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Ch. 3 2002 LAWS OF MARYLAND
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(iii) be expedited in every way.
(2) The court may examine the public record in camera to determine
whether any part of it may be withheld under this Part III of this subtitle.
(3) The court may:
(i) enjoin the State, a political subdivision, or a unit, official, or
employee of the State or of a political subdivision from withholding the public record;
(ii) pass an order for the production of the public record that was
withheld from the complainant; and
(iii) for noncompliance with the order, punish the responsible
employee for contempt.
(d) (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) (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) 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.
SECTION 2. AND BE IT FURTHER ENACTED, That, on or before December 1,
2007, the Office of the Attorney General shall review the changes made to § 10-618 of
the State Government Article by this Act and shall submit a report to the Governor
and to the General Assembly, in accordance with § 2-1246 of the State Government
Article, on the continued necessity of this Act and any recommendations for changing
or modifying this Act.
SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act is an
emergency measure, is necessary for the immediate preservation of the public health
or safety, has been passed by a yea and nay vote supported by three-fifths of all the
members elected to each of the two Houses of the General Assembly, and shall take
effect from the date it is enacted.
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