[HISTORY: Adopted by the Board of County Commissioners of
Calvert County 4-18-2023 by Ord. No. 07-23. Amendments noted where
applicable.]
This chapter sets procedures pursuant to the Public Information
Act for filing and processing requests to the Calvert County government
for inspection and copying of public records of its departments under
the supervision and control of the Board of County Commissioners of
Calvert County.
A.
It is the policy of the Calvert County government to facilitate access
to the public records of the County, when access is allowed by law,
by minimizing costs and time delays to applicants.
B.
In furtherance of this objective, each Director shall develop and
implement a policy of proactive disclosure of public records that
are available for inspection.
In this chapter, the following terms have the meaning indicated:
The Public Information Act, §§ 4-101 through
4-601 of the General Provisions Article of the Annotated Code of Maryland.
Has the meaning stated in § 4-101(b) of the General
Provisions Article of the Annotated Code of Maryland.
Has the meaning stated in § 4-101(c) of the General
Provisions Article of the Annotated Code of Maryland.
Any form of reproduction using a photocopying machine or
other reproduction technology, including a paper copy, an electronic
copy, a printout, or an image.
Has the meaning stated in Md. Ann. Code, General Provisions
Art., § 4-101(d) of the General Provisions Article of the
Annotated Code of Maryland.
The department, office, agency, board or commission of the
County receiving a request to review a public record under the Act.
The Director of the Department.
Has the meaning stated in § 4-206(a)(2) of the
General Provisions Article of the Annotated Code of Maryland.
Has the meaning stated in § 4-205(a) of the General
Provisions Article of the Annotated Code of Maryland.
Has the meaning stated in § 4-101(f) of the General
Provisions Article of the Annotated Code of Maryland.
Has the meaning stated in § 4-101(g) of the General
Provisions Article of the Annotated Code of Maryland.
The Department employee who is responsible for accepting
requests for public records.
The official appointed pursuant to Title 4, Subtitle 1B,
of the General Provisions Article of the Annotated Code of Maryland
to resolve disputes under the Act.
Has the meaning stated in § 4-101(k) of the General
Provisions Article of the Annotated Code of Maryland.
Has the meaning stated in § 4-206(a)(3) of the
General Provisions Article of the Annotated Code of Maryland.
Has the meaning stated in § 4-356(a)(2) of the
General Provisions Article of the Annotated Code of Maryland.
Has the meaning stated in § 4-356(a)(3) of the
General Provisions Article of the Annotated Code of Maryland.
A day other than Saturday, Sunday, or a state or County holiday.
Unless otherwise designated, the Director is the official custodian
of the public records of the Department.
Any person may request to inspect or copy public records of
the Department that has control of the record requested.
A written request shall:
A.
If the custodian grants a request for inspection, the custodian shall
produce the public record for inspection as follows:
(1)
Immediately if the record requested is one designated by the
custodian of that record as being available for immediate release;
(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; or
(3)
If the request is made by anyone other than by the person in
interest and includes part of a 9-1-1 communications record that depicts
a victim, not less than 10 working days from the submission of a request
to the victim or victim's representative in accordance with § 4-356(c)
of the General Provisions Article of the Annotated Code of Maryland
for that part of the record.
B.
If the custodian reasonably believes that it will take more than
10 working days to produce the public record responsive to the applicant's
request, the custodian shall indicate in writing or by electronic
mail within 10 working days after receipt of the request:
C.
Denial of inspection.
(1)
(2)
If a request is denied, the custodian shall provide the applicant,
at the time of denial or within 10 working days of the request, a
written statement that gives the reasons for the denial, including,
for records denied pursuant to § 4-343 of the General Provisions
Article of the Annotated Code of Maryland, a brief explanation of:
(a)
Why denial is necessary; and
(b)
Why the harm from disclosure of the public record would be greater
than the public interest in providing access to the information in
the public record such that disclosure of the public record would
be contrary to the public interest;
(c)
The legal authority for the denial;
(d)
Without disclosing the protected information, a brief description
of the undisclosed records that will enable the applicant to assess
the applicability of the legal authority for the denial; and
(e)
Notice of the remedies available for review of the denial.
(3)
If inspection is denied pursuant to § 4-343 of the
General Provisions Article of the Annotated Code of Maryland, the
custodian shall provide:
D.
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 Department 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.
If the custodian knows that a requested public record of the
Department has been destroyed or lost, the custodian shall promptly:
A.
If the custodian denies a request to inspect or copy a public record of the Department, the applicant may file an action for judicial enforcement pursuant to § 4-362 of the General Provisions Article of the Annotated Code of Maryland without pursing the remedies set forth in Subsections B and C of this section.
B.
If the custodian charges a fee of more than $350 under § 96-1-113 of this chapter, the applicant may, within 90 days after the date the fee is imposed, file a written complaint with the Board pursuant to § 4-1A-05(a) of the General Provisions Article of the Annotated Code of Maryland.
C.
The applicant and the custodian each may contact the Public Access
Ombudsman to resolve, pursuant to Title 4, Subtitle 1B, of the General
Provisions Article of the Annotated Code of Maryland, a dispute relating
to requests for public records.
