Maryland Public Information Act Request
| Submitted | June 16, 2023 |
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Communications
From: M. W.
To Whom It May Concern:
Pursuant to the Maryland Public Information Act, I hereby request the following records:
Under the Maryland Public Information Act, I am requesting the employment contract for Manuel Navarro-Montero for school year 2022-2023.
Employee was arrested for alleged sex offense that occurred between a female student at Meade High School.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 calendar days, as the statute requires.
Sincerely,
M. W.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Maryland Public Information Act request, copied below, and originally submitted on June 16, 2023. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Anne Arundel County Public Schools
June 29, 2023
MuckRock News
DEPT MR 147854
263 Huntington Avenue
Boston, MA 02115
Delivered via email to requests@muckrock.com<mailto:requests@muckrock.com>
Dear MuckRock News:
This communication is in response to your request under the Public Information Act, Annotated Code of Maryland, General Provisions Article (GP) §4-101, et seq., seeking "employment contract for Manuel Navarro-Montero for school year 2022-2023."
An employee's contract is part of an employee's personnel record and not disclosable under §4-311. You may find the teacher's contract that all public school teachers in Maryland sign in COMAR 13A.07.02.01<https://casetext.com/regulation/maryland-administrative-code/title-13a-state-board-of-education/subtitle-07-school-personnel/chapter-13a0702-terms-of-employment/section-13a070201-contracts>.
In the event you disagree with any determination regarding this Maryland Public Information Act request, you have the right to seek review or remedy, in accordance with GP §4-1B-01 through §4-1B-04, with Maryland Public Access Ombudsman at PIA.Ombuds@oag.state.md.us<mailto:PIA.Ombuds@oag.state.md.us> and 410-576-6560, or by mail at the Office of the Attorney General, 200 St. Paul Place, Baltimore, MD 21202. Under GP §4-362, you also have the right to file a complaint in Circuit Court requesting a review of this decision.
If you have further questions, please feel free to contact me at 410-222-5312 or by email at piarequest@aacps.org<mailto:piarequest@aacps.org>.
Sincerely,
Bob Mosier
Chief Communications Officer
BM/gpm
From: M. W.
Office of the Ombudsman,
Your assistance is needed in attempt to recover a public record. Anne Arundel Public School have denied a request for an employee contract. According to the Attorney General’s manual, with the citations, this record is considered to be a public record.
The Attorney General Manual stated the following:
The term “public record” explicitly encompasses the salaries paid to public employees, including bonuses and performance awards. GP § 4-101(k)(2); Moberly v. Herboldsheimer, 276 Md. 211, 225-28 (1975); Opinion of the Attorney General No. 81- 034, at 1-2 (Nov. 23, 1981) (unpublished); 83 Opinions of the Attorney General 192, 192-93 (1998). It also includes an employment contract of a public employee because such a contract evidences how a publicly-funded salary is earned.
From: Anne Arundel County Public Schools
Good morning M. W.,
Thank you for contacting the Office of the Public Access Ombudsman to request the Ombudsman's assistance regarding your PIA dispute with AACPS. Please note that the Ombudsman utilizes confidential and voluntary mediation to try to resolve PIA disputes. By law, the Ombudsman must keep all mediation communications and information confidential, including those made during the initiation of a mediation. For the Ombudsman's process to function effectively, participants need to feel assured that information and communications exchanged during mediation will be kept confidential.
If you wish to request mediation assistance to try to resolve your PIA dispute with AACPS, the Ombudsman asks that you please contact her office directly from your personal or professional email account using her dedicated inbox pia.ombuds@oag.state.md.us<mailto:pia.ombuds@oag.state.md.us>. Due to the Ombudsman's confidentiality obligations, she is unable to engage with you in mediation through MuckRock.com.
For your convenience and reference, please find attached the Ombudsman's Standards of Conduct and confidentiality policy. In case it is of interest or benefit to you, the citations applicable to the Ombudsman are as follows:
1. Md. Code Ann., Cts. & Jud. Proc. (“CJP”) § 3-1801(c) (defining “mediation communication” as “a communication, whether by speech, writing or conduct, made as part of a mediation,” including “a communication made for the purpose of considering, initiating, continuing, reconvening, or evaluating a mediation”); see also COMAR 14.37.01.01B(8) (defining “mediation communication” by cross-reference to CJP § 3-1801(c)).
1. COMAR 14.37.01.01B(10) (defining “mediation information” as “all information made and received as part of the Ombudsman’s mediation process and the decision to participate in mediation, including documentary materials and mediation communications”).
1. “[A] mediator . . . [s]hall maintain the confidentiality of all mediation communications; and . . . [m]ay not disclose or be compelled to disclose mediation communications in any judicial, administrative, or other proceeding.” CJP § 3-1803(a).
If you have any questions, please do not hesitate to contact the Ombudsman directly at pia.ombuds@oag.state.md.us<mailto:pia.ombuds@oag.state.md.us> or 410-576-6560. Thank you, again, for contacting the Office of the Public Access Ombudsman.
Respectfully,
S. Spencer Dove
Administrative Officer
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~WRD3840
From: Anne Arundel County Public Schools
August 29, 2023
MuckRock News
DEPT MR 147854
263 Huntington Avenue
Boston, MA 02115
Delivered via email to requests@muckrock.com<mailto:requests@muckrock.com>
Dear MuckRock News:
This communication is a follow-up response to your request under the Public Information Act, Annotated Code of Maryland, General Provisions Article (GP) §4-101, et seq., seeking "employee contract for Manuel Navarro-Montero for school year 2022-2023."
In our prior response, we stated that an employee's contract is part of an employee's personnel record and not disclosable under §4-311. We informed you that the standard teacher's contract that all public school teachers in Maryland sign in COMAR 13A.07.02.01<https://casetext.com/regulation/maryland-administrative-code/title-13a-state-board-of-education/subtitle-07-school-personnel/chapter-13a0702-terms-of-employment/section-13a070201-contracts>.
After further discussions internally and with the Maryland Public Access Ombudsman, we have determined that the contract is disclosable. As such, please find the in force contract attached to this communication.
In the event you disagree with any determination regarding this Maryland Public Information Act request, you have the right to seek review or remedy, in accordance with GP §4-1B-01 through §4-1B-04, with Maryland Public Access Ombudsman at PIA.Ombuds@oag.state.md.us<mailto:PIA.Ombuds@oag.state.md.us> and 410-576-6560, or by mail at the Office of the Attorney General, 200 St. Paul Place, Baltimore, MD 21202. Under GP §4-362, you also have the right to file a complaint in Circuit Court requesting a review of this decision.
If you have further questions, please feel free to contact me at 410-222-5312 or by email at piarequest@aacps.org<mailto:piarequest@aacps.org>.
Sincerely,
Bob Mosier
Chief Communications Officer
BM/gpm
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