SINCLAIR BROADCAST GROUP, INC.

* IN THE

Plaintiff * CIRCUIT COURT

v. * FOR

BALTIMORE CITY BOARD OF * BALTIMORE CITY

SCHOOL COMMISSIONERS
*
Defendant Case No. 24-C-17-006516
*

* * * * * * * * * *
BCBSC’s ANSWER TO COMPLAINT

Defendant, the Baltimore City Board of School Commissioners (“BCBSC”), by

and through its undersigned counsel, and pursuant to Md. Code Ann. Gen. Prov. §

4-362(b) Md. Rule 7-204(a), herein files this answer to the Complaint filed by

Plaintiff Sinclair Broadcast Group, Inc. (“Plaintiff”) and says:

I. RESPONSES:

Pursuant to Md. Code Ann. Gen. Prov. § 4-362(b) Md. Rule 7-204(a),

BCBSC responds that it intends to participate in this judicial review proceeding and

specifically responds to the paragraphs in the Complaint with like numbered

paragraphs and states as follows:

1. BCBSC does not have sufficient information to confirm or deny this

allegation.

2. Admitted that BCBSC’s principal office is located at 200 E. North

Avenue, Baltimore, Maryland 21202.

3. Admitted.

4. Admitted.
 5. Admitted.

6. BCBSC does not have sufficient information to confirm or deny this

allegation.

7. Admitted that Fox45 is engaged in a television campaign against

Baltimore City Public Schools in a series it has titled “Project Baltimore.”

8. Admitted that Chris Papst appeared during broadcasts of “Project

Baltimore,” including as to the filing of the case sub judice.

9. Denied.

10. BCBSC does not have sufficient information to confirm or deny this

allegation.

11. Admitted that on September 5, 2017, Chris Papst sent an email to

media@bcps.k12.md.us entitled “Fox45 MPIA,” wherein he stated the following:

Under the Maryland Public Information Act, Fox45 in Baltimore, MD

is requesting any and all documentation collected or created by
Baltimore City Public Schools concerning grade changing
reports/allegations/investigations made since 2010. In this request, we
are seeking – for example – the initial claim, response to that claim,
paperwork/documents gathered via the investigation, and any result or
follow up information related to that claim. Please include any
pending claims/claims not yet resolved.

Please include all record layouts, code sheets and any other
information needed to interpret the data. I ask that a copy of the date
be exported into a .txt or .csv file. We’re happy to discuss any
additional formats. As a member of the media, I ask that you waive
fees, if any, as this information will be used to better inform the public.
If there will be any fees charged, please let me know before you fill my
request. I ask that you include a detailed invoice including the
employee(s) who will be filling the request. If you deny any part of
this request, please cite each specific reason and state statute that you
think justifies your refusal to release the information. If you are

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 refusing to release certain data fields, please provide the public data
and provide a reasoning for exempting specific fields…

See Plaintiff’s Exhibit 1.

12. Admitted that BCBSC timely denied the September 5, 2017 request on

October 5, 2017; and in said denial, BCBSC explicitly identified the grounds for its

denial. The grounds of BCBSC’s denial are supported by the memorandum filed by

BCBSC pursuant to Md. Code Ann., Gen. Prov. § 4-362 (b)(2)(ii) even herewith.

13. Admitted.

14. Admitted that BCBSC provide the legal grounds for the denial of the

September 5, 2017 as had been requested in said request.

15. Admitted that on November 10, 2017, Christopher Papst submitted an

email to Edie House-Foster, entitled “Fox45 MPIA Request” wherein he stated the

following:

Under the Maryland Public Information Act, Fox45 in

Baltimore, MD, is requesting any and all documentation collected or
created by Baltimore City Public Schools concerning the 2017
investigation into allegations of grade changing at Northwood Appold
Community Academy II, or NACA II. In this request, we are seeking
the complete report in its entirety. We understand, and appreciate,
the report may need redacted to exclude names of teachers,
investigators, administrators, students or any other personnel involved
in the internal investigation.

Please include all record layouts, code sheets and any other
information needed to interpret the data. I ask that a copy of the date
be exported into a .txt or .csv file. We’re happy to discuss any
additional formats. As a member of the media, I ask that you waive
fees, if any, as this information will be used to better inform the public.
If there will be any fees charged, please let me know before you fill my
request. I ask that you include a detailed invoice including the
employee(s) who will be filling the request. If you deny any part of
this request, please cite each specific reason and state statute that you

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 think justifies your refusal to release the information. If you are
refusing to release certain data fields, please provide the public data
and provide a reasoning for exempting specific fields…

See Plaintiff’s Exhibit 3.

16. Admitted that the November 10, 2017 request asked for specific

information relating to a specific school and a specific investigation.

17. Admitted that BCBSC timely denied the November 10, 2017 request

on November 28, 2017; and in said denial, BCBSC explicitly identified the grounds

for its denial. The grounds of BCBSC’s denial are supported by the memorandum

filed by BCBSC pursuant to Md. Code Ann., Gen. Prov. § 4-362 (b)(2)(ii) even

herewith.

18. Admitted that BCBSC provided the same and/or similar legal support

and grounds in its denial of both the above-referenced MPIA requests.

19. Admitted that BCBSC has not disclosed information and/or records

that are not subject to disclosure pursuant to the Maryland Public Information Act.

The grounds of BCBSC’s denial are supported by the memorandum filed by BCBSC

pursuant to Md. Code Ann., Gen. Prov. § 4-362 (b)(2)(ii) even herewith.

20. No response to this allegation is required.

21. Admitted that a request for records have been made by Plaintiff.

22. Admitted that the records requested are defined as “public records” in

Md. Code Ann., Gen. Prov. § 4-101(j)

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 23. Denied. The grounds of BCBSC’s denial are supported by the

memorandum filed by BCBSC pursuant to Md. Code Ann., Gen. Prov. § 4-362

(b)(2)(ii) even herewith.

24. Denied. The grounds of BCBSC’s denial are supported by the

memorandum filed by BCBSC pursuant to Md. Code Ann., Gen. Prov. § 4-362

(b)(2)(ii) even herewith.

II. RESPONSE MEMORANDUM:

The grounds of BCBSC’s denial are supported by the memorandum filed even

herewith by BCBSC pursuant to Md. Code Ann., Gen. Prov. § 4-362 (b)(2)(ii).

Respectfully submitted,

Tamal A. Banton ____

Tamal A. Banton, Senior Counsel
Sally A. Robinson, Senior Counsel
Amanda L. Costley, Associate Counsel
Office of Legal Counsel
Baltimore City Public Schools
200 East North Avenue, Suite 208
Baltimore, Maryland 21202
(443) 642-4256 telephone
(410) 396-2955 facsimile
tabanton@bcps.k12.md.us
alcostley@bcps.k12.md.us
Attorneys for BCBSC

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 CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this 22nd day of January 2018, the foregoing

BCBSC’s Answer to Complaint for Judicial Review was sent first-class postage

prepaid to:

Scott H. Marder, Esquire

Thomas & Libowitz, P.A.
100 Light Street, Suite 1100
Baltimore, Maryland 21202-1053
shmarder@tandllaw.com
Attorneys for Plaintiff

Tamal A. Banton ____

Tamal A. Banton

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