ADKINS, J.
We are called upon to decide whether an official custodian of records violates Maryland's Public Information Act ("PIA") by directing an applicant to resubmit document requests to the actual custodians within individual departments of the official's agency. Appellant Robert Lamont Ireland, an inmate at the North Branch Correctional Institution ("NBCI"), submitted a request under the PIA to the office of Warden John Rowley. Upon receipt of this request, Rowley directed Ireland to request records from the individual departments rather than the warden himself. Ireland filed a complaint alleging that Rowley violated his duties as the custodian of records for the NBCI under the PIA and seeking damages. The Circuit Court dismissed this complaint and Ireland timely appealed. On our own initiative, we issued a writ of certiorari to consider the following question:
We hold that the warden's decision to direct an applicant requesting public records to make a second request to a department within his agency constitutes an improper denial under the provisions of the PIA.
On November 10, 2008, inmate Ireland sent a letter to Warden Rowley
Eleven days after Ireland sent his letter to Rowley, the warden's secretary, Brenda Marvin, issued a response letter, directing Ireland to make separate requests to each department:
Approximately another month and a half passed following Marvin's letter, and Ireland still had yet to receive any documents from the Warden's Office.
Rowley's failure to produce the requested documents prompted Ireland to file a pro se complaint in the Circuit Court for Allegany County, alleging that Rowley improperly denied his request under the PIA. Ireland also requested damages, including punitive damages for each denial. Appellee Bobby Shearin, Rowley's successor at NBCI, moved to dismiss Ireland's complaint. Shearin argued that Rowley had not withheld disclosure in violation of the PIA and could not have denied Ireland's request because the requested documents were not maintained by the Warden's Office, but rather were housed in other NBCI departments. The Circuit Court granted Shearin's motion without opinion, and Ireland filed a timely notice of appeal in the Court of Special Appeals. Before argument in that Court, we issued a sua sponte writ of certiorari to hear the case.
In reviewing a trial court's dismissal, the appellate court must presume the truth of all well-pleaded facts and any reasonable inferences deriving from them. See Fioretti v. Md. State Bd. of Dental Exam'rs, 351 Md. 66, 72, 716 A.2d 258, 261 (1998). Proper review requires a determination of whether the trial court was legally correct. See Nesbit v. Gov't Employees Ins. Co., 382 Md. 65, 72, 854 A.2d 879, 883 (2004). As such, we review the trial court's legal conclusions de novo. See Id.
Shearin argues that Ireland's case is moot because the Division of Correction has since permitted Ireland to inspect all requested documents, except those exempt from disclosure by law. Shearin contends that, because Ireland no longer suffers from a lack of access, any discussion of an improper denial is fruitless.
Here, we do not see how this case can be moot when Ireland maintains the right to challenge the adequacy of this later production (although not part of this appeal) and claims damages under SG Sections 10-623(d)(1)
Maryland's PIA states that a "custodian shall permit a person . . . to inspect any public record
The PIA permits applicants to broadly seek judicial review whenever they are denied inspection of a public record by filing a complaint in the appropriate circuit court jurisdiction. See SG § 10-623(a). We have reiterated on numerous occasions that the PIA reflects the need for wide-ranging access to public records, and therefore, the statute should be construed in favor of disclosure for the benefit of the requesting party. See, e.g., Hammen v. Balt. County Police Dep't, 373 Md. 440, 457, 818 A.2d 1125, 1135 (2003) ("[T]he provisions of the [PIA] reflect the legislative intent that citizens of the State of Maryland be accorded wide-ranging access to public information concerning the operation of their government.") (emphasis in original); Kirwan v. The Diamondback, 352 Md. 74, 81, 721 A.2d 196, 199 (1998) (same); Fioretti, 351 Md. at 73, 716 A.2d at 262 (same); A.S. Abell Pub. Co. v. Mezzanote, 297 Md. 26, 32, 464 A.2d 1068, 1071 (1983) (same).
