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, and if there are any inconsistencies, the provisions of
the Act shall control.
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:
ACT
The Maryland Public Information Act, State Government Article,
§§ 10-611 through 10-630, Annotated Code of Maryland.
APPLICANT
Has the meaning stated in § 10-611(b) of the Act.
CUSTODIAN
Has the meaning stated in § 10-611(c) of the Act.
WORKING DAY
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.
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.
[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:
(1) Copies.
(a)
The fee for each copy made by a photocopying machine within
the Town Hall is $ 0.25 per page.
(b)
The fee for each copy made otherwise shall be based on the actual
cost of reproduction.
(2) Certification of copies. If a person requests that a copy of a public
record be certified as a true copy, an additional fee of $1 per page
(or, if appropriate, per item) shall be charged.
(3) Minimum fee. No charge will be made if the total fee is less than
$1.
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:
(1) Collect from the applicant a fee to cover the actual cost of reproduction;
or
(2) Direct the applicant to pay the cost of reproduction directly to
the facility making the copy.
C. Before copying a public record of the Town, the custodian shall estimate
the cost of reproduction and either:
(1) Obtain the agreement of the applicant to pay the cost, so long as
the cost is under $100; or
(2) Demand prepayment of the cost.
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:
(1) To search for requested public records;
(2) To prepare public records for inspection and copying; and
(3) To supervise the inspection and copying of public records.
E. The fee applicable under Subsection
D shall be based upon the person or persons needed to perform the activities described in Subsection
D above, and the rates for such persons shall be:
(1) For Town Hall staff and the custodian or the custodian's designees:
$25 per hour;
(2) For the Zoning Administrator and/or Code Enforcement Officer: $65
per hour;
(3) For the Town's attorneys: $200 per hour; and
(4) For the Town's engineers: $85 per hour.
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.
G. The official custodian may waive or reduce any fee set under this
article if:
(1) The applicant requests the waiver; and
(2) The official custodian determines that the waiver or reduction is
in the public interest.
H. When considering a waiver or reduction of any fee under Subsection
G, the official custodian shall consider, among other relevant factors, the ability of the applicant to pay the fee.