Prt ME PretiFlaherty cute oman Sigmund D. Schutz sovon ih sschul2@pret.com 207 704.3247 vinsingon O¢ August 2, 2021 VIA US MA\ William L. King, Jr. York County Sheriff 1 Layman Way Alfred, ME 04001 Re: The Maine Center for Public Interest Reporting v. York County Dear Sheriff Kin, Enclosed please find the following documents regarding the above-captioned action: 1. Original Summons; 2. Complaint with two (2) exhibits; 3. Acknowledgement of Receipt of Summons and Complaint or Post-Judgment Motion; and 4. Notice of Electronic Service. Would you please pass these materials along to legal counsel for the County? I am requesting the County sign and return the Acknowledgement of Receipt of Summons and Complaint and the Notice of Electronic Service within twenty (20) days in the enclosed self- addressed stamped envelope. ‘Thank you for your attention to this matter. Sigmund D. Schutz SDS/jac . Enclosures ret Flaherty Beliveau &Pachios LP one city Center, Portiand, ME 04101 | PO Box 9546, Portland, MEO4112-9546 | Tel207,791.3000 | wwwcpreti.com 17866362 ‘stores at LaeCONTAINS NONPUBLIC DIGITAL INFORMATION MAINE JUDICIAL BRANCH “The Maine Center for Public Plaintiff “°° the court for filing: Interest Reporting [x] Superior Court [_] District Court v. County: Kennebec York County Sheriff Defendant Location (Town): Augusta 1 Layman Wa} Address Docket No.: Alfred, Maine 04001 suMMONS. M.R, Civ. P, 4(d) The Plaintiff has begun a lawsuit against you in the [_] District [x] Superior Court, which holds sessions at (street address) 1 Court Street in the Town/City of Augusta County of Kennebec Maine. If you wish to oppose this lawsuit, you or your attorney MUST PREPARE AND SERVE A WRITTEN ANSWER to the attached Complaint WITHIN 20 DAYS from the day this Summons was served upon you. You or your attorney must serve your Answer by delivering a copy of it in person, by mail, or by email to the Plaintiffs attorney, whose name and address, including email address appear below, or by delivering a copy of it in person or by mail to the Plaintiff if the Plaintiff's name and address appear below. You or your attorney must also file the original of your Answer with the court by mailing it to: Clerk of [_] District [X] Superior Court, 1 Court Street, Suite 101 , Augusta , Maine 04330 - (Mailing Address) Wow, City) ra) before, or within a reasonable time after, itis served. Court rules governing the preparation and service of Answers are found at www.courts.maine.gov. IMPORTANT WARNING: If you fail to serve an answer within the time stated above, or if, after you answer, you fail to appear at any time the Court notifies you to do so, a judgment by default may be entered against you in your absence for the money damages or other relief demanded in the Complaint. If this occurs, your ‘employer may be ordered to pay part of your wages to the Plaintiff or your personal property, including bank accounts and your real estate may be taken to satisfy the judgment. If you intend to oppose this lawsuit, do not fail to answer within the requested time. if you believe the plaintiff is not entitled to all or part of the claim set forth in the Complaint or if you believe you have a claim of your own against the Plaintiff, you should talk to a lawyer. If you feel you cannot afford to pay a fee toa lawyer, you may ask the clerk of court for information as to places where you may seek legal assistance. Date (mm/dd/yyyy): 08/02/2021 Sigmund D. Schutz ~ (Di attorney for) Piaintft (Seal of Court) FreciFlaherey ese 20 og S5US One CHty Center on. Portia; Maire Ost e=9546— 2 an srt tanty ee Telephone > Cater Mm been “sechutz@preti.com Email Address jerk "ADA Notice: The Maine Judicial Branch complies with the Americans with Disabilities Act (ADA). If you need @ reasonable ao nee Jon eon the Court Aces Coorntar,gzesnllu@eours ain oo a cour cee Language Services: For language assistance and interpreters, contact a court clerk or interpreters @eourts.mainé pov CV-030, Rev. 07/18 Page 1 of 2 www courts.maine.gov ‘SummonsCONTAINS NONPUBLIC DIGITAL INFORMATION MAINE JUDICIAL BRANCH STATE OF MAINE County On (date) {served the Complaint (and Summons, and Notice Regarding Electronic Service) upon Defendant by delivering a copy of the same at the following address: (to the above-named Defendant in hand, Li to (name) ‘a person of suitable age and discretion who was then residing at Defendant's usual residence. Lito (name) who is authorized