Montgomery County Maryland v. Shropshire
23 A.3d 205
| Md. | 2011Background
- This is a declaratory judgment action concerning access to Montgomery County Internal Affairs records under the Maryland Public Information Act (MPIA).
- The Inspector General sought records from the County Police Department’s Internal Affairs Division (IAD) related to alleged administrative rule violations by Sergeant Shropshire and Captain Parker-Loan arising from a November 30, 2008 automobile accident involving Assistant Fire Chief DeHaven.
- The IAD concluded in May 2009 that there were no administrative violations by the officers.
- The Inspector General’s investigation sought a broad set of records from multiple county departments, including personnel, policies, and investigative records.
- The circuit court ordered disclosure of the internal investigation records but barred disclosure of information of a personal nature unless directly relevant to the underlying investigation.
- The Court of Special Appeals granted certiorari to resolve whether MPIA 10-616(i) requires denial to the Inspector General and whether LEOBR confidentiality affects disclosure; the Maryland Court of Appeals held records are “personnel records” under 10-616(i) and thus exempt from MPIA disclosure.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether MPIA 10-616(i) requires denial of access to internal police investigations | Shropshire and Parker-Loan (plaintiffs) | County (defendant) | Records are personnel records exempt from disclosure |
| Whether LEOBR confidentiality (10-615(1)) applies to disclosure | LEOBR confidentiality protects records | LEOBR confidentiality does not override MPIA exemptions | Not reached; court held records are 10-616(i) personnel records, making LEOBR argument unnecessary |
| Whether records of internal investigations involving police are ‘records of investigations’ under MPIA 10-618(f) and discretionary disclosures | NAACP Branches rationale that investigatory records may be disclosed under 10-618 | Internal affairs records are personnel records under 10-616(i) | In this case, records fall under 10-616(i) (mandatory denial) rather than 10-618(f) discretionary disclosure |
| Whether the county could waive discretionary denial under local ordinance to disclose | County may direct disclosure under local ordinance powers | County ordinance not controlling over MPIA exemptions | Not necessary to address given 10-616(i) applicability; remanded for declaratory judgment aligned with this holding |
Key Cases Cited
- Kirwan v. The Diamondback, 352 Md. 74 (Md. 1998) (defines 'personnel records' and favors disclosure but allows exemptions under MPIA)
- Governor v. Washington Post, 360 Md. 520 (Md. 2000) (limits on what constitutes 'personnel records' under MPIA)
- Baltimore v. Maryland Committee, 329 Md. 78 (Md. 1993) (confidentiality and public interest in internal investigations)
- Maryland Dep’t of State Police v. Maryland State Conference of NAACP Branches, 190 Md.App. 359 (Md. 2010) (distinguishes investigative vs. personnel records in racial profiling context)
- Attorney General v. Gallagher, 359 Md. 341 (Md. 2000) (clarifies mandatory vs. discretionary MPIA provisions)
- NAACP Branches (Md. State Police v. MSP), 190 Md.App. 359 (Md. 2010) (concerns investigative records and public interest in transparency)