[HISTORY: Approved 1-16-1980, effective 1-16-1980. Amendments noted where applicable.]
This Article is intended to protect all property of the Town
from damage and destruction.
It shall be unlawful for any person or persons to purposely
remove or in any manner deface any sign or to damage in any manner,
any public property belonging wholly or in part to the Town.
Any violation of any section of this Article shall be deemed
an infraction and any person, upon conviction, shall be fined not
more than $100 for the first offense. Repeat offenders may be assessed
a fine not to exceed $200 for each repeat offense.
[Added 4-2-2012 by Ord. No. 02-12, effective 5-2-2012]
A.
CUSTODIAN
RECORD
RECORDS INVENTORY
RECORDS MANAGEMENT OFFICER
SCHEDULE
Definitions. As used in this Article, the following terms shall have
the meanings indicated:
An officer or employee of the Town who, whether or not the
officer or employee has physical custody and control of a public record,
is responsible for keeping the public record. Each department head,
including the Town Clerk, Town Treasurer, Chief of Police, Town Administrator,
Mayor and any other officer or employee charged with the safekeeping
of Town records, shall be considered a records custodian.
Any documentary material in any form created or received
by the Town or any department of the Town in connection with the transaction
of public business and includes: written materials, e-mail, books,
photographs, photocopies, publications, forms, microfilms, tapes,
computerized records, maps, drawings, and other materials in any form
as well as any data generated, stored, received, or communicated by
electronic means for use by or storage in an information system or
for transmission from one information system to another.
A survey of all records series maintained by the Town resulting
in a detailed itemized compilation of the records in the possession
of the Town or any agency, and is the first step in preparing a records
retention and disposition schedule.
The Town Administrator or, in his absence, the Town Clerk
whose responsibilities include the development and oversight of Town
records management programs and procedures. The Town Clerk shall be
considered the Assistant Records Management Officer.
A Records Retention and Disposition Schedule, which is an
official document listing and describing all records of the Town and
provides:
B.
Policy. The Town and its officers and employees shall retain and
protect all records in their custody, and any officer or employee
shall not access, alter, destroy, sell, or otherwise dispose of any
record in such person's care or custody or under such person's
control without first having followed the requirements of an approved
records retention schedule and the procedures of this Article or any
policy implemented pursuant to this Article. The prohibition on the
destruction of records includes the mutilation, defacing or unauthorized
alteration of such records.
[Added 4-2-2012 by Ord. No. 02-12, effective 5-2-2012]
A.
The Records Management Officer shall have primary responsibility
for the development and administration of a continuing records management
program for the records of each department or agency of the Town.
B.
In addition to, and not by way of limitation of, his general responsibility
for the records management program, the Records Management Officer
shall have the following express responsibilities, duties and powers
in connection with the records activities of each department of the
Town:
(1)
Establish standards, procedures and techniques for the effective
management of Town records and designate records custodians in addition
to those stated herein.
(2)
Prepare record retention schedules providing for the retention of
Town records of continuing value and for the prompt and orderly disposal
of public records no longer possessing sufficient administrative,
legal or fiscal value to warrant their further preservation. Prior
to becoming operative, such retention schedules shall receive the
written approval of the Mayor and the State Archivist.
(3)
Review proposals for the purchase or rental of filing equipment,
microfilm or photocopying devices, and make recommendations thereon
to the Mayor and Council.
(4)
Review all proposals to electronically scan or microfilm records,
whether or not the ultimate destruction of the original records is
involved.
(5)
Consult with and advise the department heads in an effort to achieve
uniformity of retained records.
(6)
Inspect and review records and records management practices of all
departments.
(7)
Organize and administer a records storage location or depository
for the inactive records of the Town.
(8)
Develop, publish and enforce standards of classifying, indexing and
filing records.
(9)
Require such reports as he deems necessary and consistent with this
Article.
(10)
Assist office and department heads in training personnel in
records retention practices, and the head of each department shall:
(I)
Cooperate with the Records Management Officer in the preparation
of records retention schedules or policies made by him pursuant to
the provisions of this Article; and
(II)
Comply with the rules, regulations, standards and procedures
issued by the Records Management Officer with respect to the retention,
disposal and storage and photographic reproduction of departmental
records.
[Added 4-2-2012 by Ord. No. 02-12, effective 5-2-2012]
A.
The Town Clerk or another custodian as designated in writing by the
Records Management Officer or the Mayor shall maintain all Charter
Amendments, Annexation Resolutions, ordinances, codifications of ordinances,
written resolutions, minutes, policy manuals, deeds, bonds, contracts,
agreements, releases, executive orders, directives, proclamations
and other papers and instruments involving the legal interests of
the Town and any of its agencies, offices and departments. The referenced
papers and instruments shall be maintained solely for reference and
examination by the public. Any person may have access to them during
business hours at a reasonably established and convenient time. The
above papers, documents and instruments shall be in addition to those
maintained for any other purpose.
B.
The Town Clerk shall maintain for at least one year audio recordings
of Town meetings, except that a closed meeting shall require the affirmative
vote of four members of the Council in order to record the closed
session.
C.
Each department or office head shall maintain all records produced
or received by the respective department, including but not limited
to any written policies, files, reports, permits, citations, images,
completed forms, directives, correspondence, facsimiles or e-mails.
D.
No part of the contents of any file or record maintained by the Town
shall be removed from a Town office except by an authorized person
who shall leave written information or a receipt in the file, or record
and notify the department head or his designee of what the person
requests to be taken and when it shall be returned. No original record
or original document shall be removed from any Town office or space
without the proper authority of the Records Management Officer, Mayor
or the Chief of Police.