to receive service for Defendant. (by (describe other manner of service); Date (mm/dd/yy): > Deputy Sheriff Signature Printed Name Costs of Service: ‘Agency Service: Travel: Postage: Other: : lr i Total he Maine Judklal Branch complies with the Americans with Disablities Act (ADA). Ifyou need a reasonable rn contact the Court Access Coordinator, accessibility @courts.maine,cov, or 8 court clerk. | Language Services: For language assistance and Interpreters, contact court clerk or interpreters @xcourts.maine. gov CV-030, Rev. 07/18 Page 2 of 2 www courts.maine.gov ‘SummonsSTATE OF MAINE SUPERIOR COURT DISTRICT COURT Kennebec 188. Location _ Docket No. — Docket No. — Tallamcemrerrascneestenne Plaintiff ACKNOWLEDGMENT OF RECEIPT OF SUMMONS AND COMPLAINT v. ‘OR POST-JUDGMENT MOTION MR. Civ. P.4(0K1) York County Sherif Offee Defendant NOTICE Please sign the acknowledgment below and ietumn this form in the enclosed self- addressed stamped envelope so it will be received by the sender within 20 days from the day it ‘was mailed to you. If you do not do this, you may be required by the Court to pay for the cost of serving the Summons and Complaint or Post-hudgment Motion on you. (Keep one copy of this form and the copy of the Complaint or Motion for your records.) STATEMENT By signing, dating, and retuming this form, I state that I received a copy of the Summons and Complaint or a copy of the Post-Judgment Motion and that: AS TO ALL CIVIL COURT CASES, INCLUDING DIVORCE, JUDICIAL SEPARATION, PARENTAGE AND PARENTAL RIGHTS & RESPONSIBILITES, I understand that if | do not file an answer to the Complaint or an objection to the Motion within the time limits established by statute or court rule and appear at all court conferences and hearings, then a judgment may be entered against me in my absence, and Plaintiff or the moving party may request that other orders be entered against me, AS TO DIVORCE, JUDICIAL SEPARATION, AND PARENTAGE AND PARENTAL RIGHTS & RESPONSIBILITIES CASES, | understand that if I do not want to file an Answer to the Complaint, but I do want to be heard on issues of parental rights and responsibilities regarding my children, alimony, child support, counsel fees and division of marital and non- marital property, I must file an Entry of Appearance form and appear at all court conferences and hearings. I may file an Answer and Counterclaim (Forms FM-186/FM-187) to a divorce ‘complaint or a parentage and parental rights and responsibilities’ complaint. If | intend to file an Answer and Counterclaim, I understand it must be filed within 20 days of being served with the complaint. Answer and Counterclaim Forms FM-186 and FM-187 are available at any District Court or at www.courts.maine.gov Date: Signature |Address: Phone: — IMPORTANT WARNING |vOU ARE RESPONSIBLE FOR NOTIFYING THE COURT CLERK OF ANY CHANGES TO YOUR |ADDRESS AND TELEPHONE NUMBER. IF YOU DO NOT INFORM THE CLERK OF ANY CHANGES ITO EITHER YOUR ADDRESS OR TELEPHONE NUMBER, IT MAY NOT BE POSSIBLE FOR YOU TO |GET NOTICE OF COURT CONFERENCES AND HEARINGS. CV-036, Rev. 07/16 Page 1 of |STATE OF MAINE DISTRICT / SUPERIOR COURT Docket No, ‘The Maine Center for Public Interest Reporting Plaintif NOTICE REGARDING v, ELECTRONIC SERVICE ‘York County Sheriff's Office Defendant NOTICE TO PARTIES: All parties who are represented by an attorney are subject to the requirements of Electronic Service under Rule 5 of the Maine Rules of Civil Procedure. OPT IN: Ifyou do not have an attorney, papers that must be served on you by other parties in this case will be sent to you through the regular mail to your address of record. But you have a choice to request that all, papers required to be served on you by other parties in this case be sent instead electronically to your designated email address; and you may also agree to serve by email all papers you are required to serve on other parties in this case. Please note: any electronic service that you opt into applies only to papers served on you by other parties, and / or to papers you are required to serve on other parties. It does not apply to notices, orders, or other ‘papers generated by the court, or t0 any papers you must file with the court. You must file all court papers in paper form by mail or in person, and all Court papers will continue to be sent to you by regular mail. If vou choose not to opt in, vou do not need to do anything, If you would like to receive and/or serve papers