Records Reveal Frederick County Negotiated Data Center NDA with Rowan Digital Infrastructure
Frederick County government secretly negotiated a non-disclosure agreement (NDA) with Rowan Digital Infrastructure for "Project Bauxite," a hyperscale data center campus. This contradicts public statements by County Executive Fitzwater denying any NDAs. The investigation raises concerns about government transparency and a private company's influence over public information.
An investigation by AJ Randall for Good Morning Frederick revealed that the Frederick County government engaged in secret negotiations for a non-disclosure agreement (NDA) with Rowan Digital Infrastructure regarding "Project Bauxite," a massive hyperscale data center campus. This discovery came through a Freedom of Information Act request, directly contradicting public statements made by County Executive Jessica Fitzwater, who explicitly denied signing or agreeing to any NDAs related to data center projects.
The paper trail shows that Rowan's economic development lead, Martin Romo, requested an NDA in August 2023 to discuss sensitive tenant information with the county. Economic Opportunity Director Laura Fritz responded, insisting the county use its own NDA template and looping in County Attorney Brian Black. Black actively provided the county's template and reviewed Rowan's proposed edits, ultimately approving them. The agreement was structured to extend confidentiality beyond economic development, encompassing ten major county departments, including Planning and Permitting, Public Works, and significantly, the County Executive's Office. The NDA also included a procedural hurdle requiring the county to notify Rowan before releasing any public records about the project and giving Rowan veto power over county press releases for three years.
While Morgan O'Neal, Associate General Counsel and Secretary for Rowan Green Data LLC, formally signed the agreement for Rowan, the signature line for the Frederick County Office of Economic Development remained blank in the public records obtained. Similarly, Attachment B forms, intended for individual county representatives across departments, were also blank. This leaves a critical unanswered question: Was the agreement ever fully executed by Frederick County officials, and which officials were expected to operate under its terms? The investigation highlights a stark contrast between the county's public commitment to transparency and the behind-the-scenes negotiation of a broad confidentiality agreement for a major infrastructure project.