Court Rules Maryland Governor is Not Exempt from Public Information Laws

Court Rules Maryland Governor is Not Exempt from Public Information Laws

     Maryland’s highest court ruled earlier this month that the governor is subject to the state’s public record law and must turn over some, though not all, of his telephone records and calendar of appointment for inspection.
     Those records of Gov. Parris N. Glendening and two of his top aides had been sought by The Washington Post. The governor’s initial refusal to provide the records had prompted the newspaper to sue his administration in December 1997.
     At the time, the newspaper was reporting on whether Glendening knew that a New Jersey-based health care company that hosted a fundraiser for him was at the same time bidding for a lucrative state contract.
     "There is no statutory language or legislative history suggesting that any unit of the Maryland government is exempt from the Public Information Act’s coverage," said the 4 to 3 ruling by the Court of Appeals, written by Judge John C. Eldridge. "The offices of the governor and his staff. . . are clearly encompassed by the statutory language."
     The ruling turned aside most of the governor’s claims that some information was shielded by executive privilege. The court rejected arguments that some records involved private personnel matters or negotiations with companies on economic development projects.
     Exceptions were provided for the governor, including an exemption from disclosure of the initial information requested by The Post as well as the disclosure of any phone records for Government House, the governor’s mansion.
     Glendening spokesman Michael Morrill said the administration was pleased with the ruling, which he said provided guidance on what the governor should and should not disclose.
     Three judges, including Chief Judge Robert M. Bell, disagreed that the governor had to disclose information under the law. The dissenting opinion said the separation of powers under the state constitution did not allow the General Assembly to make laws requiring the governor to disclose the information sought by the newspaper.

– excerpted from The Washington Post