Forms

• Jurisdiction: Maryland

XI. FORMS

These sample forms are illustrative of proper format and content. However, no form should be relied upon as a substitute for independent research, knowledge of the applicable laws, and consideration of the context in which the form is to be used. Forms begin on next page.

Form 2-1. Sample Publication Information Act Request (PIA)

Jane Doe, Attorney at Law Suite 1, Storefront Building 123 Mulberry Street Baltimore, Maryland 21201 (410) 555-1234

August 31, 2018

Mr. State Administrator
Executive Director
Maryland Commission
XXX XX Street
Baltimore, Maryland 21200

Dear Mr. Administrator:

This is a request under the Maryland Public Information Act, Title 4 of the General Provisions of the Maryland Code. I am making this request on behalf of my client, Jane Doe. In this capacity, I wish to inspect all records in your custody and control pertaining to the following:

(A) the denial by the Commission of the permit of Ms. Doe submitted on or about June 1, 2017; and

(B) any studies, statistics, reports, recommendations, or other records that treat in any fashion the Commission's actions, practices, or procedures concerning the granting or denial of permits during the last three fiscal years.

If all or any part of this request is denied, I request that I be provided with a written statement of the grounds for the denial. If you determine that some portions of the requested records are exempt from disclosure, please provide me with the portions that can be disclosed.

Please advise me as to the cost, if any, for inspecting the records described above. I anticipate that I will want copies of some or all of the records sought. If you have adopted a fee schedule for obtaining copies of records and other rules or regulations implementing the Act, please send me a copy.

I look forward to receiving disclosable records promptly and, in any event, to a decision about all of the requested records within 30 days. Thank you for your cooperation. If you have any questions regarding this request, please telephone me at the above number.

Sincerely,

__________
Attorney-at-Law

cc: Commission Attorney

Form 2-2. Public Information Act Complaint

IN THE CIRCUIT COURT FOR ANNE ARUNDEL COUNTY

ISAAC INQUISITIVE 987 Snoopy Way Baltimore, Maryland 21231 Plaintiff

v.

MARYLAND WIDGET ADMINISTRATION Department of Anonymity 12345 Ritchie Highway Glen Burnie, Maryland 21061 Serve on Bob Bureaucrat, Chief Defendant

CIVIL NO.

CASE NO.

COMPLAINT

Isaac Inquisitive ("Mr. Inquisitive"), by his undersigned counsel, sues the Maryland Widget Administration, and as reasons therefore, states:

The Parties

1. Mr. Inquisitive is a natural person, a resident and domiciliary of Baltimore County, Maryland, and a member of the public.

2. Defendant the Maryland Widget Administration ("the MWA") is a unit of State Government within the Department of Anonymity established and governed by Md. Ann. Code, Anonymity Art., Title 10. The MWA supervises the widget industry in the State. The MWA has its principal office in Anne Arundel County.

Jurisdiction and Venue 3. This Court has personal jurisdiction over all parties under Md. Code Ann., Cts. & Jud. Proc. § 6-102, by virtue of the fact that all parties live within this State, are organized under the laws of this State, and/or maintain their principal places of business in the State.

4. This Court has subject matter jurisdiction over this Complaint pursuant to the Maryland Public Information Act, Md. Code Ann., State Gov't §§ 10-611 et seq.

5. Venue is proper in this Court pursuant to Md. Code Ann., Cts. & Jud. Proc. § 6-201, as the MWA carries on a regular business within Anne Arundel County.

Facts 6. On Jan. 2, 20___, Jane Doe, Esq., counsel to Mr. Inquisitive, forwarded to Mr. Bob Bureaucrat, Chief of the MWA, in his capacity as de facto chief custodian of documents thereof, pursuant to the Maryland Public Information Act, a request for certain documents. The documents sought included:

A. All written policies and procedures controlling access to the personnel files of your department, and any and all documents reflecting when such policies and procedures were adopted and/or implemented;

B. All written policies and procedures with regard to access by the Administration's employees to personnel files, and any and all documents reflecting when such policies and procedures were adopted and implemented.

Ms. Doe specified that if any part of the request were denied, the MWA should identify the nature and general content of each item being withheld, and a statement of the grounds for the decision to withhold. Finally, she insisted that the 30-day response period provided in the Public Information Act be honored.

7. On Jan. 30, 20___, the MWA's counsel wrote to Ms. Doe advising her that MWA would turn over none of the documents on grounds of national security and because none of the records sought were "public records" within the meaning of the Public Information Act, and would not in any way identify the documents being withheld.

Count One 8. The allegations of Paragraphs 1 through 7 are incorporated by reference as if fully realleged herein.

9. The response of the MWA to Mr. Inquisitive's request under the Public Information Act to inspect and to copy documents is incomplete, insufficient, inadequate and a blatant violation of the Maryland Public Information

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