Presque Isle city councilors have recently approved a new policy for recommending airlines to the city’s airport that has raised concerns about its legality according to experts. The policy, approved on August 6th, requires the council to hold a closed-door executive session to reach a “non-binding” consensus before publicly voting on their recommendation to the U. S. Department of Transportation. While the purpose of this policy is to avoid public debates that may hinder the city’s ability to attract commercial airlines, it appears to violate Maine’s open meeting law.
According to officials, the decision to enter an executive session and the requirement to reach a consensus within it may be in violation of Maine law. Sigmund Schutz, a Portland-based lawyer specializing in media and open meeting law, stated that there is no basis for holding an executive session to discuss a proposal for airport service. He also noted that taking any votes in executive session, even on a non-binding consensus, is illegal.
After the Bangor Daily News began questioning the legality of the policy, the council has signaled that they may reverse their decision. A special meeting has been scheduled for August 20th to reconsider the policy, which was originally proposed by airport director Scott Wardwell. He stated that the purpose of the policy was to prevent airlines from being publicly criticized and to present a unified front with the council’s decision. However, the council’s responsibility in the Essential Air Service selection process is to issue a recommendation to the U. S. DOT, who holds the ultimate decision.
The legality of executive sessions in public meetings in Maine is governed by Title 1, Section 405 of the state’s revised statutes. The policy approved last week does not appear to fall under the criteria listed for “Permitted Deliberation. ” It also does not cite the authority for entering an executive session on this subject, and the city’s attorney has not provided a comment on the matter.
City Councilor Craig Green has defended the policy, stating that the negotiation of contracts is a legal use of executive sessions. However, the council’s involvement in the Essential Air Service selection process is only to make a recommendation, not to negotiate a contract. The council’s decision to recommend JetBlue as the airport’s provider in 2024 faced backlash from the public and United Airlines, the previous provider. The proposal approved last week is intended to avoid similar controversy in 2026, when JetBlue’s contract expires.
The policy also appears to mandate that councilors vote unanimously for the airline that was chosen in the executive session, even if their opinion conflicts with the majority. This has raised concerns about the speech rights of individual council members. Wardwell has acknowledged the issue and has stated that the policy will be reviewed and revised to address these concerns.
Experts have expressed concerns about the policy’s violation of Maine law and its opposition to the transparency that is intended for local governments.