on other parties electronically, you must meet the requirements set forth below. Check the appropriate box(es) and mail (or scan and email) the signed form to all other parties in the case. Do not file this form with the Court C Electronic Receipt: 1 choose to OPT IN to receive by email documents from other parties in this case. Thave reviewed and meet all of the following electronic receipt requirements: © Thave a trusted email account and I have daily access to this account; ‘= T understand that 1 will receive time-sensitive documents through this email address including documents that may require me to take action in this case; This email account has available electronic storage of a least | gigabyte; This email account accepts emails with attachments of up to 10 megabytes; and ‘+ Iwill be able to maintain this email account throughout this case. C Electronic Delivery: I choose to OPT IN to deliver documents to other parties by email in this case. T have reviewed and mect all of the following electronic delivery requirements: ‘© [meet all of the requirements for electronic receipt listed above; ‘* [have the ability to scan and create .pdf files of documents J am required to serve on other partes. Dated: Self Represented Party (Signature (Print name) ‘Print email address) CV-BS, Rev. 03118, Page ofPretiFlaherty — cont Sigmund D. Schutz wa schuz@prtcam on mar 7e13287 aheoen oc August 2, 2021 VIA HAND DELIVERY Michele Lumbert, Clerk Kennebec County Superior Court 1 Court Street, Suite 101 Augusta, ME 04330 Re: The Maine Center for Public Interest Reporting v. York County Sheriff Dear Ms. Lumbert: Enclosed please find the following documents to commence the above-captioned action: 1. Civil Summary Sheet; 2. Complaint with two (2) exhibits; and 3, Filing Fee of $175. Please note that this is a FOAA appeal and has statutory priority: “Appeals may be advanced on the docket and receive priority over other cases when the court determines that the interests of justice so require.” 1 M.RS. § 409(1). ‘Thank you for your attention to this matter. Very trulyyours, ou SDS/jac Enclosures ret Flaherty Beliveau 4 Pachios LP ts ‘one City Center, Portland, MEO4101. | POBoxS586,Portand, MEO41129546 | Te!2077913000 | wwmapreticom omeysat Law iosCONTAINS NONPUBLIC DIGITAL INFORMATION MAINE JUDICIAL BRANCH ‘This summary sheet and the information it contains do not replace or supplement the fillng and service of pes s or other papers 12s required by the Maine Rules or by aw. This form is required forthe Clerk of Court to initiate or update the chil docket. The information on this summary sheet Is subject to the requirements of M. R Civ. P. 22. 1 C1 bistrice Court Location (city/town): NATURE OF THE FILING Dx Initial Complaint [] Third-Party Complint Bi cross-claim or Counterclaim [E] Reinstated or Reopened case: Docket Number: Iffling « second or subsequent Money Judgment Disclosure, ive the docket number of the first disclosure.) i. [1] REAL ESTATE OR TITLE TO REAL ESTATE IS INVOLVED IV, MOST DEFINITIVE NATURE OF ACTION COUNTY OF FILING OR DISTRICT COURT JURISDICTION (°X" the appropriate Box and enter the County or location) ‘Superior Court County: Kennebec Initia Complaint: A complaint filed as an original proceeding. filing fee is required, ‘Third-Party Complaint: An orginal defendant's ‘action against a third party that was not part of the original proceeding. filing fee is required, against another original defendant. No additional fee is required. Counterclaim: An original defendant's claim ‘against an opposing party. No additional fee Is required, Relnstated or Reopened Case: Money Judgment Disclosures or post judgment motions, CX* in ONE box. Ifthe case fits more than one nature of action, select the one that best describes the cause of ection.) Statutory Actions Bi Freedom of Access Other Statutory Action Gluntair trade practice GENERAL CIVIL CConstitutional/Civil Rights Ei constitutional/civi Rights REAL ESTATE Foreclosures Foreclosure (ADR exempt) [BiForeciosure (Diversion eligible) Contract Dicontract ‘Miscellaneous Civil Di Foreciosure (other) Daclaratory/Equitable Retief Administrative Warrant Tile Actions Declaratory Judgment Appointment of Receiver Boundary General injunctive Relief ‘Arbitration Awards Easement Clother equitable Relief [common taw Habeas Corpus Bleminent Domain ‘Non-Personal injury Torts E)oets cotiection BJaniet Title auto negtigence Llarovgnt by a debt collector as