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Board: Maryland records law limits inspector general’s access; members urge legislative fix
Summary
Howard County advisory board members said the Maryland Public Information Act prevents the inspector general from accessing certain records (notably personnel files) and urged outreach to state lawmakers to pursue a legislative remedy; county law staff recommended residents contact delegates and senators.
Howard County’s Inspector General Advisory Board said the Maryland Public Information Act (MPIA) is limiting the inspector general’s ability to access some agency records, particularly personnel files, and urged state-level action to restore fuller access.
The chair told the board the MPIA had been read in a way that makes certain categories of records mandatorily nondisclosable to the inspector general, noting that Baltimore City, Montgomery County and Howard County are all wrestling with the same constraints. “The fix is likely a legislative fix,” the chair said.
Amanda Myhill, a representative of the Howard County Law Department, said the core legal remedy rests with the state legislature and recommended outreach to state delegates and senators. “The fix for the issues that are raised with the mandatory denials really does lie with the state legislature,” Myhill said, adding that the office would not be able to override state law via county action and that a memo on the issue had been circulated to board members.
Board members discussed alternative, narrower approaches that have been tried elsewhere, including making the inspector general a co-custodian of records or using data‑use agreements that grant direct, read‑only system logins. A proposed co‑custodian amendment introduced in a recent county budget hearing failed, with Councilwoman Walsh casting the lone affirmative vote, according to a board member.
Members were also warned that data‑use agreements can be incomplete: they may attach only certain systems, and some platforms still require a custodian to retrieve records. The board heard examples—vehicle GPS systems among them—where direct, read‑only logins would let the inspector general run reports without routing requests through agency staff.
Because Maryland’s general assembly meets in a 90-day session, members were told that substantive statutory changes will likely take months; Myhill and other members urged beginning outreach to state legislators now rather than waiting for the formal session. The board agreed to support the inspector general in pursuing legal remedies and to encourage residents to contact their delegates and senators.
