UPDATE: Janet Mills’ Independent Commission on Lewiston Shooting Will be Subject to FOAA After Release of Final Report, Mills Spox Says

Kevin Kelley, spokesman of Maine Gov. Janet Mills’ Independent Commission to investigate the facts surrounding the Lewiston shooting, has clarified to the Maine Wire that the Commission will be subject to public records requests upon the conclusion of their investigatory work.

[RELATED: Maine Gov Calls for “Independent” Commission to Review Police, Army Failures and Botched Investigation Around Robert Card’s Lewiston Murder Spree…]

Gov. Mills established the Independent Commission with a Nov. 9 Executive Order, which states that “Records, proceedings and deliberations of the Independent Commission are not subject to the requirements of 1 M.R.S. c. 13, in accordance with sections 402(2)(F), (3)(J) and § 403(6) of that Chapter [provisions of Maine’s Freedom of Access Act (FOAA)].”

The Executive Order does not reference FOAA aside from stating its exemption, however a disclaimer is provided that states “To the extent practical, and to the extent that its fact-finding mission is not hindered, the Independent Commission should conduct its work in a manner that is open and accessible to the public.”

In an email statement to Maine Wire Friday afternoon, Kelley clarified that “While the order does exempt the work of the commission during the course of the ongoing investigation, the FOAA law would apply upon conclusion of the commission’s work.”

“In addition,” Kelley continued, “Chairman Wathen has pledged that, so far as practical, the commission intends to be as public as possible so long as it does not hinder its fact finding mission. The final report would also be public.”

Kelley added that Wathen intends to organize a meeting of the Commission as soon as possible to establish a timeline for its work and to begin its assignment to investigate the facts of the Oct. 25 mass shooting.

“The commission is committed to conducting as much work as possible in an open setting, while also being sensitive to privacy concerns, so that the people of Maine can see for themselves that each member is dedicated to pursuing the facts regardless of where they lead,” he wrote.

Kelley’s statement can be read below:

While the order does exempt the work of the commission during the course of the ongoing investigation, the FOAA law would apply upon conclusion of the commission’s work. In addition, Chairman Wathen has pledged that, so far as practical, the commission intends to be as public as possible so long as it does not hinder its fact finding mission. The final report would also be public.

It is Chairman Wathen’s intent to organize a meeting of commission members as soon as possible, not only to establish a timeline for its work but, most important, to begin its assignment to investigate the facts of the tragedy.

The commission is committed to conducting as much work as possible in an open setting, while also being sensitive to privacy concerns, so that the people of Maine can see for themselves that each member is dedicated to pursuing the facts regardless of where they lead.