Question 1

What Records are not Subject to Inspection by the Public?

Accepted Answer

Pursuant to Title 4 of the General Provisions of the Maryland Code, certain records are not subject to inspection by the public for public policy purposes.

Some exemptions from disclosure are mandatory – meaning that the Frederick County Sheriff’s Office has no authority to release them.  Other exemptions are discretionary – meaning that the Frederick County Sheriff’s Office has the option to decide whether the records should be released.  This discretion is not unlimited. The Sheriff’s Office must explain why the discretionary exemption is being invoked – or, in other words, why disclosure is not in the public interest.

Question 2

What are Mandatory Exemptions?

Accepted Answer

Mandatory exemptions are those denials set forth in the MPIA or any other Federal or Maryland law that prevents an agency or governmental unit (such as the County) from disclosing certain records.
 
Examples of some of the more common mandatory exemptions include the following:
GP § 4-311: “personnel records” of an      individual are protected; however, such records are available to the      person who is the subject of the record and to the officials who supervise      that person. An agency may not generally share personnel records with      other agencies; however, it is implicit in the personnel records exemption      that another agency charged with responsibilities related to personnel      administration may have access to those records to the extent necessary to      carry out its duties.
GP §      4-329(b): prevents      disclosure of medical or psychological information about an individual person, as well      as personal information about a person with a disability. The exception also explicitly      makes confidential certain reports that local health departments receive      from physicians who diagnose cases of HIV or AIDS.  Thus, medical      information such as the symptoms of an ill or injured individual recorded      during a call to 911 to assist in dispatch of emergency personnel is not      to be released.  
GP § 4-335 prevents disclosure of trade      secrets, confidential commercial or financial information, and      confidential geological or geophysical information, if that information is      furnished by or obtained from any person or governmental unit.
GP § 4-335 prevents disclosure of trade      secrets, confidential commercial or financial information, and      confidential geological or geophysical information, if that information is      furnished by or obtained from any person or governmental unit.
GP § 4-336 protects from      disclosure the part of a public record that contains information about the      finances of an individual, including assets, income, liabilities, net      worth, bank balances, financial history or activities, or credit      worthiness.

Question 3

What are Discretionary Exemptions?

Accepted Answer

Discretionary exemptions are those denials set forth in the MPIA or any other Federal or Maryland law that allow an agency or governmental unit (such as the County) to deny inspection of certain records.
 
Examples of some discretionary exemptions include:
Executive Privilege: This exemption recognizes that it      is in the public interest to protect confidential communications between      elected officials, their high-level advisors and other key staff members      that are not intended to be made public. The public decision-making process      is strengthened when decision makers and their advisors are allowed to      share ideas and communicate freely as part of that process so that honest      and frank comments can be obtained without concern that the comments will      be made public. The final versions of documents may be public records, but      internal drafts of those documents are protected because the manner in      which draft documents are edited and reviewed can reveal the thought      processes of the drafter and reviewers and highlight areas where there may      be agreement or disagreement.
Attorney-Client Privilege: Communications between an attorney      and client are privileged and confidential by law unless the privilege is      waived by the client.
Interagency or Intra-agency      Memoranda – GP § 4-344: Interagency or intra-agency memoranda or letters      that would be privileged in litigation. This exemption allows a custodian      to deny inspection of any part of an interagency or intra-agency letter or      memorandum that would not be available by law to a private party in      litigation with the unit. This exemption reflects that part of the      Executive Privilege doctrine encompassing letters, memoranda, or similar      internal government documents containing confidential opinions,      deliberations, advice or recommendations from one governmental employee or      official to another for the purpose of assisting the latter official in      the decision-making function.
GP § 4-345: Testing records for academic,      employment, or licensing examinations
GP § 4-352: Plans and procedures relating to      emergency procedures and records relating to buildings, facilities, and      infrastructure, the disclosure of which would jeopardize security,      facilitate planning of a terrorist attack, or endanger life or physical      safety
GP § 4-351: permits the withholding of certain      investigatory records and records that contain intelligence information      and security procedures. This exemption also pertains to any law      enforcement cases that are still under open investigation or have not      reached adjudication with the court system. The determinations required of      the custodian vary depending on the particular records at issue.

FREDERICK COUNTY
SHERIFF'S OFFICE

MARYLAND

Request for Records, Crash Reports, and Public Information

Before You Begin

How to Submit a Records Request

Online Requests (Preferred Method)

In-Person or Phone Assistance

Records Available Through GovQuest

How the GovQuest System Works

Step 1

Step 2

Benefits of a GovQuest Account

Our Commitment

What Records are not Subject to Inspection by the Public?

What are Mandatory Exemptions?

What are Discretionary Exemptions?

FREDERICK COUNTY SHERIFF'S OFFICE

MARYLAND

Request for Records, Crash Reports, and Public Information

​

Before You Begin​

How to Submit a Records Request

Online Requests (Preferred Method)

​

In-Person or Phone Assistance

Records Available Through GovQuest

How the GovQuest System Works

Step 1

​

Step 2

​

Benefits of a GovQuest Account

Our Commitment

What Records are not Subject to Inspection by the Public?

What are Mandatory Exemptions?

What are Discretionary Exemptions?

FREDERICK COUNTY
SHERIFF'S OFFICE

Before You Begin