Three paper corporations sued the Penobscot Nation and Passamaquoddy Tribe seeking documents under the Maine Freedom of Access Act. The Court had to decide whether the Maine Freedom of Access Act, 1 M.R.S.A. §§ 401-410 (1989 & Supp. 2000), which is ordinarily applicable to municipalities and other components of state government, is applicable to the Penobscot Nation and the Passamaquoddy Tribe. The Court found that when the Tribes are engaged in the deliberative processes of self-governance, the Maine Freedom of Access Act does not apply due to 30 MRSA §6206(1). Conversely, the Court decided when the Passamaquoddy Tribe and Penobscot Nation act in their municipal capacity “with persons or entities other than their tribal membership, such as the state or federal government, the Tribes may be engaged in matters that are not ‘internal tribal matters.’”
