FOIA Request: Baltimore City Law Department FOIA logs for years 2017, 2018, 2019

Shawn Breen filed this request with the Baltimore City Law Department of Baltimore, MD.

It is a clone of this request.

Status
Rejected

Communications

From: Shawn Breen


To Whom It May Concern:

Pursuant to the Maryland Public Information Act, I hereby request the following records:

Baltimore City Law Department FOIA logs for years 2017, 2018, 2019 (if any exist for those years).

I would prefer the logs to be provided in the format used by the Baltimore City Law Department.

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,

Shawn Breen

From: Baltimore City Law Department

Mr. Breen,
The Baltimore City Law Department, is in receipt of your request, below, which is governed by the Maryland Public Information Act ("PIA"), Maryland Code, General Provisions Article ("GP"), Sections 4-101 et seq. We will process your request promptly. However, our response may take longer than 10 days, the reasons for which may include the scope of your request, the type and volume of potentially responsive records, and the nature of the search, review, and preparation that is required. In any event, we will respond to your request within 30 days. GP § 4-203.
We will contact you promptly if we need you to further clarify your request, and, if necessary, with the exact fee amount required to finish processing your request. Any fees charged will be based on the actual amount of time beyond 2 hours it will take one or more employees to search for, prepare, review, and reproduce the responsive records, at the prorated individual salaries of the personnel involved.
Sincerely,

[cid:image001.png@01D5F942.1A17E8F0]<http://www.baltimorecity.gov/>
Department of Law
Khadeja Farahmand, L.L.M
Legal Advice & Opinions
Baltimore City Department of Law
100 N. Holliday Street, Suite 101
Baltimore, MD 21202
Khadeja.Farahmand@baltimorecity.gov<mailto:Khadeja.Farahmand@baltimorecity.gov>
Office: (410)396-3257
Fax: (410) 396-3257

From: Baltimore City Law Department

Shawn Breen:
The Baltimore City Law Department is in receipt of your records request. The Maryland Public Information Act ("PIA"), codified in Sections 4-101 et seq. of the General Provisions Article of the Maryland Code governs your request. A request for public information under the PIA must be submitted to the custodian of public records. Md. Code, Gen. Prov., § 4-202(a). Each governmental entity, including each Baltimore City agency, is the custodian of its own records. See Baltimore City Code, Art. 1 § 10-1.

Due to attorney-client privilege the government cannot release the log maintained for Public Information Act requests, which include discussions and notes between the Law Department and City agencies, as this would be a waiver of this privilege. Md. Code, Gen. Prov., §§ 4-343; 4-344; accord A.C. v. Office of the Attorney General, No. 791, Sept. Term, 2016, *28 (February 13, 2018)(unreported)(citing Ehrlich v. Grove, 396 Md. 550, 574-75 (2007) (Lawyers do not lose their status as lawyers simply because they work for the government.). Government lawyers communications with its government clients are privileged. Md. Code, Gen. Prov., § 4-301; Harris v. Baltimore Sun Co., 330 Md. 595 (1993). The Supreme Court of the United States explained in the landmark case of Hickman v. Taylor, 329 U.S. 495, 512 (1947), that "the general policy against invading the privacy of an attorney's course of preparation is so well recognized and so essential to an orderly working of our system of legal procedure" that it is considered of the utmost confidence.

Nothing in this response is intended to indicate that any records sought from City agencies exist or to waive any privileges held by the Mayor and City Council. You may contest this response by filing a complaint in Circuit Court pursuant to PIA Section § 4-362.
Sincerely,

[cid:image001.png@01D6CD7F.7F935130]<https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.baltimorecity.gov%2F&data=02%7C01%7C%7C30cdb7bb0c884a02753f08d850e6da31%7C312cb126c6ae4fc2800d318e679ce6c7%7C0%7C0%7C637348299709101716&sdata=sW1M42iVg4NQG2bFFjuvtdyi%2Fz6FRx8FpMNLVVaSk18%3D&reserved=0>
Department of Law

D'ereka Bolden
Assistant City Solicitor
Advice & Opinions Practice Group
Baltimore City Department of Law

100 N. Holliday Street, Suite 101
Baltimore, MD 21202
dereka.bolden@baltimorecity.gov<mailto:dereka.bolden@baltimorecity.gov>

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