The PIA defines a "custodian" as someone who is the "official custodian" or "any other authorized individual who has physical custody and control of a public record." SG § 10-611(c). The "official custodian" is an "officer or employee of the State or of a political subdivision who, whether or not the officer or employee has physical custody and control of a public record, is responsible for keeping the public record." SG § 10-611(d). Here, Rowley served as warden of NBCI at the time of Ireland's request. The term "warden" falls within the definition of "managing official" in the Correctional Services Article. See Md.Code (1999, 2008 Repl.Vol.), § 1-101(k) of the Correctional Services ("CS") Article (defining "Managing official" as the "administrator, director, warden, superintendent, sheriff, or other individual responsible for the management of a correctional facility.") (emphasis added). It follows, then, that as the individual responsible for managing NBCI, and therefore maintaining records at the institution, Rowley qualified as the official custodian of records under the PIA.
As the official custodian of records, Rowley incurred the same duties and responsibilities as a physical custodian of records under the PIA. The PIA requires an applicant to submit a written application to "the custodian[,]" § 10-614(a)(1); it does not limit requests only to the physical custodian. Similarly, the definition of a custodian does not differentiate between "physical custodian" and "official custodian." See SG § 10-611(c). Therefore, under the Act, Rowley's status as the official custodian of records does not alter his burden to respond to information requests of the individual departments of NBCI.
Nonetheless, Shearin maintains that Rowley did not withhold information because he merely redirected Ireland to more appropriate custodians as required under Section 10-614(a)(3). See SG § 10-614(a)(3) ("If the individual to whom the application is submitted is not the custodian of the public record . . . the individual shall give the applicant . . . if known: [1] the name of the custodian; and [2] the location or possible location of the public
The legislative intent of the PIA only bolsters our rationale. Like other statutes, the PIA involves a tradeoff in which state and local agencies incur additional expense for the benefit of a private right of access to government records. The "broad remedial purpose" of the Act places a larger burden on state agencies to organize and provide access to information at the request of any individual desirous of such records. The PIA, itself, alludes to this remedial nature when it states: "To carry out the right [of access to government records] . . . this subtitle shall be construed in favor of permitting inspection of a public record, with the least cost and least delay to the person or governmental unit that requests inspection." SG § 10-612(b). If we were to adopt Shearin's logic, a state agency could unduly prolong an applicant's request by continually rerouting the requesting party through each level of bureaucracy. This would not only multiply the cost and delay of the requesting party, but it would also contradict the spirit of disclosure underlying the overall statutory scheme. See, e.g., Hammen, 373 Md. at 456-57, 818 A.2d at 1135 (ordering disclosure of surveillance videotapes prior to administrative hearing because doing otherwise would "thwart the very purpose of the []PIA"). In the context of a PIA request like this one, where the circumstances require that the Court elect to place the heavier burden on either the requesting party or the government custodian of records, the intent of the General Assembly dictates that we choose the latter.
We do caution, however, that this burden does not obligate the custodian of records to gather the requested documents so that they will be available for inspection at a centralized location, especially if doing so would "interfere[] with official business." Cf. SG § 10-613(b) (additional rules necessary to "protect public records and to prevent unnecessary interference with official business"). Rather, the PIA directs each official custodian to "adopt reasonable rules or regulations that . . . govern timely production and inspection of a public record." Accordingly, the Secretary of the Department of Public Safety and Correctional Services has issued the following guidelines:
Md.Code Regs. 12.11.02.06(B)-(C) (2010) (emphasis added). Here, Rowley would have complied with the PIA if he had timely directed his subordinate departments to produce the requested records for inspection rather than directing Ireland to resubmit his request to those entities. Understanding that Ireland was incarcerated, Rowley was also at liberty to mail copies of the requested records at Ireland's expense. See Md.Code Regs. 12.11.02.06(E)(3)(e) (2010) ("If a copy . . . of a public record is mailed or delivered to the applicant, [the official custodian shall charge] for the actual cost of postage or delivery[.]").
We hold that Rowley improperly denied Ireland's PIA request for documents by directing Ireland to other departments within NBCI. In doing so, he violated the PIA's overarching policy of providing access with the least cost and delay to the requesting party. Thus, we remand the case to the Circuit Court to determine, by clear and convincing evidence, whether Rowley "knowingly and willfully failed to disclose a public record that [Ireland] was entitled to inspect" and, if so, to determine the amount of Ireland's damages, if any.