Miscellaneous Real Estate [Gy uibei/oefamation defined by 32 M.RS, § 11002 [Abandoned Road Elother Negligence [orug Forfeiture [Bladverse Possession GlotherNon-Personal injury Tort (E] Foreign Deposition [equitable Remedy Personal injury Torts 8 Foreign Judgments [A mechanics Lien Lp Assauir/aattery HIV Testing nuisance auto negligence Land Use Enforcement (80K) (other real estate El domestic Tort Minor Settlements partition [Ei medical malpractice [Other Civil Diteespass [Other Forfeture/Property Libel ther Negligence ‘Other Personal injury Tor product isiity Ci) Property Negligence [APPEALS [ADR EXEMPT, Dy administrative Agency (80) Ei covernmental Body (808) Blother Appeal Pre-Action Discovery Prisoners Transfers Shareholders’ Derivative Action (cHlto PROTECTIVE CUSTODY Nor-DHHS Protective Custody CIAL ACTIONS. ‘Money Judgment Disclosure "ADA Notice: The Maine Judicial Branch complies withthe Americans with Disabilities Act (ADAT. Ifyou need a reasonable ‘accommodation contact the Court Access Coordinator, accessibility @courts maine. gov, or a court clerk, Language Services: Fr language assistance and interpreters, contact a court clerk or inter gteters ourts.maine. CV-001, Rev. 02/21 Page 1 of 4 Civil Summary Sheet woww.courts.maine.govCONTAINS NONPUBLIC DIGITAL INFORMATION MAINE JUDICIAL BRANCH V. MR. Chu . 168 ALTERNATIVE DISPUTE RESOLUTION (ADR) BB certify that pursuant to MA. Civ. P.168(0) this casei exempt from a required ADR process because (7 one box below): it falls within an exemption sted above (tis an appeal orn action for non-payment of a ate na secured transaction. 1 Te plant or defendant is incarcerated ina local, state or federal facity. LE the parties have participated in statutory preitigation screening pane process with (name of ponel hat) that concluded on (date of panel finding - mm/da/nrm) The panies have particpatedin a formal ADR process with (ame of neutron a (date = mn/te/vvy) “The plant's kely damages wil ack exceed $30,000, andthe plait requests an exemption, ‘The action doesnot include ADR pursuant to MLR. Gv . 162), ‘There ie other good cause for an exemption andthe pint has led a mation for exemption. VI. PARTY AND ATTORNEY CONTACT INFORMATION {fyou need cdeltonal space, lst addtional poties on on ottachment and note "see ottachment”in the appropriote section. Please note: i» party fsa government agency, use the fl agency name or the standard abbreviation. the party isan offal within government agency, identity the agency fst and then the afi, pving both name an tile (a) pLaINTIFRs) (2 the box below to indicate the party type essocoted with the fing) Be ricinus) 1) third-party Pints) 5) counterisim Paints) G1 cross-claim paints) lethe plaintif prisoner ina local, stat, or federal facity? [] Yes BX] No Name frst middle nt last The Maine Center for Public Reporting Mailing address (include county): P.O. Box 264 Hallowel, ME 04347 (Kennebec Coun Telephone: (207) 632-6861 Email Name (first, middle into, lst Mating adress include county: Telephone: Email: (0) aTToRNEY(S) FoR PLAINTIFF‘) {there are multiple attorneys, ndiate the lead attorney. Ifa counsel do nat represent ALL plontif, speeiy which plaintiffs) the listed atorne(s represents. Name and bar number: Sigmund D. Schutz, Esq, Bat No. 8549 Firm name: PretiFlahery, One City Genter, Porland, ME 04702 Maling Address: P.O. Box 9546 Porand, ME_04112-9546 Telephone: 207-791-3000, mai “sschutz@preticom "ADA Watica: The Maine Judicial Branch complies withthe Americans with Disabtes Act ADA). you needs easonable ‘accommodation contact the Court Access Coordinator, ccessiblity@courts.maine.gov, or a court clerk. assistance and interpreters, contact a court clerk or lnterpraters@eour cv-001, Rev. 02/21 Page 2 0f 4 www. courts. maine. gov Civil Summary SheetCONTAINS NONPUBLIC DIGITAL INFORMATION MAINE JUDICIAL BRANCH Name and bar number: Firm name: Mating Address: ae Telephone: Email; — {e) DEFENDANT(S) (°X" the box below to indicate the party type associated with the filing) Defendant(s) Third-Party Defendants) B ‘Counterclaim Defendants) CCross-Claim Defendant(s) Is the defendant a prisoner ina local, state, or federal facility? [-] Yes BR] No Name (first middle initial, ast): William L. King Jr, York County Sherif Mailing address (include county): “1 Layman Way ‘lired, Maine 04007 Telephone: 207-459-2205 — Ema: ————SS—— Name (first, middle initio, last): Mailing address (include county): Telephone: