Sec. 1. 1 MRSA §405, sub-§7 is enacted to read:

7.__Electronic recording.__The agency or body shall record the executive session electronically by audiotape or videotape.

A.__A person who had a right to be present during the executive session, or that person's legal representative, may listen to or view the recording in the presence of the custodian of the recording.

B.__The agency or body shall disclose the recording pursuant to court order.

C.__Upon majority vote, the agency or body may disclose the recording unless the executive session is required to be confidential.

D.__A member or employee of the agency or body who discloses the recording in violation of this subsection commits a civil violation for which a forfeiture of not more than $500 may be adjudged.__This penalty is in addition to any penalty imposed under section 410.

SUMMARY

This bill requires each agency and public body to make an electronic recording of its executive sessions. The recording must be available to any person, or that person's legal representative, who had a right to be present during the executive session. The recording must be disclosed pursuant to a court order. If the executive session was not required to be confidential, the agency or public body may make the recording public upon majority vote. Disclosure in violation of the law by a member or employee of the agency or public body is a civil violation for which the individual may be subject to a forfeiture of up to $500. This penalty is in addition to the penalty applicable to the agency or public body under the Maine Revised Statutes, Title 1, section 410.