HCPSS MPIA Request #2020-251

Responsive to this request, per clarification between multiple MPIA requests you are seeking emails, text messages and memorandums sent by Board Members to any other Board members and/or the Dr. Martirano, as well as those sent by Dr. Martirano to any Board members between the date ranges October 25 through November 7, November 8 through 26, and November 27 through December 13, we completed review in batches. Due to the volume of records, files available upon request.

On February 14, 2020 we provided the initial batch of responsive records, specifically emails meeting the above parameters during the initial date range requested. Exemptions found within these records included:

• Under MPIA GP § 4-330, we have redacted sociological information where it contains personal phone numbers, addresses or has the potential to pose a risk to individual safety or privacy.
• Under MPIA GP § 4-311, which prevents disclosure of personnel records of an individual, we have redacted information relating to hiring, discipline, promotion, dismissal, or any other matter involving an employee’s status has been redacted.
• Under the Family Educational Rights and Privacy Act of 1974 (FERPA), which restricts access to student records, and MPIA GP § 4-313, which prevents disclosure of school district records pertaining to individual students, we have redacted information that could reveal individual student information from the responsive records. This includes, as HCPSS follows the Maryland State Department of Education and the National Center for Education Statistics’ guidelines for protecting student privacy in public reporting, suppression of the following from responsive records: populations that fall below 10; percentages that are less than or equal to 5, or greater than or equal to 95; categories directly related to specific student records; and/or information that can reasonably identify an individual student or reveals information from an individual student’s record or could do so when combined with other publicly accessible data.
• Under MPIA GP § 4-338, which requires a custodian to deny inspection of records about the security of an information system, we have redacted specific information and withheld one email about monitoring systems related to suspicious email as well as IP addresses.
• Under both MPIA GP §4-301(1), which requires a custodian to deny inspection of a record if by law the record is privileged or confidential, and MPIA GP § 4-344, which allows a custodian to deny inspection of confidential opinions, deliberations, advice or recommendations from one governmental employee or official to another for the purpose of assisting the latter in the decision-making function, we have made redactions where information constitutes attorney-client communications/work product or deliberations regarding legal matters, and thus are subject to non-disclosure.
• Additional redactions contained within these records are for non-responsive content unrelated to the transaction of HCPSS business such as personal threats shared by Board members.

On February 21, 2020, we provided memorandums sent to the Board from Dr. Martirano for the initial timeframe. Exemptions found within these records included:

• Under MPIA GP § 4-311, which prevents disclosure of personnel records of an individual, we have redacted information relating to hiring, discipline, promotion, dismissal, or any other matter involving an employee’s status.
• Under the Family Educational Rights and Privacy Act of 1974 (FERPA), which restricts access to student records, and MPIA GP § 4-313, which prevents disclosure of school district records pertaining to individual students, we have redacted information that could reveal individual student information from the responsive records.
• Under MPIA GP § 4-344, which allows a custodian to deny inspection of 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, we have redacted pre-decisional portions supplied as inter/intra-agency memorandum related to the November 12, 2019, memo regarding Old Cedar Lane – Ascend One Property Transaction. Redactions included under this provision also fall under MPIA GP § 4-349 which allows a custodian to withhold information related to the valuation of property.

On March 6, 2020, we provided the second batch of emails meeting the above parameters and falling between November 27, 2020 and December 13, 2020. Exemptions found within these records included:

• Under MPIA GP § 4-311, which prevents disclosure of personnel records of an individual, we have redacted information relating to hiring, discipline, promotion, dismissal, or any other matter involving an employee’s status, including withholding one email attachment in its entirety.
• Under the Family Educational Rights and Privacy Act of 1974 (FERPA), which restricts access to student records, and MPIA GP § 4-313, which prevents disclosure of school district records pertaining to individual students, we have redacted information that could reveal individual student information from the responsive records.
• Under both MPIA GP §4-301(1), which requires a custodian to deny inspection of a record if by law the record is privileged or confidential, and MPIA GP § 4-344, which allows a custodian to deny inspection of confidential opinions, deliberations, advice or recommendations from one governmental employee or official to another for the purpose of assisting the latter in the decision-making function, we have made redactions where information constitutes attorney-client communications/work product or deliberations regarding legal matters, and thus are subject to non-disclosure.
• One redaction is made for information considered confidential by the Howard County Public School System Ethics Regulations (E)(4), whose establishment is required in accordance with GP § 5-816. MPIA GP § 4-301(a)(2)(i) requires an agency to deny inspection of any part of a public record that would be contrary to State statute, and it is advised in the Fourteenth Edition of the Maryland Public Information Act Manual created by Maryland’s Office of the Attorney General, that “a confidentiality provision in a local ordinance that is derived from a State statute can be a basis for denying access to records.”
• Additional redactions contained within these records are for non-responsive content unrelated to the transaction of HCPSS business such as personal matters/scheduling issues shared.

