T. MILLS ATTORNEY GENERAL TATE 0r :3 OFFICE OF THE ATTORNEY GENERAL TEL: (207) 626-8800 TTY USERS CALL MAINE RELAY 711 5 STATE HOUSE AUGUSTA, MAINE 04333?0006 July 8, 2016 Via Hand Delivery Michele Lumbert, Clerk Maine District Court Augusta 1 Court St., Suite 101 Augusta ME 04330 Re: State of Maine 1). Commission to Reform Public Education Funding and Improve Student Performance in Maine District Court, Kennebec County Dear Ms. Lumbert: REGIONAL 84 ST. 2ND FLOOR BANGOR, 04401 TEL: (207) 9111,3070 FAX: 9413075 415 CONGRESS STE. 301 PORTLAND, MAINE 04101 TEL: 822?0260 FAX: 82210259 14 ACCESS STE, 1 CARIBOU, MAINE, 04736 TEL: (207) 49667921 FAX: (207) 49613291 Pursuant to ME. Civ. P. 80H, I enclose for filing a citation and complaint alleging a civil Violation by the named defendant. The citation and complaint specifies an initial appearance date of July 25, 2016, which was previously prov1ded to me by your of?ce. I also enclose for ?ling a summary sheet and acknowledgment of receipt of service. Thank you for your attention to this matter. Sincerely, 4? Jonathan R. Bolton Assistant Attorney General Enclosures STATE OF MAINE DISTRICT COURT KENNEBEC, ss DOCKET NO. STATE OF MAINE Plaintiff, V. COMMISSION TO REFORM PUBLIC EDUCATION FUNDING AND IMPROVE STUDENT PERFORMANCE IN MAINE, Defendant. CITATION AND COMPLAINT Pursuant to 17-A M.R.S. 1 MRS. 410, and MR. Civ. P. 80H, the State of Maine, through the undersigned representative of the Attorney General, issues this citation and complaint to the Defendant Commission to Reform Public Education Funding and Improve Student Performance in Maine (the ?Commission?) for a violation of 1 MRS. 403 occurring on April 25, 2016, between 8:30am and 11:80am, at the Blaine House, 192 State St., Augusta, ME 04330. Description of the Violation 1. On March 10, 2016, the Governor of Maine, Paul R. LePage, signed into law PL. 2015, c. 389, which established the Commission to Reform Public Education Funding and Improve Student Performance in Maine (the ?Commission?). 2. The Commission is charged to ?collect and analyze data from all public secondary and postsecondary education units in the State that receive state funding? in order to produce a report to the Governor and the Legislature ?that includes findings and recommendations for action to reform public education funding and improve student performance in the State.? 3. The law required the Commissioner of Education, or his designee, to convene the Commission no later than May 1, 2016. 4. The Commissioner is required to invite to serve on the Commission the Governor or his designee, a representative of the Department of Education, members of the legislature, and various stakeholders in Maine?s public education system. The Department of Education representative is to serve as chair of the Commission. 5. The legislation establishing the Commission contains no provision exempting it from the Open?meetings requirement of the Freedom of Access Act, 1 M.R.S. 403. 6. As of May 1, 2016, Dr. William Beardsley was acting as the State?s Commissioner of Education. 7. Dr. Beardsley and his staff worked closely with Governor LePage?s staff, particularly senior education policy adviser Aaron Chadbourne, in identifying members of the-Commission and planning its first meeting. 8. As constituted, the Commission?s members included Governor LePage (with Mr. Chadbourne as the Governor?s designee when the Governor was unavailable) and Dr. Beardsley himself, who was to serve as the Department of Education representative and chair of the Commission. 9. On or about April 15, 2016, Dr. Beardsley sent a letter to Governor LePage in which he ?propos [ed] to convene the group for its first meeting on April 25, 2016.? 10. The April 25 meeting was to occur at the State House, in the cabinet room, and was scheduled to last three hours. 11. The agenda for the April 25 meeting made clear that the Commission would be engaging in the task assigned to it by its enabling statute: studying educational issues for the purpose of producing a report with findings and recommendations. 12. At some point prior to April 21, 2016, officials in the Governor?s Office, the Department of Education, or both, determined that the April 25 meeting would be closed to the public. 18. In the week leading up to the April 25 meeting, various individuals, including members of the Commission, expressed concern to the Department of Education and the Governor?s Office about the lack of public access to the meeting. 14. On or around April 20, 2016, the location of the meeting was changed from the State House to the Blaine House dining room. On information and belief, the change in location was in response to growing public criticism of the decision to close the meeting. 