DEPARTMENT OF POLICE J. Thomas Manger Isiah Leggett Chief of Police County Executive September 16, 2015 Courtney Mabeus Cable News Service University of Maryland Dear Ms. Mabeus, I am writing in response to your letter requesting detailed information related to Montgomery County Government Purchase Order #1010776, under the Maryland Public Information Act. Your request was addressed to the Montgomery County Police Department Captain Paul Starks, requesting the following information: I ?invoices, contracts, shipping records, grant applications, non?disclosure agreements, presentations and any other documentary records relating to purchase order #1010776.? Attached you will find a redacted copy of our contract, with the Harris Corporation, and the associated quotation. Although the quotation isn?t a copy of a check relating to purchases of equipment, software and training, the quotation does reveal as much payment information as we are at liberty to reveal to you, about the purchases of equipment, software and training from the Harris Corporation in connection with the subj?eCt Purchase Order. Further, you requested the following records also be provided to you: - All non?disclosure agreements with Harris Corp., Boeing, and other companies as well as local Maryland city, county, state and federal agencies regarding the department's possession, operation and use of cell site simulators/International Mobile Subscriber Identity catchers; - Policies and/or guidelines outlining the department?s use of cell site simulators, including but not limited to use and storage of collected data, training plans and manuals; - Any partner agreements between Montgomery County Police and other state agencies guiding the use of cell site simulator or IMSIcatchers; Public Safety Headquarters - 100 Edison Park Drive ?'Gaithersbur'g, Maryland 20878 - FA ll - Copies of checks relating to purchases for all equipment, software and training from Harris Corp.,- -. Logs, ists,and/or records including but not limited to databases or other details showing when a cellsite simulator/IMSI catcher was used, where, how and by whom, including but not limited to the type of investigation as well as the number of those investigations resulting in prosecutions along with criminal docket numbers, where available; Your request for these additional records is denied. The Montgomery County Police Department is denying your request for access to records that might provide answers to the requests posed above, for two reasons: - The ?rst ground upon which your request for these records is being denied is that they contain information about'Harris Corporation equipment that is confidential, sensitive information pertinent to matters of national security. Because information about Harris Corporation equipment is sensitive, con?dential information that relates to sensitive national security matters, the records containing this information are protected from disclosure under the doctrine of executive privilege. Section 4?301 of the General Provisions Article of the Maryland Annotated Code (2014), a provision of the Maryland Public Information Act, states: custodian shall deny inspection of a public record or any part of a public record if (1) by law, the public record is privileged or con?dential,? The Maryland Court of Appeals has recognized, as part of the common law of Maryland, the doctrine of executive privilege. - The second ground on which your request for access to records that might provide answers to the two questions referenced above is being denied, is that the revelation of these records will reveal investigative techniques and procedures employed by the Montgomery County Police in the course of protecting the public from criminal conduct. The revelation of such investigative techniques and procedures will jeopardize future law enforcement proceedings. Section 4-35 1' of the General Provisions Article of the Maryland Code, another provision of the MPIA, provides that a custodian may deny inspection of records of investigations conducted by a police department. Among the investigative records whose disclosure may be denied under Section 4-351 of the General Provisions Article, are records that ?disclosure an investigative technique or procedure?. You also requested: . ?State and/or federal court applications for search warrants/court orders allowing use of cell site simulators/IMSI catcher in criminal investigations, including all denials. Please include docket number and date for sealed responsive records associated with warrant applications. A Any MCPD investigation related to the theme of your request is supported by the requisite State or Federal Court Order. These Orders however, are sealed upon their issuance and as such any records aSsociated with their content, including applications, cannot be released. We are in the process of gathering the records available regarding the docket number and date for these sealed orders and will provide that information to you under separate cover. Due to the effort necessary to collect, verify and review these records an additional 30, days will be required before I am able to provide them for your review. Page 2 of 3 You have the right, under 10?623 of the State Government Article of the Maryland Code (a provision of the Maryland PIA), to seek judicial review of this denial 0f your Maryland Public Information Act application by ?ling a Complaint in either the Circuit Court for Montgomery County, Maryland, or in the Circuit Court of the Maryland county in which you reside. Sincerely, I Deborah A. Whims Deputy Director, Records Enclosure Page 3 of 3