Maryland Public Information Act
From Sunshine Review
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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.
[edit] Recent news
[edit] Transparency blocking
- Maryland's not as open as it could be
- On FOIA request, deliberate delay invites suspicion
- Copies for well lawsuit would have cost $200,000
More transparency blocking news from across the country.
[edit] Litigation
- Mayor: Send Casa funds to Monocacy Boulevard instead
- CASA seeks to compel Sheriff Jenkins to appear at deposition
- Ruark ordered to release records
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] 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] 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."[4]
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. [5]
[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. [6]
Exceptions to Maryland's PIA include:
- Adoption information (10-616-B)
- Welfare information of an individual (10-616-C)
- Letters of reference (10-616-D)
- Library records (10-616-E)
- Library or Museum donor information (10-616-F)
- Criminal records, only to prevent the solicitation of the individuals mentioned in the records (10-616-H)
- Medical records (10-616-J)
- Student information (10-616-K)
- "all photographs, videotapes or electronically
recorded images of vehicles, vehicle movement records, personal financial information, credit reports, or other personal or financial data created, recorded, obtained by or submitted to the Maryland Transportation Authority or its agents or employees in connection with any electronic toll collection system or associated transaction system" [7]
- Personal information from the Motor Vehicle Administration (10-616-P)
- Arrest warrants, until the warrant is served or has been issued for at least 90 days (10-616-Q)
- Inspection records for renewable energy credits (10-616-T)
- Surveillance images (10-616-U)
- Trade secrets and valuable commercial information (10-617-D)
- Personal contact information and financial information, excluding salaries, of state employees (10-617-E and F)
- Security information (10-617-G)
- Licensing information (10-617-H)
- Marriage Licenses (10-617-K)
- Examination information (10-618-C)
- Academic research (10-618-D, H)
- Real estate appraisal for potential government acquisitions (10-618-E)
- Attorney general investigation information (10-618-F)
- Information concerning the location of environmentally sensitive material (10-618-G)
[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?
All people and governmental units are able to make public records requests unless otherwise indicated by statute. [11]
[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. [12]
[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. [13]
[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. [14]
[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.".[15]
[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.[16],[17]
[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)
[edit] Notable requests
[edit] See also
[edit] External links
- Maryland Statutes Search laws GSG10-611 - 627
- Marylands Public Records law at Michie's Legal Resources
- Attorney General's Manual to Maryland Public Information Act
- Open Government Guide to Maryland
- Code of Maryland open meetings statute found at 10–501.
- Past articles on Maryland
[edit] References
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