How to File a Public Records Request in Kittery, 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, is the state statute that guarantees public access to the records and proceedings of government bodies at all levels in Maine. Originally enacted in 1959, the FOAA broadly applies to the Legislature, executive agencies, and all county, municipal, and school district bodies — including the Town of Kittery.

Under the FOAA, a "public record" is broadly defined as any written, printed, graphic, or electronic compilation in the possession of a public agency that was received or prepared in connection with the transaction of governmental business. This includes meeting minutes, town contracts, building permits, email correspondence, planning board decisions, police incident logs, tax records, and budgets — essentially any document created or maintained as part of the town's official functions.

Key exemptions include records designated confidential by statute, documents protected by attorney-client or work-product privilege, medical records, juvenile records, security plans, and the personal contact information of public employees (1 M.R.S.A. § 402(3)). Importantly, Maine courts interpret exemptions strictly and construe the FOAA liberally in favor of disclosure — meaning the burden of justifying any withholding falls on the Town of Kittery, not on the person making the request.

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 Kittery

How to Submit Your Request

Maine's FOAA does not require you to use a specific form or to state a reason for your request. Any written communication clearly identifying the records you seek is sufficient. The Town Clerk's Office — located at Kittery Town Hall, 200 Rogers Road — is the primary contact for most municipal records requests. You may submit your request by email, by mail, or in person during office hours. For records held by a specific department (such as the Police Department or Planning Office), you may direct your request to that department's public access officer, though all FOAA requests received by any town office should be honored. If you are uncertain which department holds the records, address your request to the Town Clerk and describe the records as specifically as possible. Written requests via email are strongly recommended because they create a clear record of when the request was received and what was asked.

What to Include in Your Request

• Your full name and contact information (mailing address, email address, or phone number)
• A clear, specific description of the records you are seeking
• The time period or date range covered by your request
• The department or official you believe holds the records, if known
• Your preferred format for receiving records (electronic or paper copies)
• A request for advance notification if fees are expected to exceed a specified amount
• The phrase 'This is a request under the Maine Freedom of Access Act, 1 M.R.S.A. § 408-A'

Response Deadlines and What to Expect

Under the Maine Freedom of Access Act, the Town of Kittery must acknowledge receipt of your request within five business days of receiving it. If the Town intends to deny the request, it must issue a written notice of denial within that same five-business-day window — and a non-response is treated as a denial. The FOAA does not specify an exact deadline for actually producing the records; the statute requires only that records be made available within a "reasonable time" after the request is received.

For large or complex requests, the Town may contact you to clarify the scope, discuss costs, or negotiate a phased response. If the estimated staff time to fulfill your request exceeds two hours, you may be notified of expected fees before the Town proceeds.

Fee structure: Under 1 M.R.S.A. § 408-A(8), agencies may charge for copying costs and for staff time spent searching or compiling records, at a rate not to exceed $15 per hour — but only for time beyond the first two hours. Inspection of records in-person is free of charge. If estimated costs exceed $100, the Town may require prepayment. Fees may be waived for indigent requesters or when the request serves a clear public interest under § 408-A(11).

What to Do If Your Request Is Denied or Delayed

If the Town of Kittery denies your FOAA request, the written denial must identify the specific statutory basis for withholding each record or category of records. If you receive no response within five business days, that silence is itself treated as a denial and gives you the right to appeal.

Common reasons for denial include claims that records fall under a statutory exemption (such as attorney-client privilege, ongoing law enforcement investigation files, or personnel records), that the requested records do not exist, or that the request is too vague to allow a reasonable search. If you believe a denial is incorrect or overly broad, you have several options.

First, consider contacting the Town Clerk or the relevant department head informally to discuss the denial. Sometimes misunderstandings about the scope of a request can be resolved quickly without formal action. If that doesn't work, contact Maine's Public Access Ombudsman in the Office of the Attorney General at (207) 626-8577 or at maine.gov/foaa/ombudsman. The Ombudsman can review the situation, provide guidance, and attempt to mediate resolution — though the position has no binding authority.

If informal efforts fail, the formal path is to file a petition in any Maine Superior Court under 1 M.R.S.A. § 409(1). FOAA appeals receive expedited treatment on the court's docket. If the court determines that the Town's refusal was committed in bad faith, it may award you reasonable attorney's fees and litigation expenses as a substantially prevailing plaintiff under 1 M.R.S.A. § 409(4). Willful violations may also result in civil fines up to $500 against the agency, enforceable by the Attorney General or District Attorney under § 410.

Steps to Appeal

1. Review the denial notice — confirm it identifies the specific statutory exemption cited for each withheld record, as required by 1 M.R.S.A. § 408-A.
2. Contact the Kittery Town Clerk or the relevant department head informally to clarify or narrow your request; many denials stem from ambiguity in the original request.
3. If the denial persists, contact the Maine Public Access Ombudsman in the Office of the Attorney General at (207) 626-8577 to request mediation and guidance.
4. File a written appeal with the Town Manager if the Town's internal procedures provide for agency-level review before court action.
5. File a petition for judicial review in any Maine Superior Court under 1 M.R.S.A. § 409(1); FOAA appeals receive priority on the docket.
6. If the court orders disclosure, seek reasonable attorney's fees and litigation costs under 1 M.R.S.A. § 409(4) — available to a substantially prevailing plaintiff if the court finds the refusal was committed in bad faith.
7. For willful violations, report the conduct to the Maine Attorney General's Office under 1 M.R.S.A. § 410, which may seek civil fines up to $500 against the offending agency.

Types of Records You Can Request from Kittery, Maine

The Town of Kittery generates a wide variety of public records in the course of its daily operations. Under the Maine FOAA, most of these documents are presumptively available for public inspection and copying.

• Town Council meeting minutes and agendas
• Planning Board and Zoning Board of Appeals decisions and meeting records
• Building permits, site plan approvals, and code enforcement records
• Town budgets, audited financial statements, and expenditure reports
• Contracts between the Town and private vendors or developers
• Police Department incident reports and public safety logs
• Town Manager correspondence and administrative communications
• Tax assessment and property ownership records
• Waterfront and harbor management permits and agreements
• School committee meeting records and budget documents
• Public works project records, road maintenance contracts, and engineering reports
• Employment agreements and compensation records for senior town officials
• Environmental compliance records and stormwater management filings
• Grant applications and award documentation
• Ordinances, amendments, and the Kittery town code

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

Tips for Effective Public Records Requests in Kittery