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Town of Amherst Maine
Freedom of Access Act Policy

Adopted December 20, 2023

MAKING A REQUEST

The Town of Amherst accepts written, verbal, in person, electronic, or over the phone requests to obtain copies of or to inspect public records of the Town.  The Town does strongly encourage all requests to made by either written request or email which is dated to support clear expectations of the request and provide for good record keeping.

The Town will respond to the requester within 5 business days of receiving a FOAA request to affirm receipt.  The town will process all requests within an amount of time reasonable to the scope of the request, and will provide a good faith estimate of time expected to complete the request.  This estimate of time required is not a guarantee nor is it promissory of an actual time to complete the request.  

To support a prudent fulfillment to any FOAA requests, the Town of Amherst encourages requesters to describe in as much detail as possible any public records that they are requesting access to or a copy of.  The request should also include the name, address, and contact information of the requester.  A request with insufficient information could cause additional effort on the Town to clarify the request which could delay the processing of the request.  The Town also strongly encourages a requester to include "FOAA  Request" in the title or subject line of the request.

Requests for public records may be made:

  • Via our "Contact Us" Form on this website (www.amherstme.com

  • Via email to amherstmaine@gmail.com

  • Mailed to PO Box 40, Aurora, ME 04408

  • Via fax to (207) 584-5725

  • In person Amherst Town Office

    • Please also understand that our Offices are open Tuesdays and Thursdays from 5-7 PM, therefore faxes, mail, or phone may not be received on a regular basis.  Due to this email or the Town's contact form are the best methods to make requests.

For requests which are granted, the Town will require payment in full of any fees associated with the preparation, compilation, and delivery of the request before the public record is released.  And for any request estimated to more than $50 the Town will notify the requester before proceeding.

Denied or Redacted Requests: A request may be wholly or partly denied if the Town does not possess the requested record or if specific exemptions listed in the FOAA apply.  If a denial is based on an exemption, the public records or portions of public records subject to the exemption will be redacted or omitted, the exemption will be explained, and an exemption log may be prepared and sent to the requester if requested. Any denial of a request for public records shall be issued to the requester within five (5) working days of receipt.

FEE CALCULATIONS

Public records requests are subject to the following fees, which must be paid in full before the Town will release any responsive documents.

 

The first two hours of Town staff time spent searching for and reviewing public records is free. After that, staff time is billed at $25.00 per hour. Time is billed in hourly increments, therefore any time spent on a request will be rounded to the next whole hour.

The Town currently charges for the actual cost of paper copies and media as follows:

 

Printed Paper Copies

  • 8½"x11"

    • $0.10 per sheet, black and white

The Town charges any incurred costs of sending certified mail which includes delivery confirmation.  This is to ensure receipt of documents to requester and the Town's fulfilment of request.

All fees will be itemized and included in the response to the requester.

Please note:  Payment in advance of any work on a request will be required when either the estimated total cost to fulfill the request exceeds $100, or when a requester has failed to pay a properly assessed fee for a prior request in a timely manner.

APPEALS

Any person aggrieved by a refusal or denial to inspect or copy a record or the failure to allow the inspection or copying of a record under section 408‑A may appeal the refusal, denial or failure within 30 calendar days of the receipt of the written notice of refusal, denial or failure to the Superior Court within the State for the county where the person resides or the agency has its principal office. 

Any questions regarding this policy can contact to the Town Select Board.

The State of Maine FOAA FAQ's can be found here.

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