Email ee (a) ATTORNEY(S) FOR DEFENDANTIS) if there are multiple attorneys indicate the lead attorney. fall counsel do not represent ALL defendonts, specify which defendant(s) the listed ottorney{s) represents. Malling Address: ‘Telephone: ————$——— Email: ‘Name and bar number: Dimon Malling Address: Telephon Ema “ADA Notice: The Waine Judicial Branch complies with the Americans with Disabilities Act (ADA). I you need a reasonable ‘accommodation contact the Court Access Coordinator, accessibility @courts maine,gov, or a court clerk. Language Services: For language asistance ad interpreters, contact a court clerk or interpreters Scour. main ov. CV-001, Rev. 02/21 Page 3 of 4 ‘yoww.courts.maine. gov Civil Summary SheetCONTAINS NONPUBLIC DIGITAL INFORMATION MAINE JUDICIAL BRANCH (e) PARTIES IN INTEREST Name first, mide inital, last: Mailing address (include county): ‘Telephone: Email Name (first, middle inital, last: Mailing address (include county: —__________ ‘Telephone: mall: (n ATTORNEY(s) Hf there are multiple attorneys, Indicate the lead attorney. fall counsel do not represent ALL portis in interest, specify which partis in interest the ited attorney(s) represents. Name and bar number Fler name: Mailing Address: Telephone: Email: Name and bar number: Firm name: Malling Address: Telephone: Email: VU, RELATED CASE(S) IF ANY ase na Docket Number: Assigned Judge/Sustice: Date (mm/dd/yy): 08/02/2021 Signature of Plaintif or Lead Attorney of Record wund D. Schutz Printed Name of Plaintiff or Attorney "ADA Notice: The Maine Judicial Branch complies with the Americans with Disabilities Act (ADA). f you need 8 reasonable ‘accommodation contact the Court Access Coordinator, sccesetbiayiacouris.maine.gov, oF 8 court clerk. Language Services: For language assistance and interpreters, contact a court clerk or inerpreters @courts maine.g0v. CV-001, Rev. 02/24 Page 4 of 4 Civil Summary SheetSUPERIOR COURT STATE OF MAINE KENNEBEC, SS Civil Action Docket No. ‘THE MAINE CENTER FOR PUBLIC INTEREST REPORTING, a Maine nonprofit corporation with a primary place of business in Augusta, Maine, Plaintiff, APPEAL FROM DENIAL OF ACCESS TO PUBLIC RECORDS v, (1M.RS. § 409(1)) YORK COUNTY, a political subdivision of the State of Maine seated in Alfred, Maine, Defendant. Plaintiff The Maine Center for Public Interest Reporting (the “Center”) appeals the denial ‘of access to public records by York County (the “County), a political subdivision of the State of Maine, under 1 M.R.S. § 409(1), as follows: CASE SUMMARY 1. This is a challenge under the Freedom of Access Act (“FOAA”) to a decision by the County to hide public records showing the extent to which county jails have been eavesdropping on phone calls betwéen jail inmates and their attomeys. Specifically, the County has denied a request to inspect and copy public records showing if and when the County recorded and played back privileged telephone calls between jail inmates and their attomeys, as well as records elucidating any such practice and the County's response. Plaintiff specifically has not requested and does not seek disclosure of the content of any privileged telephone calls. 17861817.1PARTIES, JURISDICTION, AND VENUE 2. Plaintiff The Maine Center for Public Interest Reporting (the “Center”), a news ‘orgenization, is a Maine nonprofit corporation with its principal place of business in Augusta, Maine. The Center publishes The Maine Monitor, an investigative news service. 3. Defendant York County is a political subdivision of the State of Maine seated in Alfred, Maine, and is subject to the FOAA. 4, The Superior Court has jurisdiction over this action under 1 M.R.S. § 409(1) and other applicable law. 5. Venueis proper in Kennebec County under ] M.R.S. § 409(1) and other applicable law because Kennebec County is the location of the Center's principal place of Dusiness. FACTS: Background 6. OnMay 7, 2020, Plaintiff reported that a prosecutor at the Maine Attomey General's Office received an audio recording of a telephone call between a criminal defendant and his or her lawyer that had been recorded when the inmate was housed at Somerset County Jail. Samantha Hogan, Breach of attorney-client privilege in Somerset County sparks outrage in Maine legal community, The Maine Monitor, May 7, 2020, htps://www.themainemonitor.org/breach-of-attomey-client-privilege-in-somerset-county- sparks-outrage-i 7, Since then, Plaintiff has uncovered that jails across the State of Maine have recorded, at a minimum, hundreds of telephone calls between inmates and their lawyers. Samantha Hogan, Recording of 837 attorney-client phone calls ‘borders on the ridiculous’, The 2 18618171Maine Monitor, July 9, 2020, https://www.themainemonitor.org/recording-of-837-attomey- client-phone-calls-borders-on-the-ridiculous!. 