Maryland Public Information Act

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The Maryland Public Information Act is a series of laws designed to guarantee that the public has access to public records of government bodies at all levels in Maryland. Statutes 10-611 through 10-628 of the Maryland legislature define the law.

The Maryland Open Meetings Act legislates the methods by which public meetings are conducted. Statute 10–501 of the Annoted Code of Maryland define the law.

To learn more about how to make a public records request in this state, please see: Maryland FOIA procedures

[edit] Recent news

See also: Maryland transparency headlines

[edit] Transparency blocking

More transparency blocking news from across the country.

[edit] Litigation

More FOIA litigation news from across the country.

[edit] Legislation

More FOIA legislation news from across the country.

[edit] Sunshine Guardians

No recent news. If you have news add it here

Other Sunshine Guardians from across the country.


[edit] Relevant legal cases

See also: Court cases with an impact on state FOIA

Here is a list of lawsuits in Maryland. For more information go the page or go to Maryland sunshine lawsuits.
(The cases are listed alphabetically. To order them by year please click the icon below the Year heading)

Lawsuit Year
A. S. Abell Publishing Co. v. Mezzanote 1983
Belt v. Prince George's Co 1890
City of Baltimore Development Corporation v. Carmel Realty Associates 2006
City of New Carrollton v. Rogers 1980
Community and Labor United for Baltimore Charter Committee (CLUB) v. Baltimore City Board of Elections 2003
Faulk v. State's Attorney for Harford County 1984
Hamilton v. Verdow 1980
Moberly v. Herboldsheimer 1975
Pressman v. Elgin 1946


[edit] Proposed transparency legislation

[edit] 2010

See also Proposed transparency legislation, 2010

We do not currently have any legislation for Maryland in 2010. To add some, please see WikiProject Proposed state sunshine legislation.


[edit] 2009

Main article: Proposed reforms in state sunshine laws, 2009

Cheye Calvo, the mayor of Berwyn Heights, Maryland is lobbying for the Maryland legislature to pass a new bill that would require every SWAT team in the state to provide a monthly public report on its activities, including where and when it was deployed and whether an operation resulted in arrests, evidence seizures or injuries. In the summer of 2008, Calvo's home was the subject of a mistaken and violent drug raid during which his two black labs were shot and killed by members of a police SWAT team.[1],[2]

[edit] Maryland's transparency report card

A 2008 study, BGA - Alper Integrity Index, conducted by the Better Government Association and sponsored by Alper Services, ranked Maryland #9 in the nation with an overall percentage of 58.30%. [3]

A 2007 study, Graded state responsiveness to FOI requests, conducted by BGA and the NFOIC, gave Maryland 62 points out of a possible 100, a letter grade of "D", and a ranking of 11 out of the 50 states.[4]

A 2002 study, Freedom of Information in the USA, conducted by IRE and BGA, ranked Maryland's law as the 29th worst in the country, giving it a letter grade of "D+".[5]

[edit] Features of the law

The Maryland Code dictates that "All persons are entitled to have access to information about the affairs of government and the official acts of public officials and employees."[6]

It is interesting to note that Maryland law requires that if records are submitted to an incorrect department, then the custodian is required, within 10 days, to notify the person making the request and inform them of the correct department if known. [7]

[edit] What records are covered?

Public records are defined by the Code of Maryland as documents in any form, made or received by a public body which pertain to government business. [8]

[edit] Exemptions

Exceptions to Maryland's PIA include:

[10] [11] [12]

[edit] What agencies are covered?

All governing bodies and both the state and local level are covered by the Maryland Public Information Act.

[edit] Who may request records?

See also: List of who can make public record requests by state.

All people and governmental units are able to make public records requests unless otherwise indicated by statute. [13]

[edit] Must a purpose be stated?

There are not requirements concerning a statement of purpose. However, if the custodian of the records deems that inspection would go against the public interest, he or she may deny the record for up to ten days and petition for a court hearing to permanently exempt the record. [14]

[edit] How can records be used?

The use of criminal records for the solicitation of legal services is prohibited by law.

[edit] Time allowed for response

See also: Request response times by state.

Maryland law allows the department 30 days to either grant the materials or deny the request. [15]

[edit] Fees for records

The Maryland law allows departments to charge a reasonable fee which includes both the cost of duplication as well as any staff time in excess of 2 hours involved in the search, compilation, or reproduction of materials. Waivers are permitted considering the person requesting the documents financial status and the public interest in the release of the information. [16]

[edit] Maryland Records Management Division

The Maryland Records Management Division was established by the Maryland Public Information Act in order to better assist the state in determining what records should be preserved for historical interest and what records should be destroyed. While they do not hold hearings or decided cases about open records violations, they do possess a considerable amount of historical power, shaping what records are preserved by the state and permitting the destruction of current records.

[edit] Open meetings

The purpose of the Maryland Open Meetings Act reads as follows: " It is essential to the maintenance of a democratic society that, except in special and appropriate circumstances: (1) public business be performed in an open and public manner; and (2) citizens be allowed to observe: (i)the performance of public officials; and (ii)the deliberations and decisions that the making of public policy involves.".[17]

[edit] Notable requests

[edit] See also

[edit] External links

[edit] References

  1. ↑ Reason's Hit-and-Run, "Maryland Bill Would Bring Transparency to Use of SWAT Teams", February 6, 2009
  2. ↑ Washington Post, "Bill Calls for More Scrutiny Of SWAT Teams by Police", February 5, 2009
  3. ↑ Integrity Index available for download here
  4. ↑ Graded state responsiveness to FOI requests, 2007
  5. ↑ Freedom of Information in the USA, 2002
  6. ↑ Maryland Statute 10-612
  7. ↑ Maryland Statute 10-614-3
  8. ↑ Maryland Statute 10-611-G
  9. ↑ Maryland Statute 10-616-M
  10. ↑ Maryland Statute 10-616
  11. ↑ Maryland Statute 10-617
  12. ↑ Maryland Statute 10-618
  13. ↑ Maryland Statute 10-613
  14. ↑ Maryland Statute 10-619
  15. ↑ Maryland Statute 10-614-4-B
  16. ↑ Maryland Statute 10-621
  17. ↑ Code of Maryland
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