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Doyle v. Town of Falmouth

Supreme Judicial Court of Maine

December 23, 2014

MICHAEL A. DOYLE
v.
TOWN OF FALMOUTH et al

Submitted on Briefs: December 1, 2014.

Page 1146

Judgment affirmed.

On the briefs: Michael A. Doyle, Pro se appellant.

Peter C. Felmly, Esq., and Reade E. Wilson, Esq., Drummond Woodsum, Portland, for appellee Falmouth School Department.

Mark V. Franco, Esq., Thompson & Bowie, LLP, Portland, for appellee Town of Falmouth.

Panel: ALEXANDER, MEAD, GORMAN, JABAR, and HJELM, JJ.

OPINION

Page 1147

PER CURIAM

[¶1] Michael A. Doyle appeals from a judgment of the Superior Court (Cumberland County, Warren, J.) entered in favor of the Town of Falmouth and the Falmouth School Department, following the partial denial of Doyle's request pursuant to the Freedom of Access Act (FOAA), 1 M.R.S. § § 400-414 (2014),[1] for the unredacted cellular telephone records of the former Superintendent of Schools. Doyle contends that the court erred in permitting the School Department to redact from the records certain line telephone and cellular telephone numbers.[2] We affirm.

I. CASE HISTORY

[¶2] The relevant facts are not in dispute. On or about October 30, 2013, Doyle submitted a FOAA request to the Town seeking to inspect and copy the July, August, and September 2013 cellular telephone bills of the School Department's former Superintendent. The Superintendent and other Falmouth School Department employees are provided with school-issued cellular telephones, paid for by the School Department. There is no rule or policy preventing employees from using their school-issued cellular telephones for personal purposes.

[¶3] In response to Doyle's FOAA request, the former Superintendent provided the Town with copies of her cellular telephone records for July, August, and September 2013, redacting the information she considered nonpublic and confidential, exempt from disclosure pursuant to the Act, or beyond the scope of Doyle's FOAA request. The Town then made copies of those redacted records available to Doyle.

[¶4] Doyle appealed from the Town's and School Department's actions to the Superior Court pursuant to 1 M.R.S. § 409(1). Doyle alleged that the Town and the School Department failed to comply with his FOAA request, and that he was entitled to ...


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