What the law says

Maryland’s Public Information Act says a government body may charge a “reasonable” fee for copies of public records, defined as “bearing a reasonable relationship to the recovery of actual costs incurred by a governmental unit.” It does not mandate specific amounts for fees. However, the act says it “shall be construed in favor of permitting inspection of a public record, with the least cost and least delay to the person or governmental unit that requests the inspection.” Under the act, a government body “may not charge a fee for the first 2 hours that are needed to search for a public record and prepare it for inspection.” One change to the act in 2015 was how labor costs are calculated beyond those first two hours. Agencies must calculate costs based on “each individual’s salary and actual time” connected to the response. Another change was for waivers. The act allowed a waiver if it were “in the public interest,” a provision news organizations often cite. The recent change added “indigence,” or inability to pay, as a basis for a waiver for an individual. Also in 2015, the Maryland General Assembly created a public access ombudsman position to mediate disputes over requests for public records. It also created a Public Information Act Compliance Board to rule on complaints that an agency imposed an unreasonable fee “of more than $350.” The board may issue binding opinions. The act can be found online at www. marylandattorneygeneral.gov/ Pages/OpenGov/piaManual. aspx. Click on Appendix E.

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