And the Court doesn't like that type of sham because the party who contracts with another party can, by contract language, build in what may be disclosed and what may not be disclosed. On the other hand, at no time would I wish to put a company at risk as far as intellectual property is concerned. Now I'm sure you'll be back again arguing what qualifies for that, and I don't mind that because I need to see specifically what it is.
But we cannot place a vendor at risk with intellectual property, nor do I intend for this Court to place the attorneys in the Office of Law at risk by disclosing their work product. The County filed a notice of appeal on October 24, On October 24, , the County filed, and the Post contested, a motion to stay enforcement of the court's October 3, order, which was granted on November 7, The Post filed a cross-appeal on October 31, This case was decided by the circuit court based on the Post's motion for summary judgment.
Harper, Md. Injured Workers' Ins. Fund, Md.
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Anderson, Md. Mathews, Md. P'ship v. Jung, Md. We must look to whether the court correctly interpreted and applied the relevant law to the uncontested material facts. Fister v.
Allstate Life Ins. East, Md. Davison, Md. In FOIA cases, the trial court. Center for Nat'l Sec. Studies v. United States Department of Justice, F. Maryland State Bd. Burke, 67 Md. Abell Pub. Mezzanote, Md.
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The Diamondback, Md. Washington Post Co. Montgomery County, Md. As the Court of Appeals has stated:. Cranford, Md. The government must provide a particularized justification for withholding each portion of a public record that it claims is exempt from public disclosure. The circuit court can base its decision to permit or deny access to the requested information on the State agency's cited exemptions or it can order an in camera inspection of the public records.
In reaching a decision, the court may:. If any person permits inspection or use of public records in violation of the above laws, they may be held liable for actual and punitive damages or subject to criminal penalties. The role of the news media is to inform the public. This is a legitimate and necessary task essential to the operation of a democratic system.
In accomplishing this goal, members of the news media will be performing their duties at many of the events in which the Department participates. The Department shall actively seek a cooperative climate in which the media may obtain information on matters of public interest in a manner which does not hamper police operations. The Department shall inform the media of events within the public domain that are handled by or involves the agency. Should an unusual or catastrophic incident occur, which would be expected to stimulate community interest, the media will be contacted by the PIO [the Public Information Office] he [sic] will assume responsibility for the release of information.
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Scope and content of news release[s] must be determined according to the circumstances of each situation. Generally, a description of those circumstances which are not legally privileged and which will not prejudice the rights of suspects or interfere with an investigation will be offered.
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Such determinations shall be made by the PIO, or the senior officer at the incident scene after he has [a] consultation with the PIO and the investigating officer. The public and the media may direct inquiries to the Department requesting information on a variety of subjects. While it is Department policy to fulfill these requests, it will not always be possible to do so.
The determination to release information or participate in interviews will be made according to the facts of the case.
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Routine requests shall normally be coordinated by through [sic] PIO. The County also asserts that the CIRs are destroyed after thirty days. In that case, the Court stated:.
The doctrine of executive privilege, in addition to protecting military and diplomatic secrets, is chiefly designed to protect confidential advisory and deliberative communications to government officials. This Court in the Hamilton case thus explained Md. A fundamental part of the decisional process is the analysis of different options and alternatives.
Advisory communications, from a subordinate to a governmental officer, which examine and analyze these choices, are often essential to this process. The making of candid communications by the subordinate may well be hampered if their contents are expected to become public knowledge. After reviewing cases in the United States Supreme Court and other courts, we pointed out in Hamilton [v.
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Verdow, Md. Mink, U. We recognized in Hamilton, Md. Coggeshall, supra, F. Moreover, some factual material is entitled to a degree of protection under the privilege, although not to the same extent as opinions and recommendations. This would include facts obtained upon promises or understandings of confidentiality, investigative facts underlying and intertwined with opinions and advice, and facts the disclosure of which would impinge on the deliberative process. In these situations, the government's asserted reasons for nondisclosure are weighed against the litigant's need for discovery in light of the particular circumstances of each case.
Frankenhauser v. Rizzo, 59 F. Boeing Company, supra, 38 F. Some citations omitted. Based on those cases, we perceive no error in not recognizing executive privilege as a basis for a blanket denial of the CIRs and therefore we must consider other exemptions. As explained in Office of the Governor, Md.
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