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

• 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
• Oregon Public Records Advocate On Why She’s Resigning
  9/13/19. Oregon Public Broadcasting
• MCPS Says It Will ‘Hold Firm’ on Fees for Public Records
  9/13/19. Bethesda Magazine.
• Highlights From The PIA Compliance Board’s Opinions
  The Public Information Act Compliance Board is holding its annual meeting at 1 pm on Monday, August 19th at 200 St. Paul Place, Baltimore, Maryland 21202. In advance of the meeting, we wanted to highlight some of the Board’s most pertinent opinions about PIA fees, roughly categorized by key topic (PIA fees are currently the ...
• Ombudsman and PIACB Seeking Comments on Research Project
  Did you know that the PIA Compliance Board and Public Access Ombudsman were requested this year by the Chairmen of the Senate Budget and Taxation Committee and House Appropriations Committee to collect PIA compliance data from 23 state agencies, and to report out recommendations on ways to improve the PIA process? To see the Joint ...
• Where Are My Records?
  ~This article was submitted by the Office of the Public Access Ombudsman to the Office of the Public Defender Post Conviction Newsletter – Summer 2019. Tips from the Public Access Ombudsman’s Office The Office of the Public Access Ombudsman receives many requests from incarcerated persons who are trying to obtain materials pertaining to their underlying criminal case. ...