On March 13, 2020, we provided memorandums sent to the Board from Dr. Martirano between November 27, 2019 and December 13, 2019. Exemptions found within these records included:

• Under MPIA GP § 4-311, which prevents disclosure of personnel records of an individual, we have redacted information relating to hiring, discipline, promotion, dismissal, or any other matter involving an employee’s status.
• Under the Family Educational Rights and Privacy Act of 1974 (FERPA), which restricts access to student records, and MPIA GP § 4-313, which prevents disclosure of school district records pertaining to individual students, we have redacted information that could reveal individual student information from the responsive records.

On April 2, 2020, we provide messages outside email and memorandums collected between Board members and/or Dr. Martirano for all timeframes. Exemptions found within these records include:

• Under MPIA GP § 4-330, we have redacted sociological information where it contains personal phone numbers, addresses or has the potential to pose a risk to individual safety or privacy.
• Additional redactions contained within these records are for non-responsive content unrelated to the transaction of HCPSS business such as personal matters, threats, etc. shared.

Additionally, we have previously released messages between Board members under MPIA 2020-217 specific to November 18, 2019.

We also included in our April 2, 2020, response memorandums sent to the Board from Dr. Martirano between October 25, 2019 and November 7, 2019. Exemptions found within these records included:

• Under MPIA GP § 4-311, which prevents disclosure of personnel records of an individual, we have redacted information relating to hiring, discipline, promotion, dismissal, or any other matter involving an employee’s status.
• Under the Family Educational Rights and Privacy Act of 1974 (FERPA), which restricts access to student records, and MPIA GP § 4-313, which prevents disclosure of school district records pertaining to individual students, we have redacted information that could reveal individual student information from the responsive records.
• Under MPIA GP §4-301(a)(1), which requires a custodian to deny inspection of a record if by law the record is privileged or confidential, MPIA GP §4-301 (a)(2)(iii) where inspection would be contrary to rules adopted by the Court of Appeals, and MPIA GP § 4-344, which allows a custodian to deny inspection of confidential opinions, deliberations, advice or recommendations from one governmental employee or official to another for the purpose of assisting the latter in the decision-making function, we have made redactions within the November 6, 2019, memorandum regarding cases brought by the NAACP where information constitutes attorney-work product or confidential attorney settlement negotiations, and thus are subject to non-disclosure. This includes withholding all attachments. This particular record also contains confidential information under the personnel and student exemptions outlined above.
• Under MPIA GP § 4-329 (b), which prevents disclosure of medical or psychological information about an individual person, we have redacted references to individual medical information.

On April 24, 2020, we provide all remaining email content (per discussion to exclude attachments) meeting the above parameters after October 25, 2020. Exemptions found within these records included:

• Under both MPIA GP §4-301(1), which requires a custodian to deny inspection of a record if by law the record is privileged or confidential, and MPIA GP § 4-344, which allows a custodian to deny inspection of confidential opinions, deliberations, advice or recommendations from one governmental employee or official to another for the purpose of assisting the latter in the decision-making function, we have made redactions where information constitutes attorney-client communications/work product or deliberations regarding legal matters, and thus are subject to non-disclosure.
• Under MPIA GP § 4-330, we have redacted sociological information where it contains personal phone numbers, addresses or has the potential to pose a risk to individual safety or privacy.
• Under the Family Educational Rights and Privacy Act of 1974 (FERPA), which restricts access to student records, and MPIA GP § 4-313, which prevents disclosure of school district records pertaining to individual students, we have redacted information that could reveal individual student information from the responsive records. This includes, as HCPSS follows the Maryland State Department of Education and the National Center for Education Statistics’ guidelines for protecting student privacy in public reporting, suppression of the following from responsive records: populations that fall below 10; percentages that are less than or equal to 5, or greater than or equal to 95; categories directly related to specific student records; and/or information that can reasonably identify an individual student or reveals information from an individual student’s record or could do so when combined with other publicly accessible data.
• Under MPIA GP § 4-311, which prevents disclosure of personnel records of an individual, we have redacted information relating to hiring, discipline, promotion, dismissal, or any other matter involving an employee’s status.
• Additional redactions contained within these records are for non-responsive content unrelated to a connection with the transaction of HCPSS business such as personal photos and personal threats shared by Board members.

Please note, a November 1, 2019, email found on page 80 requires additional review to determine potential exemptions under the MPIA. We have provided here the subject line for reference, however the remaining content would need research to determine whether the particular student-related issue reveals exempt information under the MPIA, requiring additional time to prepare for release.