HARRY HUGHES, Governor

1369

(III) FOR NONCOMPLIANCE WITH THE ORDER, PUNISH
THE RESPONSIBLE EMPLOYEE FOR CONTEMPT.

(D)  DAMAGES.

(1)  A DEFENDANT GOVERNMENTAL UNIT IS LIABLE TO THE
COMPLAINANT FOR ACTUAL DAMAGES AND ANY PUNITIVE DAMAGES THAT THE
COURT CONSIDERS APPROPRIATE IF THE COURT FINDS THAT ANY DEFENDANT
KNOWINGLY AND WILLFULLY FAILED TO DISCLOSE OR FULLY TO DISCLOSE A
PUBLIC RECORD THAT THE COMPLAINANT WAS ENTITLED TO INSPECT UNDER
THIS PART III OF THIS SUBTITLE.

(2)  AN OFFICIAL CUSTODIAN IS LIABLE FOR ACTUAL
DAMAGES AND ANY PUNITIVE DAMAGES THAT THE COURT CONSIDERS
APPROPRIATE IF THE COURT FINDS THAT, AFTER TEMPORARILY DENYING
INSPECTION OF A PUBLIC RECORD, THE OFFICIAL CUSTODIAN FAILED TO
PETITION A COURT FOR AN ORDER TO CONTINUE THE DENIAL.

(E)  DISCIPLINARY ACTION.

(1)  WHENEVER THE COURT ORDERS THE PRODUCTION OF A
PUBLIC RECORD THAT WAS WITHHELD FROM THE APPLICANT AND, IN
ADDITION, FINDS THAT THE CUSTODIAN ACTED ARBITRARILY OR
CAPRICIOUSLY IN WITHHOLDING THE PUBLIC RECORD, THE COURT SHALL
SEND A CERTIFIED COPY OF ITS FINDING TO THE APPOINTING AUTHORITY
OF THE CUSTODIAN.

(2)  ON RECEIPT OF THE STATEMENT OF THE COURT AND
AFTER AN APPROPRIATE INVESTIGATION, THE APPOINTING AUTHORITY
SHALL TAKE THE DISCIPLINARY ACTION THAT THE CIRCUMSTANCES
WARRANT.

(F)  COSTS.

IF THE COURT DETERMINES THAT THE COMPLAINANT HAS
SUBSTANTIALLY PREVAILED, THE COURT MAY ASSESS AGAINST A DEFENDANT
GOVERNMENTAL UNIT REASONABLE COUNSEL FEES AND OTHER LITIGATION
COSTS THAT THE COMPLAINANT REASONABLY INCURRED.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Art. 76A, §
5(b) and (c) and the second sentence of § 3(e).

In the introductory language of subsection (a) of this
section, the defined term "public record" is
substituted for the former phrase "record covered by
this article", for clarity. For conformity,
throughout the rest of this section, the term "public
record[s]" is substituted for the former references to
"records".

In subsection (d) of this section, the former
reference "knew or should have known" is deleted in
light of the reference "knowingly and willfully".