15. After the meeting was moved, officials changed how they characterized it. For example, on April 21, 2016, Mr. Chadbourne edited a draft Department of Education press release to strike out the phrase ?[t]he Commission will convene April 25, 2016? and replace it with ?[t]he Governor has invited the members of the Commission to a reception at the Blaine House on April 25, 2016, so that they may meet each other and discuss how they will work together in furtherance of the goals outlined in LB 1641.? 16. Although officials changed how they described the meeting, they made no changes to the meeting?s agenda or its scheduled three?hour length, as is reflected in the materials distributed at the meeting, available at 17. On April 22, 2016, the Department of Education consulted with its attorney in the Office of Attorney General regarding public access to the April 25 meeting. The Department was advised that the Commission?s meetings were subject to the open?meetings provision of the Freedom of Access Act. 18. Later the same day, Dr. Beardsley was personally advised by the Office of Attorney General that, based on his description of the agenda, the planned meeting qualified as a public proceeding under the Freedom of Access Act. 19. The Commission?s meeting occurred as scheduled on the morning of April 25 within the Blaine House and lasted approximately three hours. The meeting generally followed the published agenda, and included briefings by various experts?in some cases accompanied by PowerPoint slides?and a discussion to identify ?higher-order consensus outcomes? for the Commission. 20. Mr. Chadbourne stood outside the Blaine House and turned away members of the public seeking entry to the Commission?s meeting. 21. At no point were members of the public allowed into the Blaine House to attend the meeting. 22. After the meeting concluded, the Governor told his staff that he would rather disband the Commission than open future meetings to the public, implying that the alleged informal nature of the first meeting was not the basis for the decision to bar the public. CountI Violation of the Freedom of Access Act 23. The State of Maine repeats and realleges each of the foregoing paragraphs 1?22. 24. The Commission is a state government agency subject to the open- meeting requirements of the Freedom of Access Act as an advisory organization established, authorized, or organized by a law that does not specifically exempt it from the Freedom of Access Act. 1 M.R.S. 25. As of April 25, 2016, Dr. Beardsley, as chair of the Commission, was an officer of the Commission. 26. The Freedom of Access Act provides, in relevant part, ?[e]xcept as otherwise provided by statute or by section 405, all public proceedings must be open to the public and any person must be permitted to attend a public proceeding.? 1 MRS. 403(1). 27. The Commission held a public proceeding on April 25, 2016. 28. Members of the public seeking to attend the April 25, 2016 public proceeding were denied entry. 29. Dr. Beardsley knew that the Commission?s April 25 meeting was a public proceeding. 30. Dr. Beardsley knew that the Governor?s Office intended to bar members of the public from entering the Blaine House to attend the Commission?s meeting. 31. By convening the meeting of the Commission at a venue that had been made inaccessible to members of the public, Dr. Beardsley violated 1 M.R.S. 403. 32. Dr. Beardsley?s violation of 1 M.R.S. 408 was willful. 33. By virtue of Dr. Beardsley?s violation, the Commission is liable for a civil violation for which a forfeiture of not more than $500 may be adjudged. 1 M.R.S. 410. Summons YOU ARE HEREBY ORDERED TO APPEAR BEFORE THE COURT LOCATED AT: Maine District Court - Augusta 1 Court Street Augusta, ME 04330 AT THE FOLLOWING DATE AND TIME: Date: July 25, 2016 Time: 8:30 AM Court telephone number: (207) 2132800 DATED: uly 8, 2016 JANET T. MILLS . Attorney General (1 Jonathf Bolton #4597 Assist Attorney General 6 State House Station Augusta, Maine 04333-0006 Tel. (207) 626?8551 Fax (207) 2873145 ionathan.b01t0n@maine.gov SUMMARY SHEET MR. Civ. P. 501) This summary sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by the Maine Rules of Court or by law. This form is required for the use of the Clerk of Court for the purpose of initiating or updating the civil docket. (SEE ATTACHED INSTRUCTIONS) 1. County ofFilingor District Court Jurisdiction: Kennebec County 11. CAUSE OF ACTION (Cite the primary civil statutes under which you are filing, ifany.) 