Left Navigation

M-NCPPC Refuses to Provide Public Documents

Maryland's Public Information Act requires government agencies to provide public access to their records. M-NCPPC has chosen not to abide by the Act, despite its civil and criminal penalties.

In early 2008, the volunteer advocate for the Farm Road property owners was asked by Baltimore Sun Newspaper reporter, James Drew, to respond to written statements allegedly made by M-NCPPC's General Counsel, Adrian Gardner. The alleged statements related to M-NCPPC's refusal to issue or restore deleted addresses to Farm Road property owners. The advocate's written responses and related attachments to the email request for public information are linked below.

The email was copied to all County Council members and the receipt of the email was confirmed. Despite the state law requirement that (i) all such requests for public information should be responded to within 30 days, and; (ii) provides for criminal penalties for failure to comply with the Public Information Act, M-NCPPC has refused to provide a complete response since 2008.

M-NCPPC did send a two page response that puported to include hundreds of pages of data. The response stated that the Commission does not maintain a log of staff who has made entries in the address book. In other words, there is no way to know who deleted the Farm Road addresses from the Commission's records.

 

Cover email from advocate S. Kanstoroom to M-NCPPC General Counsel Adrian Gardner.

Related 1/10/2008 Public Information Act Request

Attached Color Map

Adrian Gardner's alleged statements provided to the Baltimore Sun and Steve Kanstoroom's written responses with attached Affidavit of Legislative Aide to Councilmember Marc Elrich.

M-NCPPC response to 1/10/2008 Public Information Act Request - did not include (i) attachments as noted, (ii) any written rules or regulations regarding address issuance, or; full size copy of the color map as requested.

 

On January 20, 2010, the advocate for the Farm Road Property owners submitted a second PIA request. It requested (i) any documents that evidenced the purported conservation easement that M-NCPPC claims exists over the right-of-way to five Farm Road properties, and which M-NCPPC uses to argue access to five Farm Road properties cannot be recognized, and; (ii) documents that were sent to or received from the Maryland Department of Planning [that resulted in Farm Road being removed from the State Property Map].

2010 PIA - Cover email and related PIA request.

At the time the PIA request was made, SaveSandySpring had already received copies of emails between MNCPPC and the Maryland Department of Planning ("MDP"), thus they clearly existed within the Commission's records. The emails were the subject of WUSA TV reports on “backroom dealing” that resulted in Farm Road being wiped off the map a second time, only days after MDP had put Farm Road back on the. Regardless, M-NCPPC has never responded to the 2010 PIA request.

On May 21, 2013, Montgomery County Councilmember Marc Elrich sent the Commission a letter requesting it respond to the PIA requests.

 

052513 112900

news

Recent Site Updates
















Related News:

10/06/11 Consent Order re layperson signing off on projects as Engineer

06/05/07 Planning Board trying to dissuade attorney general investigation

05/31/07 Probe Sought Of County's Planning Department

05/31/07 Officials, critics decry lack of oversight of Park and Planning Commission

05/30/07 Man claiming to be Engineer signs off on projects

01/31/07 Montgomery planners have a problem with false submissions on developments

01/12/07 Acting Planing Board Director States Agency Need Not Act When it Learns of False and Misleading Plans

 



SaveSandySpring.org is not affiliated in any way with any government agency. This site is intended to help victims receive equal treatment under the law and obtain justice in the event they are mistreated.
SaveSandySpring.org is an informational site run by volunteer advocates for some of the most vulnerable people in our society - people at risk of wrongly losing their greatest tangible asset - their family property. Neither SaveSandySpring.org nor the author makes any guarantees concerning the accuracy of the information on this website and assumes no responsibility for any misstatements or factual or legal errors. This website provides no legal advice or representation and should be tested and supplemented by other information. Consult a lawyer for legal advice about your specific problem.

Copyright 2007-2013 SaveSandySpring.org