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Town of Falmouth, Maine
271 Falmouth Road
Falmouth, ME 04105
town@town.falmouth.me.us
(207) 781-5253

 
October 12 Agenda Item 1
Subject:
Discussion with the Town Attorney to seek guidance on how to comply with the Freedom of Access Act if the Town Council chooses to classify responses to the “Call for Offer” process associated with the redevelopment and future use of the Plummer Motz and Lunt Schools site as confidential for a specific time period.

Note: The Town Council may exercise its right to go into Executive Session pursuant to the Laws of Maine to discuss the Town Council’s legal rights and duties with the Town Attorney, pursuant to 1 M.R.S.A. § 405 (6) (E). An Executive Session may be necessary and is permissible if the discussion, with the Town Attorney, is about the legal rights and duties of the Town Council. An executive session is also permissible if premature public knowledge would place the Town at a substantial disadvantage.   


ACTION: Council action or direction is possible regarding the public access status of the anticipated responses to the “Call for Offer” process.
Summary:
The Town Council will discuss whether the “Call for Offer” responses, due November 29, 2011, should be open to the public immediately after the responses are received by the Town.

If the Town Council determines that the responses should be kept confidential, the Town Council will seek guidance from the Town Attorney with regard to compliance with the Freedom of Access Act. The Town Council may consider this option if it determines that premature public knowledge would prejudice the competitive or bargaining position of the Town.

The Town Council may exercise its right to go into Executive Session pursuant to the Laws of Maine to discuss the Town Council’s legal rights and duties with the Town Attorney, pursuant to 1 M.R.S.A. § 405 (6) (E). An Executive Session may be necessary and is permissible if the discussion, with the Town Attorney, is about the legal rights and duties of the Town Council concerning this matter. An executive session is also permissible if premature public knowledge would place the Town at a substantial disadvantage.

 

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