8 The County records inmates’ telephone calls as a matter of course through its telephone service provider, Securus Technologies, Inc. (“Securus”), unless inmates or their Jawyers instruct jail administrators to add the lawyer's telephone number to an exemption list. 9. Onbehalf of the County, Securus tracks all telephone calls to or from inmates and records data for each call. Securus also maintains records of which calls are recorded, who accessed and played each call, and when. This information is within the possession, custody, or ‘control of the County and is used by it to monitor and track inmate communications by telephone. 10, Securus is the telephone provider for 12 of Maine's 14 other jails, including Aroostook, Androscoggin, and Franklin County Jails. 11, Aroostook, Androscoggin, and Franklin County Jails have publicly disclosed that they collectively recorded at least 837 telephone calls between inmates and their lawyers, but other counties, including York, have refused to publicly disclose the extent to which they too have recorded attomey-client phone calls. The FOAA Request and the County's Denial 12. On June 25, 2021, Plaintiff's reporter, Samantha Hogan, submitted a request on behalf of Plaintiff to the County, through the York County Sheriff's Office, under FOAA, 1 MRS. § 400, ef seq (the “Request”). A true and correct copy of the Request is attached hereto as Exhibit A. rrssis1113, Plaintiff submitted the Request to further its reporting on the extent to which Maine jails have recorded and played back privileged telephone calls between inmates and their lawyers. 14, On July 2, 2021, the County issued a letter denying the Request in full (the “Denial Letter”). A true and correct copy of the Denial Letter is attached hereto as Exhibit B. 15. The Request secks four categories of records: Call Detail Reports, Recording Audit Log Reports, a usemame list, and certain communications. The Request also seeks a waiver of all fees. Call Detail Reports 16. The Request seeks Call Detail Reports of all calls, between January 1, 2019 and June 25, 2021, from inmates at the York County Jail to any of certain telephone numbers known to be used by criminal defense lawyers who have taken clients on behalf of the Maine Commission on Indigent Legal Services. These telephone numbers are listed in a spreadsheet attached to the request (the “Attomey List”). 17. Call Detail Reports are data exports provided to the County from Securus’s Secure Call Platform and include information such as the telephone number called and whether the call was marked as “private.” 18. Asnoted in the Request, Plaintiff received Call Detail Reports in response to FOAA requests for similar records to the Aroostook, Androscoggin, and Franklin County Jails, all of which are serviced by Securus. 19, In response to materially identical FOAA requests, Kennebec and Penobscot Counties both indicated that they would produce Call Detail Reports without asserting any exemptions, and Kennebec County has produced such reports. 4 vrsoi817.420, Unlike five other Maine counties, however, the County denied the request for Call Detail Reports under I M.R.S.A. § 402(3) on the ground that “the requested information which is related to telephone calls between inmates and attomeys is not information that is received or prepared for use in the transaction of government business.” 21, The County also denied the request for Call Detail Reports under 1 M.R.S.A. § 408-A(6) on the ground that it does not possess such reports and FOAA does not require it to create a record, Recording Audit Log Report 22, The Request secks a Recording Audit Log Report of all inmate calls to any telephone number on the Attomey List between January 1, 2019 and June 25, 2021. 23. According to a response by Securus to a request for proposal, a Recording Audit Log Report “allows administrators to report and manage all activity for recording usage,” and contains fields indicating the usemame of individuals who downloaded or played back particular recordings. 