University System v. Baltimore Sun Co.

HARRELL, J., concurs in part and dissents in part.

HARRELL, J.

Although I agree with most of the Majority’s reasoning and conclusions, I respectfully dissent with regard to the Majority’s reasoning that either coach’s income received from a private contract with a third-party, outside of State government, can somehow be so “closely connected,” “intimately connected,” or “related” to the coaches’ employment by the State as to morph into a part of the salary paid by the State. Maj. op. at 104-06, 847 A.2d 441-43. The salary of a public employee is paid by the State. The MPIA simply and clearly distinguishes between salary and income so that the privacy of the non-salary finances of an individual is protected against an unwarranted invasion. Balancing the public’s right of access to the affairs of government against an individual’s right to privacy, articulated in § 10-612, as manifested in the Legislature’s exemption of certain financial information from disclosure under § 10 — 617(f), I conclude that the records of the private business affairs of Coach Friedgen and Coach Williams categorically do not warrant disclosure, let alone in camera examination.

As is customary in matters of statutory interpretation, we begin by reminding ourselves of the pertinent rules of interpretation. “The goal with which we approach the interpretation of a statute or ordinance is to determine the intention of the Legislature enacting it.” County Council of Prince George’s County v. Dutcher, 365 Md. 399, 416, 780 A.2d 1137, 1147 (2001) (citation omitted). It is well settled that

the cardinal rule is to ascertain and effectuate legislative intent. To this end, we begin our inquiry with the words of the statute and, ordinarily, when the words of the statute are clear and unambiguous, according to their commonly *108understood meaning, we end our inquiry there also. Where the statutory language is plain and unambiguous, a court may neither add nor delete language so as to reflect an intent not evidenced in that language, nor may it construe the statute with forced or subtle interpretations that limit or extend its application. Moreover, whenever possible, a statute should be read so that no word, clause, sentence or phrase is rendered superfluous or nugatory.

Id. (citations and formatting omitted) The language of the MPIA statute is clear and unambiguous. The plain language clearly states that “salary” must be disclosed and the parts of public records that contain financial information not relating to salary are excluded from inspection. § 10-617(f)(1). Merriam Webster’s Ninth Collegiate Dictionary 1031 (10th Ed. 1989) defines salary as “fixed compensation paid regularly for services.” As regards the finances of an individual, the General Assembly provided that a custodian deny disclosure of “the part of the record that contains the finances of an individual, including assets, income, liabilities, net worth, bank balances, financial history or activities, or creditworthiness.” § 10-617(f)(2).

By enacting the MPIA, the Legislature expressly chose to exempt from disclosure public records that contain information about the personal finances of an individual, including income, that do not constitute salary paid by the State. The information that the University holds about the contracts between the coaches and third parties is financial information about income from outside sources that is not part of the coaches’ salaries. Moreover, those documents are collected by the University, not as part of any requirement of State Law, but in obeisance to NCAA regulations. The Legislature has not required the inspection of public records that reflect all sources of a State employee’s income — it chose not to do so. I would conclude, therefore, that the records evidencing contracts and agreements providing income to the University’s coaches supplied by third parties, and to which the University is not a party, are financial information other than salary information under § 10-617(f). Thus, those documents and *109the information contained therein are not required to be disclosed pursuant to the MPIA.