Town of Chesapeake Beach, MD Article II Public Information Act Requests

§ 55-6 Scope.

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.

§ 55-7 Policy.

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.

§ 55-8 Definitions.

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.

OFFICIAL CUSTODIAN

Has the meaning stated in § 10-611(d) of the Act.

PUBLIC RECORD

Has the meaning stated in § 10-611(g) of the Act.

WORKING DAY

A day other than Saturday, Sunday, or a state holiday.

§ 55-9 Town Clerk as official custodian.

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.

§ 55-10 Who may request public records.

Any person or governmental unit may request to inspect or copy public records of the Town.

§ 55-11 Written requests required.

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.

(2) Except as otherwise provided in this article, the custodian shall make public records of the Town available for inspection by an applicant upon a written request meeting the requirements of § 55-12 of this article.

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.

§ 55-12 Contents of written request.

A. A written request shall:

(1) Contain the applicant's name and address;

(2) Be signed by the applicant;

(3) Reasonably identify, by brief description, the public record sought; and

(4) Identify whether the applicant wishes a copy of the public records sought.

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.

§ 55-13 Response to request.

A. If the custodian decides to grant a request for inspection, the custodian shall produce the public record for inspection:

(1) Immediately; or

(2) Within a reasonable time period, not to exceed 30 days after the date of the request, if that period is needed to retrieve the public record and conduct any necessary review.

B. Denial of requests.

(1) If the custodian decides to deny a request for inspection, the custodian shall:

(a) Do so within 30 days after the request; and

(b) Immediately notify the applicant of the denial.

(2) If a request is denied, the custodian shall provide the applicant, at the time of the denial or within 10 working days, a written statement that gives:

(a) The reason for the denial;

(b) The legal reason for the denial; and

(c) Notice of the remedies available for review of the denial.

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:

(1) That the person does not have custody or control of the requested public record; and

(2) If the person knows:

(a) The name of the custodian of the public record; and

(b) The location or possible location of the public record.

D. With the consent of the applicant, any time limit imposed by Subsections A through C of this section may be extended for an additional period of up to 30 days.

§ 55-14 Disclosure of requests.

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.

§ 55-15 Legal basis for access or denial.

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.

§ 55-16 Public record temporarily unavailable.

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.

§ 55-17 Public record destroyed or lost.

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.

§ 55-18 Review of denial of request.

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.

§ 55-19 Disclosure against public interest.

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.

§ 55-20 Time, manner and place of inspection and copying.

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.

§ 55-21 Fees.

[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.