[HISTORY: Adopted by the Mayor and Council of the Town of
Rock Hall as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Fees — See Ch. 102.
[Adopted 8-3-2015 by Res.
No. 2015-07]
This article establishes the applicable rules and regulations
for filing and processing requests to the Town of Rock Hall for inspection
and/or copying of the Town's public records in accordance with
the Maryland Public Information Act, Annotated Code of Maryland, General
Provisions Article, § 4-101 et seq., as amended from time
to time (the "MPIA"). The rules and regulations set forth in this
article supplement the MPIA. In case of any conflict between any rule
or regulation in this article and the MPIA, the MPIA shall control.
All terms used herein that are defined in § 4-101 of the
MPIA shall be ascribed the meaning set forth therein.
It is the policy of the Town of Rock Hall to facilitate access
to public records when access is allowed by law and to minimize cost
and time delays to requesters.
The Clerk-Treasurer is designated as the official custodian
of the Town's public records.
Any person or governmental unit may request to inspect or copy
the Town's public records.
A written request shall:
A.
Contain the requester's name, address, telephone number and
e-mail address;
B.
Be signed and dated by the requester; and
C.
Reasonably identify, by brief description, the public record(s) being
requested.
D.
Be addressed to the Custodian of Records, Town of Rock Hall, P.O.
Box 367, 5585 Main Street, Rock Hall, Maryland 21661.
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. The custodian may consider
the views of the potentially adversely affected person before deciding
whether to disclose the public record.
A.
If a requested public record of the Town is in the custody and control
of the Town but is not immediately available for inspection or copying,
the custodian shall promptly:
If a requested public record has been lost or destroyed, the
custodian shall promptly:
A.
The Town reserves the right to charge fees for copying public records
as set forth in Resolution No. 2014-06; provided, however, that the
first two hours spent responding to a request shall be provided at
no charge. Upon request, any public record may be certified by the
Clerk-Treasurer for an additional charge of $1 per page.
B.
If the custodian cannot reasonably copy a public record at the Town
Office, the custodian shall make arrangements for reproduction of
the record at an outside private facility. The custodian shall direct
the requester to pay the cost of reproduction directly to the facility
making the copy.
C.
Before copying a public record for a requester, the custodian shall
estimate the cost of reproduction and either obtain agreement from
the requester to pay the cost or obtain prepayment of the cost.
D.
If a requester requests that copies of a public record be mailed
or delivered to the requester or to a third party, the custodian may
charge the requester for the cost of postage or delivery.
E.
Method of payment. Any fee assessed under this policy shall be paid
by cash, check or money order. Checks and money orders shall be made
payable to the "Town of Rock Hall."
Except where inspection would interfere with the other duties
of the custodian, a requester may inspect public record(s) that the
requester is entitled to inspect during the normal working hours of
the Town. Inspection shall occur at the Town Office, located at 5585
Main Street, Rock Hall, Maryland 21661, unless the custodian, taking
into account the requester's wishes, determines that another
location is more suitable and convenient.