1 MRS. 410; 17-A MRS. 443(1) Ill. NATURE OF FILING Initial Complaint El Third-Party Complaint El Cross-Claim or Counterciaim El If Reinstath or Reopened case, give original Docket Number (If filing a second or subsequent Money Judgment Disclosure, give docket number of first disclosure) IV. El TITLE TO REAL ESTATE IS INVOLVED MOST DEFINITIVE NATURE OF ACTION. (Place an in one box only) Personal Injury Tort Property Negligence Auto Negligence Medical Malpractice Product Liability Assaulu?Battery Domestic Torts Other Negiigence Other Personal Injury Tort Non-Personal Injury Tort LibelfDet?alnation Auto Negligence Other Negligence Other Non-Persona! injury Tort DUDE CHILD PROTECTIVE CUSTODY (PC) Protective Custody Titie Actions Quiet Title Eminent Domain Easements Boundaries DUDE El Governmental Body (80B) DUB BUD DDS Contract Contract DeclaratoryIEqultablc Relief General lnjunctive Relief Declaratory Judgment Other Equitable Relief ConstitutionaUCivil Rights Constitutionalr?Civil Rights Statutory Actions Unfair Trade Practices Freedom of Access Other Statutory Actions Miscellaneous Civil Drug Forfeitures REAL ESTATE IBIS) Foreclosure Foreclosure (ADR exempt) Foreclosure {Diversion eligible) Foreclosure - Other Administrative Agency (80C) VI. M.R. Civ. P. 1613 Alternative Dispute Resolution (ADR): El 1 certify that pursuant to MR. Civ. P. 1686)), this case is exempt from a required ADR process because: DUDE The parties have participated in a formal ADR process with (date). This is an action in which the plaintiff?s liker damages will not exceed $50,000, and the plaintiff requests an exemption Check the box that most closely deseribes your case. DD Other ForfeituresfProperty Libels Land Use Enforcement (80K) Administrative Warrant HIV Testing Arbitration Awards Appointment of Receiver Shareholders' Derivative Actions Foreign Deposition Pro-action Discovery Common Law Habeas Corpus Prisoner Transfers Foreign Judgments Minor Settlements Other Civil SPECIAL ACTIONS Money Judgment DUDE Money Judgment Request Disclosure Misc. Real Estate Equitable Remedies El Nuisance Mechanics Lien El Abandoned Roads Partition Trespass Adverse Possession El Other Reai Estate APPEALS (AP) (To be ?led in Superior Court) exempt) Other Appeals It falls within an exemption listed above an appeai or an action for non-payment of a note in a secured transactiOn). The plaintiff or defendant is incarcerated in a local, state or federal facility. The parties have participated in a statutory ere-litigation screening process with 011 from ADR pursuant to MR. Civ. P. 16C{g). CV-OOI, Rev. 07(15 Page 1 of 3 VII. PLAINTIFFS (Name Address including county) or Cl Third-Party, Counterclairn or Cross-Claim Plaintiffs The plainlift?is a prisoner in a local, state or federal facility. The State of Maine Attorneys (Name, Bar number, Firm name, Address, Telephone Number) if all counsel listed do NOT represent all plaintiffs, specify who the listed attorney(s) represent. Jonathan R. Bolton, AAG Bar No. 4597 Office of the Attorney General 6 State House Station Augusta ME 04333-0006 (207) 626-8551 DEFENDANTS (Name Address including county) andler Third-Party, Ci Counterelaim or Cross-Clalm Defendants The defendant is a prisoner in a local, state or federal facility. Commission to Reform Public Education Funding and Improve Student Performance in Maine Clo Maine Department of Education 23 State House Station Augusta ME 04333-0023 Attorneys (Name, Bar number, Firm name, Address, Telephone Number) If all counsel listed do NOT represent all defendants, (If known) specify who the listed attornc?s) represents. IX. (3) PARTIES 0F JNTEREST {Name 8.: Address including county) Attorneys (Name, Bar number, Firm name, Address, Telephone Number) If all counsel listed do NOT represent all parties, (if known) specify who the listed 'attorney{s) represents. X. RELATED IF ANY Assigned ludgez?lnsiice Docket Number Date; July 8, 2016 Jonathan R. Bolton A N294) of Record - ?7 h! Sigt?rfe Attorney CV-OOI, Rev. 07115 Page 2 of3 STATE OF MINE DISTRICT COURT KENNEBEC, ss DOCKET NO. STATE OF MAINE Plaintiff, ACKNOWLEDGMENT OF RECEIPT OF CITATION v. - AND COMPLAINT COMMISSION TO REFORM PUBLIC EDUCATION FUNDING AND IMPROVE STUDENT PERFORMANCE IN MAINE, Defendant. By signing, dating and returning this form, I state that I received a copy of the Citation and Complaint, that I have been authorized to accept service from the State of Maine?s attorney on behalf of the defendant in the above-captioned action, and that the defendant otherwise waives any right to service of the Citation and Complaint. I understand that if the defendant does not appear at the time and place Speci?ed in the Citation and Complaint or at any other court conferences or hearings, then a judgment may be entered against the defendant in its absence, and the State of Maine may request that other orders be entered against it. x45 Ave% Day, Esq.W Of?ce of the Governor 1 State House Station Augusta, ME 04333-0006 (207) 287-3535 Date: r" ?f