Fioretti v. Maryland State Bd. of Dental Examiners

• Decision Date: 01 September 1998
• Docket Number: No. 16,16
• Citation: 351 Md. 66,716 A.2d 258
• Parties: Loretta V. FIORETTI, R.D.H. v. MARYLAND STATE BOARD OF DENTAL EXAMINERS. ,
• Court: Maryland Court of Appeals

Page 66

351 Md. 66

716 A.2d 258

Loretta V. FIORETTI, R.D.H. v. MARYLAND STATE BOARD OF DENTAL EXAMINERS.

No. 16, Sept. Term, 1998.

Court of Appeals of Maryland.

Aug. 31, 1998.

Christopher I. Moylan and Martin I. Moylan (Christopher I. Moylan and Wright, Meehan & Moylan, on brief), Baltimore, for appellant.

Cynthia G. Peltzman, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen.; Andrew H. Baida, Atty. Gen., on brief), Baltimore, for appellee.

Argued before BELL, C.J., and ELDRIDGE, RODOWSKY, CHASANOW, RAKER, WILNER and CATHELL, JJ.

CATHELL, Judge.

In this case we examine the Maryland Public Information Act and its exemptions from the disclosure of otherwise public documents. Because the Maryland State Board of Dental Examiners failed to demonstrate that documents in its possession relating to its investigation of Loretta V. Fioretti, a dental hygienist, were investigatory files compiled for a law enforcement purpose and, additionally, failed to demonstrate that her inspection of the documents should have been denied to the extent that such disclosure would prejudice the Dental Board's investigation, we shall reverse the trial court's grant of the Motion to Dismiss.

I. Facts and Procedural History

The facts in this case are not in dispute. On April 17, 1997, the Secretary-Treasurer of the Maryland State Board of Dental Examiners (the Board) sent Loretta V. Fioretti, appellant, a letter informing her that the Board, appellee, had reason to believe that on April 16, 1997, appellant "may have performed dental hygiene procedures without on-site supervision by a licensed dentist, as required by the MARYLAND DENTISTRY ACT, MD.CODE. ANN., HEALTH OCC. ("HO") §§ 4-101 to 4-702 (1994)." The letter went on to advise appellant that she should "immediately cease and desist the unsupervised practice of dental hygiene." The letter further stated that,

"subject to the hearing provisions of § 4-318 of this subtitle, the Board may ... reprimand any licensed dental hygienist, place any licensed dental hygienist on probation, or suspend or revoke the license of any licensed dental hygienist, if the ... licensee ... (7)[p]erforms intraoral functions not authorized by statute or the rules and regulations of the Board ... [and] (9)[v]iolates any rule or regulation adopted by the Board."

The letter then informed appellant that the Board's Discipline Review Committee would consider the matter at a meeting to be held on April 23, 1997. ¹ The Board also required appellant to sign, date, and return an "Agreement," which stated that she agreed to "only practice dental hygiene in the State under the supervision of a licensed dentist who is physically on the premises and available for personal consultation while the services are being performed, and only as provided in the Maryland Dentistry Act."

Appellant's counsel wrote a letter dated April 21, 1997, to the Administrator of the Board. This letter sought a copy of the complaint lodged against appellant and other appropriate documents relating to the matter. On April 28, 1997, after receiving no reply to his initial letter, appellant's counsel made a second request to the Board. The Administrator responded in a letter dated May 7, 1997. This letter acknowledged receipt of counsel's April 21 letter, but went on to state that appellant's request was denied as a case under investigation pursuant to the Maryland Public Information Act, Maryland Code (1984, 1995 Repl.Vol., 1997 Supp.), sections 10-611 to 10-630 of the State Government Article (the PIA). ²

Appellant filed a complaint in the Circuit Court for Baltimore City on May 22, 1997, alleging that under sections 10-611 to 10-630 of the PIA, appellant had an absolute right to inspect the Board's files. Appellee filed a Motion to Dismiss on July 10, 1997, in which it argued that it properly denied inspection to appellant because the documents comprised "an investigatory file" under section 10-618(f)(1)(ii) of the PIA and disclosure of the documents would prejudice the Board's pending investigation pursuant to section 10-618(f)(2)(vi). ³ This motion was not supported by affidavit, and we did not find any other form of evidentiary support of the motion in the record. On July 25, 1997, appellant filed a response to appellee's Motion to Dismiss. Without holding a hearing, the circuit court granted appellee's Motion to Dismiss on August 1, 1997. This order was not entered on the docket until August 11, 1997.

On August 19, 1997, appellant filed with the circuit court a Motion for Reconsideration and Request for Hearing. By an order signed on September 12, 1997, and subsequently filed on September 17, 1997, the circuit court denied appellant's motion without a hearing. Appellant timely noted an appeal to the Court of Special Appeals. We issued a Writ of Certiorari before that court heard arguments in the matter.