24. Inresponse to materially identical FOAA requests, Kennebec and Penobscot Counties both indicated that they would produce Recording Audit Log Reports without asserting ‘any exemptions. 25. The Call Detail Reports and Recording Audit Log Reports would reveal whether and to what extent York County Jail, like several other Maine jails serviced by Securus, has recorded telephone calls between inmates and their lawyers and potentially violated the inmates’ attomey-client privilege. 7961817226. The County can produce the Call Detail Reports and Recording Audit Log Reports by either producing a redacted version of a database, the Secure Call Platform, in its possession, custody, or control, or exporting data from that database. 27. The County denied the request for the Recording Audit Log Reports on the same ‘grounds as it denied the request for the Call Detail Reports. Username List 28. The Request seeks records sufficient to connect jail employees’ real names with the uscrnames they registered with the Secure Call Platform (a “Username List”) 29. Plaintiff requested « Username List to identify, in conjunction with the Recording, Audit Log Report, which jail employees downloaded and played back telephone calls between inmates and their lawyers. 30. The Request states that the County could satisfy the request for a Username List by producing an export from the Secunus interface containing specific data fields, which Androscoggin County had done in response to a prior FOAA request for similar records 31. The County denied the request for a Username List, claiming four grounds: (1) 1IMRS.A. § 402(3)(0) because a usemame “is considered a type of personal contact information and there it is exempt from disclosure”; (2) 1 M.R.S.A. § 402(3)(m) “because it is an integrated portion of access and security controls related to information technology systems (3) the County is not required to create a record; and (4) a username “arguably falls within the broad scope of” the Personne] Records Law. 32. However, a username for a govemment-contracted telephone system is not a “ysemame, password and uniform resource locator for a personal social media account.” 1 MRS. § 402(3)(0). 6 vrasi817133. _A list of usemames does not describe security or access controls related to information technology systems. 34. The County can produce a Usemame List by either producing a redacted version ofa database, the Securus interface, in its possession, custody, or control, or exporting data from that database. 35. Without the Username List it is not possible to determine who at the County downloaded or played back a telephone call 36. Ausername for a government-contracted telephone system does not fall within ‘any category of “personal information” as that term is used in the Personnel Records Law, S5MRS. § 70702). Communications tions, between January 1, 2020 and October 1, 37, The Request secks communi 2020 sent to or from one of the following individuals concerning the County's practices of recording privileged telephone calls between inmates and their lawyers: (1) John Pelletier of the Maine Commission on Indigent Legal Services; (2) any employee of the Office of the Maine ‘Attorney General; (3) any employee of any Maine district attomey’s office; or (4) any Securus employee (the “Communications”) 38. The County denied the request for the Communications on the ground that they are exempt under ] M.R.S.A. § 402(3)(B) because they would be “within the scope of a privilege ‘against discovery or use as evidence recognized by the courts of this State in civil or criminal trials.” 39. The County did not identify any privilege that it contends would protect any of the Communications from discovery. 78618171Plaintiff's Fee Waiver Request 40. The Request seeks a waiver of all fees because disclosure would contribute significantly to the public’s understanding of the operations and activities of government, namely the extent to which Maine jails record privileged calls between inmates and their lawyers. 41. Asnoted in the Request, the Request is not for commercial purposes. 42. Inthe Denial Letter, the County stated that, in the event a court were to order production, “the County may charge a fee and obtain advance payment for the compilation of the requested information,” and estimated that the fee would approximate $600. COUNTI FAILURE TO DISCLOSE RESPONSIVE PUBLIC RECORDS WITHOUT JUST AND PROPER CAUSE 43, Plaintiff realleges and incorporates by reference paragraphs 42 as if fully set forth herein. 