Board warns Maryland Public Information Act limits are curtailing IG access; members urge legislative fix

Howard County’s Inspector General Advisory Board discussed June 4 how the Maryland Public Information Act (MPIA) has constrained the county inspector general’s access to certain records, including personnel files, and explored possible fixes ranging from county data‑use agreements to a state legislative change.

Chair David Salem summarized recent developments in Baltimore City and other counties and said the board’s understanding is that MPIA case law and local interpretations currently limit the IG’s ability to see records the statute treats as mandatorily nondisclosable. “Because of the application of the MPIA to Ms. Madigan’s access to records, she is not going to have full access in the immediate future,” Salem said.

The board reviewed interim measures in other jurisdictions and a local data‑use agreement that provides some platform access. Amanda Mayo (speaker 6) — who spoke on behalf of the county’s legal office — cautioned that the most reliable remedy is likely a state legislative change and encouraged board members to contact state delegates and senators. “The fix for the issues that are raised with the mandatory denials really does lie with the state legislature,” Mayo said, adding that county officials are preparing a memo and that members should begin outreach ahead of the next General Assembly session.

Board members also recounted a recent county council effort to make the inspector general a co‑custodian of records (an amendment introduced by Councilwoman Walsh) that failed in a council vote. Members said the county’s existing data‑use agreement is short and general, and that some systems likely operate on a hybrid basis — the IG may have direct read‑only logins to some platforms but must request data from custodians for others, which raises potential conflict concerns and can lead to redactions.

The board did not adopt new policy at the meeting but agreed to support the inspector general in seeking broader access and to coordinate outreach to state legislators. Several members warned that timing is constrained by Maryland’s 90‑day legislative session, which convenes in January, so advocacy and bill drafting work should begin well before the session opens.

The board will continue to monitor developments and coordinate with county legal staff and state delegates on potential legislative solutions.