Note: The following post contains information related to a MPIA that was sent to CleanSlateMoCo. We have redacted the names of all parties involved.
On July 27th 2o22, County Executive Marc Elrich took to twitter to announce that Montgomery County had returned to a “high” COVID-19 Community Level. There was hidden glee in his announcement as this was the first time since shifting to CDC’s new community level metrics that Montgomery County was in the high level, giving him real potential to exercise his power and implement new mask mandates and social distance restrictions.
Thankfully, his tweet was met with investigations by local community members. It didn’t take long for the incongruencies in the county’s published level and the CDC’s published level to be pointed out.
This prompted a response not only from the Montgomery County Department of Health and Human Services (DHHS), but also the amplification of this response by County Executive Marc Elrich.
Of course, no one knew exactly what this meant. What were the data errors? How did they occur? What is the probability of them being replicated in the future? Many demanded further elaboration and transparency by DHHS.
In the face of the public demanding more information, DHHS and Marc Elrich decided to stay quiet. DHHS quietly swept it under the rug with this statement.
The error note, still present on the MoCo COVID-19 Dashboard reads:
NOTE: August 1, 2022: Due to a data source error, COVID-19 hospital admissions per 100k Residents (7-day total) appeared elevated from July 22-July 28, 2022. On August 1, 2022, a historical data correction was made to amend this error.
So, what really took place? How was the situation handled within DHHS and among County Council Members and the County Executive?
A Maryland Public Information Act Request was filed to help provide answers to these questions. The following outlines the absurdity of the process and the absurdity of the response.
August 4 2022 – A MPIA was filed with the contact listed on the County’s website as the contact for MPIA requests related to DHHS. It read:
I would like to request all email records or correspondence that occurred on the dates of July 22nd through August 4th between employees of the Dept of Health, County Council/Executive or external public health agencies related to the COVID dashboard data error that occurred between July 22-28th, this would include any electronic or written correspondence dealing with the discovery of the error or planned response to the error. In addition I am requesting a release of all raw data and associated sources used to calculate the Montgomery County’s COVID Surveillance Dashboard.
August 11 2022 – After not receiving a confirmation of receipt for the request, a follow up attempt was made. No response from DHHS was received.
August 12 2022 – Contact was made with Council Member Friedson asking if there was a more appropriate person in which to direct the MPIA.
August 16 2022 – Response was received from a staff member of Council Member Friedson expressing that the MPIA request was received and that a records coordinator should reach out shortly.
August 17th 2022 – Received a response from the records coordinator, noting a follow up by 8/27/2022
August 27, 2022 – No communication from DHHS.
September 1 2022 – Email is sent to DHHS records manager asking for an update. A response was received indicating DHHS is still searching records. No indication of timeline or costs was communicated.
September 14 2022 – Having heard nothing from DHHS for 2 weeks, a follow up email was sent requesting the status of the MPIA request.
September 15 2022 – Emailed received back from DHHS. Unfortunately, this email was not seen by the individual that filed the MPIA request. Though received it was simply overlooked.
October 13 2022 – Under the impression that DHHS had once again not communicated status and additional needs, and having not received the records 3 months after the initial request, an online request for mediations was submitted to State Ombudsman. The State Ombudsman office requested additional information. The additional information was provided, and the State Ombudsman confirmed receipt.
October 17 2022 – An official mediation case was opened by the State Ombudsman.
October 31 2022 – And here is where things get interesting…..DHHS sent the following email. You will notice that in the email they claim that their initial search did not discover any records (something previously never communicated) and also placed blame on a nonresponse from the submitter (ignoring that all responses from DHHS repeatedly missed deadlines and required follow up from the submitter).
November 1 2022 – An immediate reply was sent by the submitter clarifying the details of the request, as well as providing an opportunity for DHHS to correct assumptions guiding the direction of the MPIA request.
It should be noted that up to this point Montgomery County was actively having a campaign for County Council and County Executive, of which COVID-19 response was obviously a major voting issue.
November 14 2022 – An email was sent to DHHS as a follow up. The email inquired to see if the additional info provided was helpful, or if there was still a need to better structure the request.
November 15 2022 – State Ombudsman sends an email to all parties stating that the mediation file has been open for 29 days. And reminding all parties of the deadlines imposed by the State.
November 29 2022 – Having received no response from DHHS, the State Ombudsman once again follows up with all parties.
December 7 2022 – A response from DHHS was sent to all parties
December 13 2022 – DHHS sends email specifying that there are no records related to the request.
December 15 2022 – State Ombudsman closes mediation file.
So, let’s explore the conclusions a reasonable person can draw from this series of events (outside of course the lack of seriousness and speed in which DHHS responds to MPIA requests):
- Despite DHHS’s repetitive public communications related to the COVID-19 Dashboard and its associated metrics, DHHS does not actually know where the data comes from or what it consists of.
- Despite publishing public statements on the data errors uncovered around the calculation of Montgomery County COVID-19 community levels, DHHS does not communicate (at least via email) with County, State, or Federal stakeholders on how they should respond to the public related to the errors.
These conclusions obviously raise a series of concerns:
- The local Agency responsible for public health in Montgomery County, and who clearly has a seat at the table in making decisions around mandates and requirements, does not actually know the details of the data that is informing the decisions. It appears that a machine spits out a color or number and the County responds. Clearly this is not the type of information-based decision making that the public believes is taking place around the public health policies the County enforces.
- The metrics published by the County COVID-19 Dashboard may or may not align with the metrics published by the CDC. Which public health authority should the people of Montgomery County trust?
- No internal approval processes exist within DHSS for clearance of public communication.
- County leaders do not play an active role in directing DHHS on the degree of transparency they should provide related to the COVID-19 dashboard metrics.
Lastly, what is more broadly concerning about this series of events is that it would not be a stretch to view DHHS’s response as sweeping a sensitive political issue under the rug during an election cycle. Would a prompt and informed response, if amplified by local media, have had an impact on the local elections?
Currently, Gabe Albornoz chairs the Health and Human Services Committee.
CleanSlateMoCo appreciates the submissions made by community members, and encourages you to add your voice!
