Maine Attorney General: Public Complaint Policy Established for OAG Staff Misconduct

• The Maine Attorney General's Office has a policy outlining how members of the public can file complaints against its personnel.
• Clients, customers, program participants, consumers, and OAG employees can also report discrimination or retaliation in service delivery to the Maine Department of Public Safety or the U.S. DOJ Office for Civil Rights.
• This policy does not cover concerns from state agency clients or disputes over the OAG's legal positions, which are handled through internal processes.
• Complainants will be notified of the final disposition and outcome of their complaint, subject to legal and contractual limitations.
• The Chief Deputy oversees the complaint process, including potential referrals to other appropriate local, state, or federal agencies for specific issues.

This policy specifically details how members of the public can file a complaint against personnel of the Office of the Attorney General.

The Office of the Attorney General (OAG) in Maine has established a formal policy detailing the process by which members of the public can file a complaint against individuals employed by the Office. This framework is specifically designed to provide an official channel for external grievances, ensuring accountability and transparency in the OAG's operations. The policy was reissued on October 3, 2019, under the tenure of Attorney General Aaron M. Frey.

This directive primarily addresses complaints originating from the general public, distinguishing them from internal concerns or those raised by state agency clients. It serves as a foundational document for individuals seeking to report perceived misconduct or issues involving OAG personnel, providing a clear procedural path for such matters to be formally addressed.

Beyond general public complaints, the OAG's policy also highlights specialized avenues for reporting discrimination or retaliation. As a subrecipient of federal financial assistance, channeled through the Maine Department of Public Safety (DPS), the Office of the Attorney General is subject to specific federal oversight regarding civil rights. This status mandates that the OAG provide notice of additional complaint mechanisms for certain individuals.

Clients, customers, program participants, consumers, and even employees of the Office of the Attorney General who believe they have experienced discrimination or retaliation in the delivery of services are explicitly informed of their right to file a complaint with either the Maine Department of Public Safety or the U.S. Department of Justice Office for Civil Rights (OCR). These alternative channels ensure that individuals have recourse through external federal and state bodies for grievances related to civil rights violations within the OAG's service provision.

It is important to note that the established complaint policy has specific boundaries regarding the types of issues it covers. The policy is not intended to address concerns raised by state agency clients regarding the performance or behavior of OAG staff members. Such matters, which arise from the OAG's direct work with other state entities, are managed through existing internal supervisory structures.

Furthermore, the policy does not apply to disagreements or concerns about the legal positions adopted by the Office of the Attorney General. These types of issues, along with state agency client concerns, are handled through regular supervisory channels, an internal review process determined by the Chief Deputy, or by other specific internal OAG policies, such as the Policy Statement Against Harassment, the Domestic Violence Workplace Policy, or the EEO/AA Policy Statement. The policy's explicit focus remains on complaints originating from the public, distinct from these internal or legal strategy-related matters.

Once a public complaint is filed under this policy, the Office of the Attorney General follows a defined process for its disposition. The Chief Deputy holds the responsibility for ensuring that these complaints are appropriately handled and reviewed. Upon the final resolution of a complaint, and if deemed appropriate, the complainant will receive notification that their matter has been thoroughly investigated and addressed by the Office.

Should a review be conducted, the complainant will be informed of its outcome, provided that such disclosure is permissible under civil service rules, applicable laws, and any relevant contractual requirements. Additionally, the policy acknowledges that certain complaints may contain factual elements that necessitate referral to other specialized bodies, such as the Department of Equal Employment Opportunity/Americans with Disabilities Act Coordinator, or to other appropriate local, state, or federal agencies for further action or investigation.

This policy outlines the official channels and procedures for members of the public to file complaints, including discrimination claims, against the Maine Attorney General's Office. Lawyers should be aware of these specific avenues to properly advise clients seeking redress or reporting misconduct by the OAG or its staff.

Source: Original reporting via the Maine Attorney General's Office