About Public Records
1. What is a public record under the Public Information Act?
A public record is defined as the original or copy of any documentary material in any form created or received by an agency in connection with the transaction of public business. Included in the definition are written materials, books, photographs, photocopies, microfilms, records, tapes, computerized records, maps, drawings, and other materials. As technology has advanced, the term has been considered to include email messages as well as text messages.
2. How do I request public records?
Generally, a request for public records should be made in writing and should describe the records you want as specifically as possible. Some agencies provide a portal or designated mailbox on their website for submitting record requests and most have designated representatives who receive and respond to requests . The Public Information Act Representatives list located in the List of Custodians shows the contact person for each government agency.
3. Where are the records I want to request?
There is no central location to request public records. Instead, a request should go to the agency that has responsibility for the record(s) you seek. If you do not know what agency has the record(s), you may review the Maryland State Archives' Maryland Manual Online, check an agency's website directly, or contact your local library for assistance to identify the agency that has the particular type of record.
4. What public records can I obtain from an agency or governmental unit?
When an individual requests public records from an agency or governmental unit, the agency or unit must provide the records or allow you to inspect them if the records are within its possession or control. There are some exceptions that apply to confidential materials. In addition, agencies have retention and destruction policies in place that may render materials unavailable after time.
About the Public Access Ombudsman
1. What does the Ombudsman do?
The Public Access Ombudsman mediates disputes under the Public Information Act that a requester and a records custodian have been unable to resolve themselves. The mediation process is entirely voluntary and confidential, and the Ombudsman does not have the authority to enforce the provisions of the Public Information Act. Rather, the Ombudsman's duties focus solely on attempting to resolve disputes between an applicant/requester and a records custodian/agency about a request for public information.
At the conclusion of a mediation, the Ombudsman will issue a written Final Determination to the parties that describes the specific Public Information Act issues that were mediated and the outcome of the mediation (i.e., whether the dispute was resolved).
Examples of issues that the Ombudsman can attempt to mediate include:
- Exemption (Denial of Request)
- Redactions (Partial Denial of Request)
- No response from custodian
- Late response by custodian
- Partial, nonresponsive, or incomplete response
- Excessive estimated or charged fees
- Fee waiver request denied or ignored
- Custodian's need for more time to respond
- Overly broad PIA request
- Request is frivolous, vexatious, or made in bad faith
2. What information do I need to submit with a request to the Ombudsman?
For the Ombudsman to open a file and begin mediation, the Ombudsman will need the following information:
- Requestor and agency contact information, and
- A brief description of the Public Information Act dispute.
Additionally, the Ombudsman requests copies of the following documents to open a file:
- A copy of the original Public Information Act request to the custodian.
- A copy of the custodian's 10-day response to the Public Information Act request (if any).
- A copy of the custodian's final response to the Public Information Act request (if any).
If any of these items are unavailable, please provide a description of this information, being sure to include dates, key details, and contact information.
3. How long does the process take once I ask for the Ombudsman's assistance?
Each mediation varies in how long it will take. It can depend on several factors, including the nature/complexity of the Public Information Act dispute, the responsiveness of the parties, and the number of requests pending in the Ombudsman's queue.
To get a better idea of the mediation process, please review the Ombudsman's Mediation Process Quick Guide. Once you have contacted the Ombudsman to request mediation assistance, we aim to open the file as promptly as possible , but generally within 10 business days. Once the file is open, the Ombudsman will have 90 days to attempt to resolve the Public Information Act dispute unless the parties agree to an extension.
4. Can I appeal the results of the Ombudsman's mediation to a court or other hearing officer?
No. Because the role of the Ombudsman is to serve as a mediator, there is no decision made by the Ombudsman and, therefore, no ability to file an appeal from the outcome of the mediation process.
5. Can the Ombudsman give me legal advice?
No. While the Ombudsman can provide helpful resources and information, she does not give legal advice or opinions to requestors or custodians.
6. Where can I learn more about the Public Information Act and the Ombudsman's mediation process?
The PIA Manual contains extensive information about the Public Information Act, and includes Appendix J which contains a list of public records custodians for agencies throughout Maryland.
For more information about what you can expect with mediation, please see the Ombudsman's Mediation Process Quick Guide.