Appellant presents the following questions for our review:

I. Is a complaint filed with the Maryland State Board of Dental Examiners an investigatory file compiled for law enforcement or prosecution purposes within the meaning of the Public Information Act?

II. Assuming that the Maryland State Board of Dental Examiners is a law enforcement or prosecutorial agency within the meaning of the Public Information Act, is the Board required to make a particularized showing that its records are exempt from disclosure?

II. Standard of Review

In accordance with Maryland Rule 2-322(b)(2), a defendant may seek dismissal of a complaint if it fails "to state a claim upon which relief can be granted." The proper standard for reviewing the grant of a motion to dismiss is whether the trial court was legally correct. Bobo v. State, 346 Md. 706, 709, 697 A.2d 1371, 1373 (1997); Rossaki v. NUS Corp., 116 Md.App. 11, 18, 695 A.2d 203, 207 (1997); Hrehorovich v. Harbor Hosp. Center, Inc., 93 Md.App. 772, 785, 614 A.2d 1021, 1027 (1992) cert. denied, 330 Md. 319, 624 A.2d 490 (1993). In reviewing the grant of a motion to dismiss, we must determine whether the complaint, on its face, discloses a legally sufficient cause of action. Bramble v. Thompson, 264 Md. 518, 520, 287 A.2d 265, 267 (1972). See also Rossaki, 116 Md.App. at 18, 695 A.2d at 207; Lubore v. RPM Assocs., Inc., 109 Md.App. 312, 322, 674 A.2d 547, 552, cert. denied, 343 Md. 565, 683 A.2d 177 (1996); Hrehorovich, 93 Md.App. at 785, 614 A.2d at 1021. An appellate court should presume the truth of all well-pleaded facts in the complaint, along with any reasonable inferences derived therefrom. Bobo, 346 Md. at 708, 697 A.2d at 1372; Bennett Heating & Air Conditioning, Inc. v. NationsBank, 342 Md. 169, 174, 674 A.2d 534, 536 (1996); Morris v. Osmose Wood Preserving, 340 Md. 519, 547, 667 A.2d 624, 630 (1995); Faya v. Almaraz, 329 Md. 435, 443, 620 A.2d 327, 331 (1993); Flaherty v. Weinberg, 303 Md. 116, 136, 492 A.2d 618, 628 (1985).

III. Discussion and Analysis

The Maryland PIA provides that "[a]ll persons are entitled to have access to information about the affairs of government and the official acts of public officials and employees." § 10-612(a). "[U]nless an unwarranted invasion of the privacy of a person in interest would result," the PIA "shall be construed in favor of permitting inspection of a public record." § 10-612(b). A person in interest is defined as "a person ... that is the subject of a public record," § 10-611(e)(1). There is no dispute in the instant case that appellant is or was the subject of the alleged investigation and thus is a person in interest, or that the records at issue are a public record. ⁴ This Court has noted that "the provisions of the Public Information Act 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." A.S. Abell Publishing Co. v. Mezzanote, 297 Md. 26, 32, 464 A.2d 1068, 1071 (1983). Custodians may deny access to records, however, under certain specific statutory exemptions. See §§ 10-615 to 10-619; see also Faulk v. State's Attorney for Harford County, 299 Md. 493, 506-07, 474 A.2d 880, 887(1984) ("[T]he Maryland Public Information Act, like the FOIA,[ ⁵] mandates disclosure of certain records in the possession of certain agencies unless the requested records are within the scope of a statutory exemption.").

One of the PIA's exemptions provides:

(1) Subject to paragraph (2) of this subsection, a custodian may deny inspection of:

(i) records of investigations conducted by the Attorney General, a State's Attorney, a city or county attorney, a police department, or a sheriff;

(ii) an investigatory file compiled for any other law enforcement, judicial, correctional, or prosecution purpose; or

(iii) records that contain intelligence information or security procedures of the Attorney General, a State's Attorney, a city or county attorney, a police department, a local correctional facility, or a sheriff.

(2) A custodian may deny inspection by a person in interest only to the extent that the inspection would:

(i) interfere with a valid and proper law enforcement proceeding;

(ii) deprive another person of a right to a fair trial or an impartial adjudication;

(iii) constitute an unwarranted invasion of personal privacy;

(iv) disclose the identity of a confidential source;

(v) disclose an investigative technique or procedure;

(vi) prejudice an investigation; or

(vii) endanger the life or physical safety of an individual.

§ 10-618(f). Appellee claims its files regarding appellant are exempt from disclosure under section 10-618(f). There is no dispute that the Dental Board is not one of the "enumerated agencies" listed in section 10-618(f)(1)(i). ⁶ Therefore, in addressing appellant's questions, we first must resolve whether the Board demonstrated to the circuit court that the files in appellee's possession relating to appellant's alleged misconduct were "investigatory file[s] compiled for any other law enforcement,...