This article sets out procedures for filing and processing requests
to the Town, or any of its departments, agencies, boards, or officials,
for the inspection and copying of public records of the Town. This
article is intended to implement and be consistent with the Maryland
Public Information Act,[1] and if there are any inconsistencies, the provisions of
the Act shall control.
[1]
Editor's Note: See State Government Article, §§ 10-611
through 10-630, of the Annotated Code of Maryland.
It is the policy of the Town to facilitate access to the public
records of the Town when access is allowed by law, subject to the
permissible denial authority granted by § 10-618 of the
Act, including future amendments thereto.
As used in this article, the following terms shall have the
meanings indicated:
The Maryland Public Information Act, State Government Article,
§§ 10-611 through 10-630, Annotated Code of Maryland.
Has the meaning stated in § 10-611(b) of the Act.
Has the meaning stated in § 10-611(c) of the Act.
Has the meaning stated in § 10-611(d) of the Act.
Has the meaning stated in § 10-611(g) of the Act.
A day other than Saturday, Sunday, or a state holiday.
Unless otherwise provided by ordinance or by state or federal
law, the Town Clerk is the official custodian of the public records
of the Town. The Town Clerk may designate other persons to be the
official custodian of public records on either a temporary or continuing
basis, when necessary to achieve a public purpose, so long as that
designation is in writing. The Town Clerk may designate Town employees
to assist the Town Clerk in performing his or her duties as the official
custodian. As the official custodian, the Town Clerk is authorized
to regulate the conduct of other custodians with respect to public
documents and to certify the authenticity of public documents.
Any person or governmental unit may request to inspect or copy
public records of the Town.
A.
Inspection.
(1)
Except as otherwise provided in this article, the custodian shall make public records of the Town available for inspection by an applicant without demanding a written request only when the records are of such a nature that the custodian is aware that the entire contents of the records are routinely available for public inspection under the Act and this Article II and that no part of the record could reasonably be prevented by the Act or any other law.
B.
Copies. If the applicant requests one or more copies of any public
record of the Town, the custodian shall require a written request.
C.
All written requests for inspection or copies shall be kept in a
request log, date stamped, and assigned a request number.
B.
A request to inspect or copy a public record of the Town shall be
addressed to the custodian of the record. If the custodian is unknown,
the request may be addressed to either the Town Clerk or the Mayor,
and in such circumstance, the request shall be turned over to the
custodian for processing and response.
A.
If the custodian decides to grant a request for inspection, the custodian
shall produce the public record for inspection:
C.
If a requested public record is not in the custody or control of
the person to whom application is made, that person shall, within
10 working days after receipt of the request, notify the applicant:
A.
Unless prohibited by law, the custodian may provide notice of a request
for inspection or copying of any public record of the Town to any
person who, in the judgment of the custodian, could be adversely affected
by disclosure of that public record.
B.
The custodian may consider the views of the potentially affected
person before deciding whether to disclose the public record to an
applicant.
The custodian shall consider the requirements of the Act and
other relevant laws when making the decision to permit or deny access
to the public record, including the legal authority upon which disclosure
is mandated, disallowed, or permissible. If the custodian denies access
to a public record, the denial shall be provided in writing and shall
cite the legal authority upon which disclosure is disallowed.
If a requested public record of the Town is in the custody and
control of the person to whom application is made but is not immediately
available for inspection or copying, the custodian shall promptly
notify the applicant that the public record is not immediately available
and schedule a date within a reasonable time for inspection and copying.
If the person to whom application is made knows that a requested
public record of the Town has been destroyed or lost, the custodian
shall promptly notify the applicant that the public record is not
available and explain the reasons why the public record cannot be
produced.
If the custodian denies a request to inspect or copy a public
record of the Town, there is no administrative review proceeding and
the applicant's relief is with the Circuit Court, pursuant to
§ 10-623 of the Act.
A.
Denial pending court order.
(1)
If, in the opinion of the custodian, disclosure of a public record
of the Town otherwise subject to disclosure under the Act would do
substantial injury to the public interest, the custodian may temporarily
deny the request to obtain a court order allowing nondisclosure.
(2)
The temporary denial shall be in writing.
B.
Circuit Court review.
(1)
Within 10 working days after the denial, the custodian shall apply
to the Circuit Court for Calvert County for an order permitting the
continued denial or restriction of access.
(2)
Notice of the custodian's complaint shall be served on the applicant
provided for service of process by the Maryland Rules of Procedure.
A.
Subject to the provisions of this article and any limitations imposed by the custodian in Subsection D below, an applicant may inspect any public record of the Town that the applicant is entitled to inspect during the normal working hours of the Town.
B.
The inspection and copying of the public documents shall occur while
in the custody of the custodian and, where practicable, where the
public record is kept.
C.
An applicant who is entitled to inspect a public record may have
a copy, printout, or photograph of the public record or, if the custodian
does not have the facilities to reproduce the public record, access
to the public record to make the copy, printout, or photograph.
D.
The custodian may determine a different location for the inspection
and copying of public records if it is impracticable for it to occur
where the public record is normally kept. In addition, the custodian
may set a reasonable time schedule to make copies, printouts, or photographs
of the public record. If the records are of such a nature that, in
the judgment of the custodian, the inspection or the copying must
be strictly supervised by the custodian or his or her designee during
the applicant's access to the documents, especially when necessary
to protect the public record, then the custodian may require such
supervision.
[Amended 7-17-2008 by Ord. No. O-08-4]
A.
The fee schedule for copying and certifying copies of public records
of the Town is as follows:
B.
If the custodian cannot copy a public record within the department,
the custodian shall make arrangements for the prompt reproduction
of the record at public or private facilities outside the Town. The
custodian shall:
D.
The custodian may charge the fee set forth in Subsection E below, divisible in units of every 15 minutes, for the time in excess of the first two hours that the officials, professionals, or Town employees spend:
E.
F.
If the applicant requests that copies of a public record be mailed
or delivered to the applicant or to a third party, the custodian may
charge the applicant for the cost of postage or delivery.