notice was, however, posted on the door of the West Paris town office and on the town website Saturday, according to Town Manager Joy Downing. The town office is closed on Saturdays.

The Advertiser Democrat was not informed prior to the meeting. Notification to the press and public is  required by Maine’s Freedom of Access Act, or “right to know” law, in the rare occurrence where an “emergency meeting” must be called.

The law mandates posting notice of a newly scheduled meeting: “This notice shall be given in ample time to allow public attendance and shall be disseminated in a manner reasonably calculated to notify the general public in the jurisdiction served by the body or agency concerned. In the event of an emergency meeting, local representatives of the media shall be notified of the meeting, whenever practical, the notification to include time and location, by the same or faster means used to notify the members of the agency conducting the public proceeding.”

The law does not define “emergency meeting,” but a reasonable interpretation might be that it means any meeting where, by virtue of unforeseeable circumstances, a board is required to act before its customary meeting. Emergency meetings with notice can be held (which should be a rare exception),” according to advice that the Maine Municipal Association’s Legal Service Department provides to municipalities.

“Ordinarily this notice must be given in ample time to allow public attendance and in a manner reasonably calculated to notify the general public,” the notice states. “In this case, the law requires that local representatives of the media be notified of the meeting, whenever practical, by the same or faster means as used to notify board members.”

“It seeks to protect not only the community, but the property taxpayers and employees,” Kate Dufour, director of advocacy and communications at the Maine Municipal Association, said by phone.

The meeting consisted almost entirely of a 30-to-45-minute executive session to allow the select board and town manager to receive “legal consultation” from the town attorney during a phone conference, Downing said.

An executive session is a private meeting, usually held before or after a public meeting but sometimes during, where board members discuss confidential matters such as legal issues or personnel matters without the public or press present.

Elected officials must vote in an open meeting to enter an executive session, and they must state the nature of the business to be conducted outside of public view.

There is a limited list of allowable business that can be conducted in executive session. The list is as follows:

A. Discussion or consideration of the employment, appointment, assignment, duties, promotion, demotion, compensation, evaluation, disciplining, resignation or dismissal of an individual or group of public officials, appointees or employees of the body or agency or the investigation or hearing of charges or complaints against a person or persons subject to the following conditions:

(1) An executive session may be held only if public discussion could be reasonably expected to cause damage to the individual’s reputation or the individual’s right to privacy would be violated;

(2) Any person charged or investigated must be permitted to be present at an executive session if that person so desires;

(3) Any person charged or investigated may request in writing that the investigation or hearing of charges or complaints against that person be conducted in open session. A request, if made to the agency, must be honored; and

(4) Any person bringing charges, complaints or allegations of misconduct against the individual under discussion must be permitted to be present.

This paragraph does not apply to discussion of a budget or budget proposal;   [PL 2009, c. 240, §2 (AMD).]

B. Discussion or consideration by a school board of suspension or expulsion of a public school student or a student at a private school, the cost of whose education is paid from public funds, as long as:

(1) The student and legal counsel and, if the student is a minor, the student’s parents or legal guardians are permitted to be present at an executive session if the student, parents or guardians so desire;   [PL 2009, c. 240, §2 (AMD).]

C. Discussion or consideration of the condition, acquisition or the use of real or personal property permanently attached to real property or interests therein or disposition of publicly held property or economic development only if premature disclosures of the information would prejudice the competitive or bargaining position of the body or agency;   [PL 1987, c. 477, §3 (AMD).]

D. Discussion of labor contracts and proposals and meetings between a public agency and its negotiators. The parties must be named before the body or agency may go into executive session. Negotiations between the representatives of a public employer and public employees may be open to the public if both parties agree to conduct negotiations in open sessions;   [PL 1999, c. 144, §1 (RPR).]

E. Consultations between a body or agency and its attorney concerning the legal rights and duties of the body or agency, pending or contemplated litigation, settlement offers and matters where the duties of the public body’s or agency’s counsel to the attorney’s client pursuant to the code of professional responsibility clearly conflict with this subchapter or where premature general public knowledge would clearly place the State, municipality or other public agency or person at a substantial disadvantage;   [PL 2009, c. 240, §2 (AMD).]

F. Discussions of information contained in records made, maintained or received by a body or agency when access by the general public to those records is prohibited by statute;   [PL 1999, c. 180, §1 (AMD).]

G. Discussion or approval of the content of examinations administered by a body or agency for licensing, permitting or employment purposes; consultation between a body or agency and any entity that provides examination services to that body or agency regarding the content of an examination; and review of examinations with the person examined; and   [PL 1999, c. 180, §2 (AMD).]

H. Consultations between municipal officers and a code enforcement officer representing the municipality pursuant to Title 30‑A, section 4452, subsection 1, paragraph C in the prosecution of an enforcement matter pending in District Court when the consultation relates to that pending enforcement matter.

In this instance, section E. of the executive session law was cited. Its description reads: “Consultations between a body or agency and its attorney concerning the legal rights and duties of the body or agency, pending or contemplated litigation, settlement offers and matters where the duties of the public body’s or agency’s counsel to the attorney’s client pursuant to the code of professional responsibility clearly conflict with this subchapter or where premature general public knowledge would clearly place the State, municipality or other public agency or person at a substantial disadvantage.”

Under this section, municipalities are not required to disclose any information other than the fact that the executive session involves a meeting with the town attorney, Dufour said.

In the open session of the July 1 meeting, the board approved a warrant in the amount of $4,593.48 – to pay for mowing and to pay a bill from the Maine Department of Inland Fisheries & Wildlife, Downing said. The meeting was called to order at 10:45 a.m. and adjourned at 12:01 p.m.

Downing received a call from the town attorney on Thursday, who expressed a need to meet with the select board. She then called a meeting for Monday, July 1, with notice first posted at the town office and on the town website Saturday.

The West Paris Select Board will next meet at the town office at 5 p.m. July 11.