Maryland Public Information Act

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Contents

State sunshine
State laws
How to ask for records
Transparency headlines
Statutory changes
Notable FOIA requests
State Open Meeting Laws
State sunshine lawsuits
State court cases
E-mail access
Private agency, public dollars
The WikiFOIA portal

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.

[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%. [1]

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.[2]

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+".[3]

[edit] Public Records

Public records are defined by the Code of Maryland as ""Public records" means all paper, correspondence, forms, books, photographs, photostats, films, microfilms, sound recordings, maps, drawings, or other written documents, regardless of physical form or characteristics. Public records includes all copies made or received by the Department in connection with the transaction of public business and includes the salaries of all employees of the Department.".[4]

[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.".[5]

[edit] Proposed changes

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.[6],[7]

[edit] Who May Request Maryland Records?

Anyone may request public documents in Maryland. "All persons are entitled to have access to information about the affairs of government and the official acts of public officials and employees." [8]

For requester residency requirements in other states, see the list of who can make public record requests by state.

[edit] Relevant legal cases

[edit] See also

[edit] External links

[edit] References

  1. ↑ Integrity Index available for download here
  2. ↑ Graded state responsiveness to FOI requests, 2007
  3. ↑ Freedom of Information in the USA, 2002
  4. ↑ Code of Maryland, 09.01.04.02
  5. ↑ Code of Maryland
  6. ↑ Reason's Hit-and-Run, "Maryland Bill Would Bring Transparency to Use of SWAT Teams", February 6, 2009
  7. ↑ Washington Post, "Bill Calls for More Scrutiny Of SWAT Teams by Police", February 5, 2009
  8. ↑ Maryland Code, search for 10-612
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