E.
No personnel file shall be accessed, copied, removed or reviewed
except by proper authority. Only persons within an employee's
chain of command, including the supervisor, department head, Town
Administrator and Mayor, shall be authorized to review, amend or modify
an employee's personnel records.
[Added 4-2-2012 by Ord. No. 02-12, effective 5-2-2012]
A.
Records created or received by the Town government in the course
of official business are the property of the Town government and shall
not be destroyed, sold, transferred or otherwise disposed of except
in a manner prescribed by record retention schedules approved as provided
in this Article.
B.
When records are disposed of, a certificate of disposal, listing
the records and certifying to their disposal shall be filed with the
Mayor and the Hall of Records of the state.
C.
Records of archives of the Town which are deemed to have historical
significance may, at the discretion of the Records Management Officer
and with the approval of the Mayor, be lent to any responsible organization
or group. They shall be properly preserved, displayed, indexed and
made available for reference purposes by such organization.
D.
Copies of original records and other records that are photocopied
or considered duplicates of the original may be disposed of after
properly verifying that the original record exists and is properly
maintained by the Town.
E.
No public record shall be released or made available to the public
except in accordance with Town policy or regulations as established
pursuant to the Maryland Public Information Act.
F.
Any person who willfully destroys a public record without proper
authorization may be subject to criminal prosecution. Any employee
who fails to comply with this Article is subject to disciplinary action,
including termination.
[Added 5-16-2012 by Ord. No. 06-12, effective 6-15-2012]
A.
A contribution of funds, services or property of the Town or a grant
supplied by the Town shall provide a direct and material benefit to
a significant number of Town residents. Expenditures that provide
benefits to the public at large which do not benefit Town residents
to an extent that is materially greater than the benefit to the general
public will not be deemed to meet these criteria.
B.
Except as otherwise stated in this subsection, the contribution or
grant shall support a capital improvement or other extraordinary need
of a public institution, program, facility or service, as distinguished
from supporting a current operating budget. A contribution or grant
may be further provided to an organization formed to provide physical,
economic and educational development and revitalization efforts for
businesses and residents of the Town that is designated or eligible
for tax exemption under Section 501(c) of the Internal Revenue Code
and incorporated for less than three years, in order to encourage
or support the conduct of any lawful activity which is in furtherance
of the purposes of the organization.
C.
Except for an organization eligible for tax exemption under Section
501(c) of the Internal Revenue Code and incorporated for less than
three years, the contribution or grant shall supplement and not supplant
funds from the requestor's primary funding source.
D.
The request for funding or contributions shall be made by a Town
resident.
E.
The recipient of the contribution or grant must be a governmental,
quasi-governmental or eligible tax exempt organization under Section
501(c) of the Internal Revenue Code that supports a public or quasi-public
institution, program, facility or service. An eligible organization
may be pending tax exempt status if the organization has been incorporated
for less than three years.
F.
Unless special circumstances warrant, consideration will not be given
to requests for grants from recreational sports groups nor will funds
be used to sponsor an individual athlete or team for a competition
or to subsidize participation in a sports event.
G.
Funds granted under this section are not transferable between projects
or groups without prior Council approval, and must be used for the
specific purposes outlined.
H.
The granting of financial assistance in any year is not to be regarded
as a commitment by the Town to continue such assistance in future
years. In addition, the Town shall not provide guaranteed funding
beyond the current year (i.e., an allocation of assistance each year
for a three-year period).
I.
In making grants, the Council may impose such conditions as it deems
fit.
J.
A statement showing accountability for use of the funds must be completed
and submitted by March 31 of the year or when requested by Council.
The statement shall include a description of the completed event,
activity or project and a financial statement for the event, activity
or project listing the expenditures and revenues pertaining to the
event, project, or activity and the use of the funds granted by the
Town. The statement is to be signed by a representative of the organization.
[Added 5-16-2012 by Ord. No. 06-12, effective 6-15-2012]
All requests for contributions or grant applications shall be
submitted in writing and directed to the Treasurer and shall include:
A.
The name of the organization, and the contact information (name,
address and telephone and fax number) of a person who can answer questions
regarding the information submitted on the application;
B.
The financial assistance or "in-kind" donation requested;
C.
If the request is for a special event, give a brief description of
the event, including objectives of the event, or the benefits to the
community resulting from the event, and otherwise give a description
of the need for the requested funds, services, or property;
D.
Details on the organization;
E.
A list of officers and directors of the organization; and
F.
Any other information the Mayor or Council deems relevant.
[Added 5-16-2012 by Ord. No. 06-12, effective 6-15-2012]
A.
In support of the efforts of volunteers, community groups and organizations,
the Town may extend its liability insurance coverage to the directors
or leaders and volunteers associated with community events. The insurance
coverage offered will protect the organizers from third party liability
claims by those who sustain an injury or property damage by participating
in or attending the event.
B.
Groups wishing to be covered under the Town's insurance liability
coverage are required to provide details on the event, including the
date, location, activities, names of volunteers and the directors
(which shall include at least one Town official), a copy of the operating
budget, and a statement of how the proceeds from the event will be
distributed, if any.
C.
Within 30 days of the event, final financial information shall be
submitted to the Town. The information provided shall be submitted
to Council and if the event meets the Town's criteria, a resolution
shall be passed naming the group or entity as an ad hoc committee
of the Town and allowing the group or organization inclusion under
the Town's insurance program, and the group shall be informed
of the coverage provided and the reporting requirements.
