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.
In this chapter, the following terms have the meaning indicated:
ACT
The Public Information Act, §§ 4-101 through
4-601 of the General Provisions Article of the Annotated Code of Maryland.
APPLICANT
Has the meaning stated in § 4-101(b) of the General
Provisions Article of the Annotated Code of Maryland.
BOARD
Has the meaning stated in § 4-101(c) of the General
Provisions Article of the Annotated Code of Maryland.
COPY
Any form of reproduction using a photocopying machine or
other reproduction technology, including a paper copy, an electronic
copy, a printout, or an image.
CUSTODIAN
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.
DEPARTMENT
The department, office, agency, board or commission of the
County receiving a request to review a public record under the Act.
DIRECTOR
The Director of the Department.
INDIGENT
Has the meaning stated in § 4-206(a)(2) of the
General Provisions Article of the Annotated Code of Maryland.
METADATA
Has the meaning stated in § 4-205(a) of the General
Provisions Article of the Annotated Code of Maryland.
OFFICIAL CUSTODIAN
Has the meaning stated in § 4-101(f) of the General
Provisions Article of the Annotated Code of Maryland.
PERSON IN INTEREST
Has the meaning stated in § 4-101(g) of the General
Provisions Article of the Annotated Code of Maryland.
PIA COORDINATOR
The Department employee who is responsible for accepting
requests for public records.
PUBLIC ACCESS OMBUDSMAN
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.
PUBLIC RECORD
Has the meaning stated in § 4-101(k) of the General
Provisions Article of the Annotated Code of Maryland.
REASONABLE FEE
Has the meaning stated in § 4-206(a)(3) of the
General Provisions Article of the Annotated Code of Maryland.
VICTIM
Has the meaning stated in § 4-356(a)(2) of the
General Provisions Article of the Annotated Code of Maryland.
VICTIM'S REPRESENTATIVE
Has the meaning stated in § 4-356(a)(3) of the
General Provisions Article of the Annotated Code of Maryland.
WORKING DAY
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.
If the custodian knows that a requested public record of the
Department has been destroyed or lost, the custodian shall promptly:
A. Notify the applicant that the public record is not available; and
B. Explain the reasons why the public record cannot be produced.
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.
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. The Department keeps; and
B. The person in interest is authorized to inspect.
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:
A. Make the requested correction or amendment, and inform the requester
in writing of the action; or
B. Inform the requester in writing that the Department will not:
(1)
Make the requested correction or amendment, and the reason for
the refusal; or
(2)
Act on the request because:
(a)
The requester is not a "person in interest";
(b)
The requester is not authorized to inspect the record; or
(c)
Of any other reason authorized by law.
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:
A. The requested correction or amendment; and
B. The person's disagreement with the refusal of the Department
to make the correction or amendment.
The statement submitted under this section shall:
A. Be on pages no larger than 8 1/2 by 11 inches in size;
B. Use only one side of each page; and
C. Consist of no more than five pages.
If a person in interest files a statement of disagreement concerning a public record under §§
96-2-207 and
96-2-208 of this chapter, the Department shall provide a copy of the statement whenever the Department discloses the public record to a third party.