Maine news, sports, weather from Waterville Morning Sentinel

Newspaper appeal asks for ruling on document request

By Betty Adams badams@centralmaine.com
Staff Writer

AUGUSTA -- The Kennebec Journal wants a judge to order the state to provide documents it received in John Richardson's effort to get public funding for his gubernatorial run.

MaineToday Media, owner of the Kennebec Journal in Augusta, Morning Sentinel in Waterville and the Portland Press Herald, filed a complaint Friday in Kennebec County Superior Court against the Maine Commission on Governmental Ethics and Election Practices after it refused to release records.

The ethics panel says the documents are confidential by statute because they involve intelligence and investigative information, and because they have been referred to the Attorney General's Office.

The appeal is brought under the state's Freedom of Access Act and seeks an expedited hearing. No hearing was set as of Friday.

"If a record is public, it should remain public," said Sigmund Schutz, the attorney representing the newspaper. Schutz is also the attorney for the Maine Press Association. "The state's position is public records can be transformed into secret, confidential records if they're pertinent to an investigation."

The ethics commission is represented by the Office of the Maine Attorney General. A spokeswoman there said it is policy not to comment on pending litigation. She said the state's response will be filed in court.

The complaint says, "The Kennebec Journal and the public at large have the highest interest in public access to records shedding light on the state's public campaign financing system, which funnels millions of dollars of public money to candidates seeking state elective office."

The newspaper sought "official correspondence of commission staff and commissioners, including e-mail messages," about Richardson's application; all complaints about circulators working on behalf of Maine gubernatorial candidates in the 2010 campaign; a list of those seeking contributions for Richardson; records of checks and other financial transactions made on behalf of Richardson; an electronic, alphabetical list of qualifying contributors organized by town; copies of receipts for contributions signed by campaign workers or circulators; an electronic list of seed money donors; all the campaign bank statements, and receipts for money order purchases made by Richardson's campaign.

The lawsuit says the commission is in violation of the state's Freedom of Access Act by refusing to provide the records in electronic format, and seeks a judge's order to disclose the records and pay legal costs.

In a letter denying access to most of the records sought, Paul Lavin, assistant director of the commission, offered the newspaper information about individuals "registered with the ethics commission as seeking contributions or circulating for qualifying contributions" for Richardson.

Lavin also offered a list of seed money donors to Richardson's campaign.

Richardson reported to the commission in mid-April that two of his approximately 200 volunteers may have made mistakes in documenting contributions collected to qualify for public funds.

The commission denied Richardson's application for funds April 22, citing rules violations in gathering the contributions.

Of the 3,597 contributions reported by Richardson, the commission accepted 3,168 as valid -- short of the 3,250 required to receive public financing.

Qualifying contributions required a four-step process: a $5 donation by a registered voter who then signs a form, verification by a municipal register that the contributor is a registered voter, and an affirmation signed by the circulator.

Richardson, a Democrat from Brunswick, who was a former Speaker of the House and former commissioner of the Department of Economic and Community Development, quit the race April 26.

Schutz said the commission itself issued a report indicating that there was wrongdoing in Richardson's campaign, but did not disclose the names of the workers involved or the names of the donors involved.

The complaint says more than $6.8 million was paid to candidates running for state offices in 2006, and that 81 percent of legislative candidates for state office were publicly financed under the state's Clean Election Act in 2008.

Betty Adams -- 621-5631

badams@centralmaine.com