§ 12.214. Confidential character of information related to investigation.
I.
Confidentiality during Investigations:
(a)
No publicity. To the extent permitted by the State Public Information Act, during the investigation of any complaint alleging a violation of sections 12.207 to 12.211 of this subtitle and until matters related to the complaint reach the administrative hearing stage, the records of the Office and of the Commission related to the investigation are confidential.
(b)
Exemptions. The Administrator and members of the Commission shall hold confidential any information that would tend to disclose the identity of the complainant and respondent, except that:
(1)
Information may be released at any time if the complainant and the respondent agree in writing to release the information;
(2)
The identity of the complainant shall be disclosed, upon request, to the respondent;
(3)
The identity of the complainant and respondent may be made public after the parties have been notified that a hearing on their case has been scheduled; or
(4)
The Office may cooperate with Federal and State agencies and shall make available to such agencies its files and investigative data, if permitted or required to do so by State or Federal law or court order.
II.
Violations; Penalty:
(a)
Fine, imprisonment; civil penalty. Any Commissioner or staff member in the Office who is convicted of violating provisions of this section shall be guilty of a misdemeanor and, upon conviction, shall be fined up to $1,000.00 and/or imprisoned for up to 6 months. Alternatively or in addition to and concurrent with all other remedies, the County Solicitor may enforce the provisions of this section using civil penalties pursuant to the provisions of title 24, "Civil Penalties," of the Howard County Code. A violation of this section shall be a Class A offense.
(b)
Removal from office. Any Commissioner who violates the provisions of this section shall be removed from office in accordance with section 903 of the Howard County Charter.
(c)
Discharge of employee. Any staff member who violates the provisions of this section shall be discharged in accordance with the Howard County Code and the Howard County Employee Manual.
(C.B. 2, 1983; C.B. 32, 1985; C.B. 53, 1994; C.B. 4, 2015, § 1)