GARY ALAN GLASS v. ANNE ARUNDEL COUNTY, MARYLAND, ET AL.
Court of Appeals of Maryland, McDonald, May 25, 2017,
MD Public Information Act (MPIA)– Internal Affairs Records- An MPIA request for a specific officer’s internal affairs file “can be withheld in its entirety, without the need for a severability review” because even with redaction it is still clearly the personnel file of a particular individual.
(Concur- Watts- where an investigation against a law enforcement officer is completed and results in a sustained complaint, the record of the discipline imposed should not be exempt from disclosure under the MPIA)
A “road rage” incident between a motorist and an off-duty Anne Arundel County officer in 2010 sparked several years worth of litigation.
The motorist, Gary Glass, filed record requests to the AA Police Department that “initially targeted the traffic stop and the internal affairs file created by the Police Department in response to complaints by Mr. Glass about the officer, but later encompassed “any and all” records related to Mr. Glass.”
Dissatisfied with the handling of his requests, Mr. Glass filed at least two lawsuits under the PIA against the County.
Dissatisfied with the disposition of those lawsuits, Glass appealed.
MPIA- The MD Public Information Act (MPIA)– The MPIA is based on the principle that “[a]ll persons are entitled to have access to information about the affairs of government and the official acts of public officials and employees” subject to certain exceptions.
MPIA- Personnel Records- One of those exceptions relates to Personnel Records. The custodian of record is required to allow the person of interest (and certain supervisors) to review the record, but can not allow others to view it. “Personnel record” includes any record that relates to a particular employee’s “hiring, discipline, promotion, dismissal, or any matter involving his status as an employee.”
MPIA – IID Records- An Internal Affairs file qualifies as a personnel record, but can be disclosed under certain circumstances. For example, when it can be done in a way that does not identify the specific officer in question. Or when required during criminal discovery.
MPIA – IID Records- A request for a specific officer’s internal affairs file can not generally be performed because, even if they are redacted, it is obviously still identifiable as the record of a specific individual.
MPIA – Investigative Files- Another exception relates to investigation, intelligence information, and security procedures. The holder of a record may deny access to:
(1) records of investigations conducted by the Attorney General, a State’s Attorney, a municipal or county attorney, a police department, or a sheriff;
(2) an investigatory file compiled for any other law enforcement, judicial, correctional, or prosecution purpose; or
(3) records that contain intelligence information or security procedures of the Attorney General, a State’s Attorney, a municipal or county attorney, a police department, a State or local correctional facility, or a sheriff.
MPIA – Investigative Files- Denying access to an investigative file can only be done if disclosure would:
(1) interfere with a valid and proper law enforcement proceeding;
(2) deprive another person of a right to a fair trial or an impartial adjudication;
(3) constitute an unwarranted invasion of personal privacy;
(4) disclose the identity of a confidential source;
(5) disclose an investigative technique or procedure;
(6) prejudice an investigation;
OR (7) endanger the life or physical safety of an individual.
MPIA- Searches- In responding to a MPIA request, an agency must make “reasonable” efforts to uncover records related to the request. An agency is not required to “locate every possible responsive record.”
MPIA- Searches- Reasonableness must be measured against the specificity of the request and the willingness of the requestor to focus a request to improve the efficiency of the search. An agency is not expected to divert its resources to an exhaustive search in response to a broadly worded request that the requester refuses to focus and at an expense that will not be recovered
MPIA – Custodian of Record- An agency’s records remain “public records” even if they are outsourced to a private contractor or separate agency.
MPIA – Custodian of Record- The records manager of a Police Department is an appropriate custodian for a PIA request that encompassed archived emails of the Police Department, even if archived with another agency, when the Police Department itself accessed those records for its own purposes, and the records manager retained responsibility for asserting privileges and other exceptions to disclosure under the PIA with respect to those records.
MPIA – Response- A response by a custodian of record indicating the results of a preliminary search and a fee estimate for actually performing the record request is not a denial.
MPIA – Discovery- A discovery order in a MPIA lawsuit ordering production of records “is dubious at best” (footnote)