Kirwan v. The Diamondback

In Kirwan v. The Diamondback, 352 Md. 74, 721 A.2d 196 (1998), the Court of Appeals had occasion to discuss in some detail the Act's personnel records exemption. See id. at 84. The Kirwan case arose when the University of Maryland student newspaper, the Diamondback, filed a public information request to obtain copies of the parking tickets accumulated by Gary Williams, Maryland's basketball coach. Id. at 79. The University of Maryland refused to give the Diamondback access to the records based on section 10-616(i). Id. at 80. In Kirwan, the Court commenced its analysis by stating flatly that "personnel records are exempt from disclosure under 10-616 of the . . . Act." Id. at 82 (Citing section 10-616(a) and (i)). Judge Eldridge, speaking for the Court, then said: The term "personnel record" is not expressly defined in the statute. Nonetheless, the language of subsection (i) discloses what type of documents the Legislature considered to be personnel records. The statute lists three categories of documents which are: (1) an application for employment; (2) performance rating; and (3) scholastic achievement. Although this list was probably not intended to be exhaustive, it does reflect a legislative intent that "personnel records" mean those documents that directly pertain to employment and an employee's ability to perform a job. Whether Coach Williams received parking tickets has little or nothing to do with his employment, his status as an employee, or his ability as a coach. It means only that he was alleged to have parked illegally. Id. at 82-83 . Later in Kirwan, the Court said: As previously discussed, the policy of the Public Information Act is to allow access to public records. Generally, the statute should be interpreted to favor disclosure. In light of this policy, we do not believe that the General Assembly intended that any record identifying an employee would be exempt from disclosure as a personnel record. Instead, the General Assembly likely intended that the term "personnel records" retain its common sense meaning. This is indicated by the list following the prohibition on the release of the personnel records. The release of information regarding parking tickets accumulated by Coach Williams is not within the personnel records exemption contained in the statute. Id. at 84.