News & Notes

Open Matters: the Ombudsman’s Blog
Recent Posts

Discretionary Exemption Series: Investigative Records Exemption 12/28/20

New Court Rules Govern Access to Judicial Records 7/30/20

What Criminal Records Can I Get Under the PIA? 07/09/20

Update on Agency Practices During the Pandemic. 5/28/20

Importance of Accurate PIA Custodian Contact Information. 4/06/20

Ombudsman’s PIA Guidance During COVID-19 State of Emergency 3/23/20

Ombudsman and members of the PIA Compliance Board unanimously support HB 502/SB590. 2/14/20

MSA – Records Management and the Public Information Act. 1/7/20

Highlights From The PIA Compliance Board’s Opinions. 8/14/19

Ombudsman and PIACB Seeking Comments on Research Project. 8/1/19

Where are My Records. 7/12/19

Assessing Fees for PIA Requests. 7/3/19

Public Access Ombudsman Adopts Regulations. 6/18/19

Tips for Agency Transparency in the PIA Process. 04/15/2019

Proposed Regulations Noticed – Ombudsman Operations. 3/29/19

Let the Sun Shine In: Maryland Public Access Ombudsman Program. 3/15/19

Proactive Disclosure Saves Time and Money, and It’s the Law. 1/28/19

PIA in the News

• PIA Ombudsman Program – Impact of Covid-19 and Mediation Metrics. Pt 2
  On September 24, 2021, the Ombudsman submitted the annual report of her office, as an appendix to the PIACB 6th Annual Report, to the Legislature. Below is an excerpt that discusses lessons learned during the State Emergency of the Covid-19 pandemic. Her entire report can be found at https://www.marylandattorneygeneral.gov/OpenGov%20Documents/PIACB/AnnualReportFY2021.pdf in Appendix C. Other Takeaways from the ...
• PIA Ombudsman Program – Impact of Covid-19 and Mediation Metrics. Part 1.
  On September 24, 2021, the Ombudsman submitted the annual report of her office, as an appendix to the PIACB 6th Annual Report, to the Legislature. Below is an excerpt that discusses lessons learned during the Covid-19 pandemic. Her entire report can be found on the Board’s website posting of its report in Appendix C. In March ...
• 2021 Legislative Changes to the PIA (Pt. 2)– H.B. 183.
  The General Assembly considered several PIA-related bills this session, but only two passed both chambers and went on to become law. This is the second of two blog posts dealing with legislative changes to the PIA during the 2021 session. The first post concerned certain changes to investigatory and other records related to police misconduct ...
• 2021 Legislative Changes to the PIA – Two Part Series
  The General Assembly considered several PIA-related bills this session, but only two passed both chambers and went on to become law. One, which makes changes to the treatment of records related to investigations into police misconduct, was vetoed by the Governor while the General Assembly was still in session, thus permitting the General Assembly to override ...
• The Ombudsman and members of the PIA Compliance Board unanimously support HB 183
  The “PIA” guarantees governmental transparency by requiring State and local government agencies, upon request, to allow for the inspection of their records “with the least cost and least delay,” subject to certain exceptions for confidentiality, privacy, and privilege. The General Assembly, in 2015, created two independent options for resolving PIA disputes without the need to go ...
• Discretionary Exemptions Series: Investigative Records
  The Maryland Public Information Act (“PIA”) provides access to government records of all kinds, but it also protects certain records and information under both its own provisions and under the provisions of other laws. There are five categories of exceptions to the general rule of disclosure, specifically: Part I: Mandatory, Other Law Part II: Mandatory, Specific Records Part ...
• New Court Rules Govern Access to Judicial Records
  The Maryland Court of Appeals has adopted new Rules that govern access to judicial records.  The Rules, found in Title 16, Chapter 900 of the Maryland Rules, take effect on August 1, 2020.  They can be found at http://news.maryland.gov/mpiaombuds/courtrules080120/. The new Rules cover all judicial records and break them down into five categories: notice records, administrative ...
• What Criminal Records Can I Get Under the PIA? 
  The Maryland Public Information Act (“PIA”) provides access to government records of all kinds, but it also protects certain records and information under both its own provisions and under the provisions of other laws—including other Maryland laws and the Maryland Court Rules. This is true when it comes to various kinds of criminal law enforcement ...
• Update on Agency PIA Practices during the Pandemic
  In March, when it was apparent that the covid-19 pandemic would severely impact all levels of society for the foreseeable future, the Ombudsman published guidance to agencies that emphasized a reasonable and good faith approach to PIA responses given the limitations and burdens placed on governmental operations.  You can read that guidance here. Among other suggestions, ...
• Importance of Accurate PIA Custodian Contact Information
  The Maryland Public Information Act (“PIA”) works best when members of the public can easily find out where to send PIA requests, and who those requests should be addressed to. Similarly, government agencies can best manage their PIA responses when they have a clearly-identified point person who receives PIA requests and knows what to do ...
• Guidance to Governmental Custodians Regarding PIA Timelines during the COVID-19 Crisis 
  Q. Does the Public Access Ombudsman have any guidance for State and local governmental custodians about dealing with PIA requests and PIA deadlines in the current COVID-19 crisis? A. Although we can’t say for sure, under the novel circumstances facing many State and local agencies, it is possible a court, if faced with a challenge to ...
• Ombudsman and members of the PIA Compliance Board unanimously support HB 502 / SB 590
  This year marks the 50th anniversary of the Maryland Public Information Act. The “PIA” guarantees governmental transparency by requiring State and local government agencies, upon request, to allow for the inspection of their records “with the least cost and least delay,” subject to certain exceptions for confidentiality, privacy, and privilege. Public records have changed a lot ...
• Records Management and the Public Information Act
  For this blog, the Public Access Ombudsman is reprinting the latest edition of For the Record, the records management newsletter for the State of Maryland, published by the Maryland Department of General Services (DGS) and the Maryland State Archives (MSA). This issue provides information about the relationship between Records Management and the PIA. Thanks go to ...
• Maryland’s electronic court record system creates ‘loophole’ for secret filing
  1/5/20 Capital Gazette.
• Ombudsman and PIA Compliance Board’s PIA Report in the News
  In new report, Maryland open-records officials urge greater transparency” 1/3/20. Washington Post.
• MD Online Political Advertising law ruled unconstitutional
  12/8/19. MDDC Press Association
• OGIS Officially Joins the International Access Community
  11/29/19. FOIA Blog
• Maryland public records board needs teeth. Opinion
  The Baltimore Sun. 11/13/19.
• How Transparent Should Government Be After a Cyberattack?
  Governing. 11/08/19
• Stewards of Maryland’s public records law seek greater authority to adjudicate disputes
  11/6/19. The Baltimore Sun.
• Judiciary ordered to turn over ‘key’ to judge names in Case Search
  Daily Record. 10/31/19.
• Report highlights several areas for potential improvement in Oregon’s public records law
  Ginger McCall, Oregon’s First Public Records Advocate, Issues Final Report that highlights several areas for potential improvement in Oregon’s public records law.
• Lawmakers Regroup to Rework Police Transparency Bills
  10/9/19. Maryland Matters
• Should charter schools be subject to open-record laws?
  Washington Post. 10/9/19.
• Maryland agencies lack consistent policies, struggle to comply with public records requests, surveys show.
  Baltimore Sun. 10/8/19