MCPS refuses to release financial aspects of Wireless Generation agreement

In an article last week, we released several of the documents showing royalties received by MCPS from Wireless Generation.  MCPS released these and other documents after repeated MPIA requests for information about the deal that former deputy superintendent John Q. Porter made, on behalf of MCPS, with Wireless Generation.

Of all the documents that have been received, perhaps the most interesting is the Development Agreement.  The copy of the Development Agreement, which is 24 pages long, is of interest not because of what it contains but because of what the provided copy excludes.  Under claim of exemption from disclosure pursuant to Section 10-617(d) of the MPIA, MCPS refused to provide two sections of the Development Agreement.  Without those sections, it is not possible to determine who, other than MCPS, is receiving royalties under the agreement, nor is it possible to verify that MCPS is receiving all of the royalties to which it is entitled.

The sections of the Development Agreement that MCPS reluctantly shared contain no financial details and, as such, are probably of interest mainly to MCPS and Wireless Generation.  The sections that have been redacted are short and probably of great interest to taxpayers, but MCPS has advised us that if we want copies of those sections, we will have to pursue the matter in circuit court.

In the meantime, here are the cover letter and signature page for the Development Agreement.  It is worth noting that the Agreement was signed by John Q. Porter, instead of Superintendent Weast or the President of the Board of Education, which, from all appearances, is contrary to MCPS procurement rules.
Wireless Generation Royalty Agreement (excerpt)