Md. Code, General Provisions § 4-311
This is the official text of Md. Code, General Provisions § 4-311, part of Maryland’s Code, General Provisions — contains definitions and provisions of general application across Maryland law.
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§4–311.
Official statutory text
(a) Subject to subsection (b) of this section, a custodian shall deny inspection of a personnel record of an individual, including an application, a performance rating, or scholastic achievement information.
(b) A custodian shall allow inspection by:
(1) the person in interest;
(2) an elected or appointed official who supervises the work of the individual; or
(3) an employee organization described in Title 6 of the Education Article of the portion of the personnel record that contains the individual’s:
(i) home address;
(ii) home telephone number; and
(iii) personal cell phone number.
(c) (1) Except as provided in paragraph (2) of this subsection, the following records are not personnel records for the purposes of this section:
(i) a record relating to an administrative or criminal investigation of misconduct by a police officer, including an internal affairs investigatory record;
(ii) a hearing record;
(iii) a record of positive community feedback that was not solicited by the police officer who is the subject of the feedback; and
(iv) records relating to a disciplinary decision.
(2) A record of a technical infraction is a personnel record for the purposes of this section.
(b) A custodian shall allow inspection by:
(1) the person in interest;
(2) an elected or appointed official who supervises the work of the individual; or
(3) an employee organization described in Title 6 of the Education Article of the portion of the personnel record that contains the individual’s:
(i) home address;
(ii) home telephone number; and
(iii) personal cell phone number.
(c) (1) Except as provided in paragraph (2) of this subsection, the following records are not personnel records for the purposes of this section:
(i) a record relating to an administrative or criminal investigation of misconduct by a police officer, including an internal affairs investigatory record;
(ii) a hearing record;
(iii) a record of positive community feedback that was not solicited by the police officer who is the subject of the feedback; and
(iv) records relating to a disciplinary decision.
(2) A record of a technical infraction is a personnel record for the purposes of this section.
Status: in_force · Read it on the official government site
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