EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0145*
SENATE BILL 145
P3, G2 5lr1379
SB 312/24 – EEE (PRE–FILED)
By: Senator Folden
Requested: October 25, 2024
Introduced and read first time: January 8, 2025
Assigned to: Education, Energy, and the Environment
A BILL ENTITLED
AN ACT concerning 1
Public Information Act – Personnel Records of Elected Officials and Joint 2
Ethics Committee Records 3
FOR the purpose of establishing that certain records of elected officials are not personnel 4
records for the purposes of inspection under the Public Information Act; establishing 5
that certain records of the State Ethics Commission and Joint Committee on 6
Legislative Ethics are available for public inspection under certain circumstances; 7
and generally relating to inspection of records of elected officials. 8
BY repealing and reenacting, without amendments, 9
Article – General Provisions 10
Section 4–101(a) and (l) and 5–101(a) and (u) 11
Annotated Code of Maryland 12
(2019 Replacement Volume and 2024 Supplement) 13
BY repealing and reenacting, with amendments, 14
Article – General Provisions 15
Section 4–311, 5–407, and 5–517 16
Annotated Code of Maryland 17
(2019 Replacement Volume and 2024 Supplement) 18
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
That the Laws of Maryland read as follows: 20
Article – General Provisions 21
4–101. 22
(a) In this title the following words have the meanings indicated. 23
2 SENATE BILL 145
(l) “Technical infraction” means a minor rule violation by an individual solely 1
related to the enforcement of administrative rules that: 2
(1) does not involve an interaction between a member of the public and the 3
individual; 4
(2) does not relate to the individual’s investigative, enforcement, training, 5
supervision, or reporting responsibilities; and 6
(3) is not otherwise a matter of public concern. 7
4–311. 8
(a) Subject to subsection (b) of this section, a custodian shall deny inspection of a 9
personnel record of an individual, including an application, a performance rating, or 10
scholastic achievement information. 11
(b) A custodian shall allow inspection by: 12
(1) the person in interest; 13
(2) an elected or appointed official who supervises the work of the 14
individual; or 15
(3) an employee organization described in Title 6 of the Education Article 16
of the portion of the personnel record that contains the individual’s: 17
(i) home address; 18
(ii) home telephone number; and 19
(iii) personal cell phone number. 20
(c) (1) Except as provided in paragraph (2) of this subsection, the following 21
records are not personnel records for the purposes of this section: 22
(i) 1. a record relating to an administrative or criminal 23
investigation of misconduct by a police officer, including an internal affairs investigatory 24
record; 25
[(ii)] 2. a hearing record; 26
[(iii)] 3. a record of positive community feedback that was not 27
solicited by the police officer who is the subject of the feedback; and 28
[(iv)] 4. records relating to a disciplinary decision; AND 29
SENATE BILL 145 3
(II) A RECORD RELATING TO AN ADMINISTRATIVE OR CRIMINAL 1
INVESTIGATION OF MIS CONDUCT BY AN ELECTE D OFFICIAL OR A PERS ON 2
APPOINTED TO FILL AN ELECTED OFFICE . 3
(2) A record of a technical infraction is a personnel record for the purposes 4
of this section. 5
5–101. 6
(a) In this title the following words have the meanings indicated unless: 7
(1) the context clearly requires a different meaning; or 8
(2) a different definition is adopted for a particular provision. 9
(u) “Joint Ethics Committee” means the Joint Committee on Legislative Ethics. 10
5–407. 11
(a) Notwithstanding any other law, and except as provided in subsections (b) and 12
(c) of this section, after a complaint is filed: 13
(1) the proceedings, meetings, and activities of the Ethics Commission and 14
its employees relating to the complaint are confidential; and 15
(2) information relating to the complaint, including the identity of the 16
complainant and respondent, may not be disclosed by: 17
(i) the Ethics Commission; 18
(ii) the staff of the Ethics Commission; 19
(iii) the complainant; or 20
(iv) the respondent. 21
(b) Except as provided in subsection (c) of this section, the restrictions in 22
subsection (a) of this section apply unless: 23
(1) the matter is referred for prosecution; [or] 24
(2) the Ethics Commission finds a violation of this title; OR 25
(3) THE ETHICS COMMISSION HAS CLOSED THE COMPLAINT OR 26
INVESTIGATION . 27
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(c) (1) The Ethics Commission may release any information if the respondent 1
agrees in writing to the release. 2
(2) On request of the respondent, the Ethics Commission shall disclose the 3
identity of the complainant to the respondent. 4
5–517. 5
(a) Except as provided in subsections (b) and (c) of this section, any matter before 6
the Joint Ethics Committee, including information relating to any complaint, proceeding, 7
or record of the Joint Ethics Committee, shall remain confidential. 8
(b) Public access and inspection of an activity or a record of the Joint Ethics 9
Committee shall be available for: 10
(1) a disclosure or disclaimer of a conflict of interest form filed with the 11
Joint Ethics Committee; 12
(2) a portion of a meeting in which a disclosure or disclaimer form is 13
reviewed by the Joint Ethics Committee; 14
(3) information relating to a complaint, proceeding, or record of the Joint 15
Ethics Committee involving a member of the General Assembly: 16
(I) if consent to public access and inspection is granted by: 17
[(i)] 1. the member involved in the matter; or 18
[(ii)] 2. a three–fourths vote of the full membership of the Joint 19
Ethics Committee, based on criteria established by rule; OR 20
(II) IF THE JOINT ETHICS COMMITTEE HAS CLOSED THE 21
COMPLAINT OR INVESTI GATION THAT IS THE S UBJECT OF THE RECORD ; 22
(4) a rule or broadly applicable opinion issued by the Joint Ethics 23
Committee; or 24
(5) any matter or record that is otherwise available for public access or 25
inspection as specifically authorized under this subtitle. 26
(c) (1) The Joint Ethics Committee shall provide a copy of a complaint alleging 27
a violation of the antiharassment policy and procedures and a notice of the Joint Ethics 28
Committee’s action to the Human Resources Manager of the Department of Legislative 29
Services. 30
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(2) For information received under paragraph (1) of this subsection, the 1
Human Resources Manager shall be subject to the confidentiality restrictions of subsections 2
(a) and (b) of this section. 3
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 4
October 1, 2025. 5