44, Plaintiff made a FOAA request to the County, but it withheld all records responsive to the Request without just and proper cause. 1 M.R.S. § 409(1). COUNT FAILURE TO GRANT FEE WAIVER 45, Plaintiff realleges and incorporates by reference paragraphs 44 as if fully set forth herein. 46. The County unlawfully, arbitrarily, and capriciously failed to grant Plaintiff's fee waiver request as required by 1 M.R.S. § 408-A(11)(B). 8 17861817.1CONCLUSION WHEREFORE, the Center respectfully requests that the Court grant this appeal, enter judgment for Plaintiff, and enter: A. anorder for disclosure pursuant to 1 M.R.S. § 409(1); B. _ anorder that the County grant Plaintiff's fee waiver request pursuant to 1 M.R.S. §.408-A(11)(B); C. an award to Plaintiff of its costs and reasonable attorneys’ fees pursuant to 1 MRS. § 409(4); and D. __ such other and further relief as the Court deems just and proper. Dated at Portland, Maine this 2d day of August, 2021. Respectfully Submitted, ‘The Maine Center for Public Interest Reporting. By Its Attorneys, PRETI FLAHERTY BELIVEAU & PaeHiios, A Sigmund D. Schutz, Esq., Maine Bar No. 8549. ‘One City Center P.O. Box 9546 Portland, ME 04112-9546 207.791.3000 sschutz@preti.com Of counsel: ‘Michael Linhorst (admitted in New York) Stephen Stich (admitted in Massachusetts and New York) Media Freedom and Information Access Clinic Yale Law School P.O. Box 208215 ‘New Haven, CT 06520 (315) 256-1602 761847.EXHIBIT A Samantha Hogan ‘Maine Center for Public Interest Reporting P.O, Box 284 Hallowell, ME 04347 June 25, 2021 Captain Daniel Bean 149 Jordan Springs Rd. Alfred, ME 04002 ‘Dear Captain Bean: J am requesting access to publie records under the Freedom of Access Act on behalf of the Maine Center for Public Interest Reporting, also known as The Maine Monitor and formerly Pine Tree Watch, a nonpartisan nonprofit news service. ‘The Maine Center for Public Interest Reporting is a nonprofit news organization based in Augusta, Maine that has engaged in investigative reporting on Maine state, county and local government for 11 years. Our reporting focuses on accountability in government operations, including the criminal justice system. Our reporting about the practice of county jeils recording calls between inmates and attorneys has been reported on our website and shared with 28 media partners across Maine and led to policy changes at the “Maine Drug Enforcement Agency and a class action lawsuit in the U.S. District Court of Maine. However, so far, the public has only been informed about limited aspects of past and ongoing practice by the counties to eavesdrop on inmate conversations with their attorneys. The purpose of this request is to inform the public about the prevalence and nature of county’s practices that may have in the past and may continue to record and make available to the government privileged communications between inmates and their lawyers, We are not requesting the contents of any recordings. We are only requesting information that we know exist and that contain details about phone calls that are akin to and only slightly ‘more detailed than what appears on an ordinary long-distance phone bill, Under the Maine Freedom of Access Act, | am requesting copies of four categories of public records: Eirst, Call Detail Reports (CDR) of al calls from inmates at the York County Jail to any of the attached phone numbers that occurred between January 1, 2019 and the date of this request. These phone numbers belong to Maine criminal defense lawyers. In response to prior FOAA requests, I have received such reports from Androscoggin, Aroostook and Franklin counties, which are also serviced by Securus Technologies, Inc, Those responses demonstrate that itis both technologically and legelly possible to produce the reports for York County. Additionally, 1 request information about who accessed these calls, in the fields “downloaded” and “playback.” Aroostook County was able to provide this information to a lawyer who it recorded while he spoke to clients atthe local jail, and the same information is accessible to the other jails. I ask to receive these records in digital format, as required by Title 1, Section 408-A(7), consisting of an export of data from the Secure Call Platform in @ native format—for example, in comma separated variable (.esv) ot other common data interchange language~—and including the following fields: © Site © PortLoc