Note: Over a period of several weeks I contacted the helpline at the Maryland State Retirement Agency seeking information on how the Agency defined “extraordinary salary increase” under Maryland statute. The lower level staff didn’t appear able to help me, so eventually out of frustration I asked to speak the source of the staff’s information, which was Robin McClelland. The result was a Public Information Act request, the response to which was that all the Agency’s information implementing this statute was confidential information that couldn’t be disclosed to the public in response to a Public Information Act request.
This secrecy was consistent with the agency’s refusal to provide any individual-level pension data when I had made this much broader request about a decade earlier.
From: Michael Golden <mgolden@sra.state.md.us>
Sent: Wednesday, September 5, 2018 10:29 AM
To: ‘J.H. Snider’
Subject: Public Information Act Request
Dear Mr. Snider,
The Maryland State Retirement Agency (the “Agency”) has received your email dated August 29, 2018 concerning extraordinary salary increases and in which you requested the following documents:
- Written petitions by members to the Board of Trustees.
- The Board of Trustees’ preliminary report that identifies for the preceding month each member who received an extraordinary salary increase.
- The Executive Director’s proposed changes to the Preliminary Report.
- The Board of Trustees’ summary report that reflects approved changes to the Preliminary Report.
The Agency will respond to your request in accordance with the Public Information Act, Annotated Code of Maryland, General Provisions (“GP”) Article § 4-101, et seq., available at http://www.marylandattorneygeneral.gov/OpenGov%20Documents/Appendix_E.pdf, and the Code of Maryland Regulations 22.01.02, available at http://www.dsd.state.md.us/comar/SubtitleSearch.aspx?search=22.01.02. The Agency must deny your request, as inspection of an individual’s retirement records is prohibited under the Public Information Act. See § 4-312(a). While there are certain exceptions to this requirement, see GP § 4-312(b), your request does not fit within any provision allowing for release of such information.
As this constitutes a denial of your request, you are entitled to seek judicial review of the Agency’s decision. See GP § 4-362. You may also refer any concerns about the Agency’s decision to the Public Access Ombudsman pursuant to GP § 4-1B-01 et seq.
Sincerely,
Michael D. Golden
Director of External Affairs
Maryland State Retirement and Pension System
120 East Baltimore Street | Baltimore, MD | 21202-6700
Tel: 410-625-5603 | 1-800-492-5909 | TDD/TTY 410-625-5535
sra.maryland.gov
From: ‘J.H. Snider’
Sent: Wednesday, August 29, 2018 4:21 PM
To: ‘rmcclelland@sra.state.md.us’ <rmcclelland@sra.state.md.us>
Subject: the definition of “extraordinary salary increase”
Hi Robin—
Thank you for your offer to answer my questions concerning the definition of “extraordinary salary increase,” which is not defined in Maryland statute §20-205. As we discussed, to find out how that definition has been implemented, I am seeking the following four types of documents:
- Written petitions by members to the Board of Trustees.
- The Board of Trustees’ preliminary report that identifies for the preceding month each member who received an extraordinary salary increase.
- The Executive Director’s proposed changes to the Preliminary Report.
- The Board of Trustees’ summary report that reflects approved changes to the Preliminary Report.
You said that you had no idea whether these were public documents, so I should write to you and you’d find out for me.
If I don’t hear back from you, I’ll give you a call early next week.
Sincerely,
–J.H. Snider