A.
Denial pending court order.
(1)
If, in the opinion of the Director, disclosure of a public record
of the Department otherwise subject to disclosure under the Act would
do substantial injury to the public interest, the Director may temporarily
deny the request and seek 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 Director shall
apply to the appropriate circuit court for an order permitting continued
denial or restriction of access.
(2)
Notice of the Director's complaint shall be served on the
applicant in the manner provided for service of process by the Maryland
Rules of Civil Procedure.
A.
The custodian may not charge a search or preparation fee for the
first two hours that an official or employee of the Department spends
searching for and preparing a public record for inspection.
B.
Subject to the waiver provisions hereof, after the first two hours,
the custodian shall charge a fee equal to the unloaded, hourly rate
of each employee that participates in the search and preparation of
responsive records.
C.
The fee schedule for copying and certifying copies of public records
is as follows:
(1)
Copies.
(a)
$0.25 per page for black and white copies, 8 1/2 by 11
page.
(b)
$0.50 per page for color copies, 8 1/2 by 11 page.
(c)
$4 for each 18 inch by 24 inch plat.
(d)
$6 for each 24 inch by 36 inch plat.
(e)
$10 for each plat larger than 24 inches by 36 inches.
(f)
Actual cost for electronic media, including thumb-drives.
(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.
D.
Notwithstanding the foregoing, if the fee for copies or certified
copies of any public record of the Department is specifically set
by a law other than the Act or this chapter, the custodian shall charge
the prescribed fee.
E.
If the custodian cannot copy a public record within the Department,
the custodian shall make arrangements for the prompt reproduction
of the public record at public or private facilities outside the Department.
The custodian shall:
G.
Except as provided in this regulation, the custodian may charge a
reasonable fee for time that an official or employee of the Department
spends:
H.
Waiver or reduction of fee.
(1)
The official custodian may waive or reduce any fee set under
this regulation if:
(2)
To determine whether the fee waiver is warranted, the custodian
is guided by the following factors adopted in the Code of Federal
Regulations for Freedom of Information Act requests:
(a)
Whether the subject of the requested public records concerns
the identifiable operations or activities of the County government,
with a connection that is direct and clear, not remote or attenuated;
(b)
Whether the informative value of the information to be disclosed
and whether the disclosure is likely to contribute to an understanding
of government operations or activities;
(c)
Whether disclosure will likely contribute to an understanding
of the subject by a reasonably broad audience of persons interested
in the subject; and
(d)
Whether the disclosure is likely to contribute significantly
to public understanding of government operations or activities.
I.
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.
A.
An applicant may inspect any public record of the Department that
the applicant is entitled to inspect during the normal working hours
of the Department.
B.
The inspection shall occur where the public record is located unless
the custodian, after taking into account the applicant's expressed
wish, determines that another place is more suitable and convenient.
Unless requested public record is one identified for immediate
release, upon receipt of a Public Information Act request, the custodian
shall:
A.
Gather the responsive documents.
B.
Determine what, if any, records or information must be redacted pursuant
to the respective section(s) of the General Provisions Article of
the Annotated Code of Maryland.
C.
May consult with the County Attorney's Office regarding whether
the redacted records or information redacted by the custodian complies
with the terms and conditions of the respective section(s) of the
General Provisions Article of the Annotated Code of Maryland.
D.
Once the County Attorney's Office has completed any review requested,
they shall return the documents to the custodian with an opinion regarding
the items proposed for redaction.
E.
Custodian is then responsible to contact the requestor and obtain
prepayment before disclosure or make arrangements for the requestor
to review the documents.
F.
The custodian is responsible for ensuring that any redactions are
completed prior to disclosure to any party, but shall retain the original
and redacted records for its records.
A.
Except as provided in Subsections C and D of this regulation, the custodian shall provide an applicant with a copy of the public record in a searchable and analyzable electronic format if:
(1)
The public record is in a searchable and analyzable electronic
format;
(2)
The applicant requests a copy of the public record in a searchable
and analyzable electronic format; and
(3)
The custodian is able to provide a copy of the public record,
in whole or in part, in a searchable and analyzable electronic format
that does not disclose information that is exempt from disclosure
under the Act.
B.
The custodian shall provide a portion of the public record in a searchable
and analyzable electronic format if:
C.
The custodian is not required to:
(1)
Create or reconstruct a public record in an electronic format
if the public record is not available in an electronic format; or
(2)
Release an electronic record in a format that would jeopardize
or compromise the security or integrity of the original record or
of any proprietary software in which the record is maintained.
This article sets forth the procedures under which a person
in interest may request the correction or amendment of public records
of the Calvert County government.
A person in interest may request that the Department correct
or amend any public record that:
A request to correct or amend a public record shall be addressed
to the custodian of the public record. If the custodian is unknown,
the request may be addressed to the Director.
Within 30 days after the Department receives a request for correction or amendment that reasonably complies with §§ 96-2-203 and 96-2-204 of this chapter, the custodian shall:
If the Department refuses to make a requested correction or
amendment, a person in interest may file with the Department a concise
statement of the reasons for:
The statement submitted under this section shall:
