Professional Documents
Culture Documents
WORKSESSION
Tuesday,January27,20151:00P.M.
AClosedSessionisscheduledfrom12:001:00P.M.todiscusslegalandcontractualmatters.
AGENDA
1.
CALLTOORDER
2.
REPORTONCLOSEDSESSIONTuesday,January27,201512:001:00p.m.
3.
ACKNOWLEDGEMENTSANDRECOGNITIONS
A. RetirementRecognitionofFire/EMSCaptainRexFoxwell
B. RetirementRecognitionofSolidWasteWorkerDouglasR.Lewis
C. RetirementRecognitionofSound/LightTechnicianGeraldDennis
4.
COMMENTSFROMTHEPUBLIC
AnypersonwhomaywishtospeakonamatterscheduledfordiscussionontheWorkSessionAgenda
maybeheardduringCommentsfromthePublicforaperiodofthree(3)minutesorsuchtimeasmay
bedeemedappropriatebytheCouncilPresident.Anyonewishingtobeheardshallstatetheirname,
addressandtheAgendaitemonwhichheorshewishestospeak.
5.
NEWBUSINESS
A. RequesttoApproveTABFundingAllocationspresentedbyGregShockley,Chairman
B.
RequesttoApproveOceanCityPoliceDepartmentGeneralOrderspresentedbyPoliceCaptain
1. G.O.400E1VehicleOperationRoutineandNonRoutine
2. G.O.500A3SpecialtyUnitAssignment&SpecializedTrainingSelection
3. G.O.500N1ConfidentialityandSecurityProtocolsforPoliceRecordsManagement
6.
ADJOURN
Action(s) taken:
Motion to close meeting:
Time:
H:\Wpdoc\closedsess.wpd
______________________________
RICHARD W. MEEHAN
Mayor
______________________________
RICHARD W. MEEHAN
Mayor
______________________________
RICHARD W. MEEHAN
Mayor
TOWN OF
TO:
THRU:
FROM:
RE:
DATE:
Agenda Item #
5A
Council Meeting
ISSUE(S):
SUMMARY:
FISCAL IMPACT:
RECOMMENDATION:
ALTERNATIVES:
Do not approve.
RESPONSIBLE STAFF:
COORDINATED WITH:
ATTACHMENT(S):
EVENT CONTRACT
This agreement dated January 25, 2015 by and between the Mayor and City Council of Ocean
City, MD and Robert A. Rothermel, Jr. of Tours, Entertainment, Amusements & Management,
LLC, D.B.A. Special Event Productions/T.E.A.M. Productions.
Location of Engagement: Beach vicinity of North Division, Dorchester and Somerset Streets and
North Side Park. Type of Engagement: OC Beach Lights, Fireworks, OC Sand Fest and Beach
Maze
Dates of Rendered Services: LASER SHOW: Saturday May 23, Sundays, May 24, June 7, 14, 21,
28, July 5, 12, 19, 26, August 2, 9, 16, 23, 30, September 6, 2013. FIREWORKS: NSP-June 28, July
12, 19, 26, August 2, 9, 16, 25, BEACH FIREWORKS: July 6, 7, 13, 14, 20, 21, 27, 28, August 3, 4,
10, 11, 17, 18, 24, 25; OC SAND FEST: August 24-30; BEACH MAZE: October 17,18,24,25.
Address for Contract: Donna Abbott, Tourism Director, Ocean City Department of Tourism,
4001 Coastal Highway, Ocean City, Maryland 21842, Telephone: 410-723-8609, FAX: 410-2890058, E-mail: dabbott@oceancitymd.gov
Artist Information: Bob Rothermel, 3 Dorchester St, Ocean City, MD, 21842, Telephone:
410.289.8230, FAX: 410.289.3281, E-mail: Brother911@aol.com.
Wages and Terms: This agreement is for 2015 and 2016 with an option for 2017 to be
exercised September 7, 2015 unless otherwise stated by written notice. Mayor and City Council
agree that Special Event Productions/T.E.A.M. Productions will provide all necessary items and
support to create a five story tall inflatable sphere featuring a visual laser, lighting, video and
audio production with visibility up and down the Boardwalk. There will be three (3) shows per
night. Additionally Special Event/ TEAM will supply all necessary items and support for an 8
minute fireworks display as approved by the Fire Marshall. Special Event/TEAM will produce a
sand art event featuring at least 10 professionally carved giant sand castle styled displays.
Furthermore Special Event/TEAM will create and produce a Beach Maze on the Beach in late
October. In return the Town of Ocean city will reimburse Bob Rothermel D.B.A. Special Event
Productions/ T.E.A.M. Productions $300,000 in each calendar year on a schedule mutually
agreed to by both parties. Actual event days in 2016 and 2017 to follow same pattern as those
set for in 2015 unless otherwise stated in writing and mutually agreed.
Should adverse weather be an issue, a mutually agreeable decision will be made as to
postponement or cancellation.
Accepted and agreed by: ____________________
David Recor
______________________________
Robert A. Rothermel, Jr.
TOWN OF
TO:
THRU:
FROM:
RE:
DATE:
Agenda Item #
5B
Council Meeting
ISSUE(S):
SUMMARY:
FISCAL IMPACT:
RECOMMENDATION:
ALTERNATIVES:
RESPONSIBLE STAFF:
COORDINATED WITH:
ATTACHMENT(S):
INTERDEPARTMENTAL MEMO
DATE
30 June 2014
TO
FROM
SUBJECT
Attached you will find three Department Polices for your review;
1.
S.O.P. OPS 009, titled Deployment of Tire Deflation Devices - Minor changes to existing
policy as highlighted in red.
2.
S.O.P. ADM 011, titled Documentation & Review Process - Pursuit Driving This is a
new policy that was created by removing the procedure from General Order 400 E-1 and
formatting the language into ADM 011. There are no changes to existing policy and
practice as a result.
3.
G.O. 400 E-1, titled Vehicle Operation - Routine and Non-Routine This is an existing
General Order that has been updated to address some current issues of policy/guidance
for officers. Aside from some minor additions, much of the modification cleans up
existing language. I have highlighted new and modified language in red text.
I am available to address questions and/or concerns regarding this policy so please feel free to
contact me at 410-723-6622.
Thank you for your assistance in this matter.
Brian L. Cardamone
Attachment(s)
From:
To:
Subject:
Date:
Dear Brian, I have reviewed the revisions to the above referenced SOPs and GO and I approve of
same without comment.
Guy
via
No.
G.O. 400 E-1
Related Directive:
S.O.P. OPS 009, SOP
ADM - 011
Approval Date:
Effective Date:
Distribution Date:
Distribution Type:
XXXXX
XXXXX
XXXXXX
A
References: C.A.L.E.A. Reference 41.2.1, 41.2.2, 41.2.3, 41.3.3
IACP Vehicle Pursuit Guideline
TABLE OF CONTENTS
I.
Purpose
II.
Definitions
A.
Emergency Call
B.
C.
D.
Pursuit
E.
Pursuit Rated
F.
Reasonable Safety
G.
H.
Termination of Pursuit
III.
Policy
IV.
V.
VI.
VII.
Extra-Jurisdictional Pursuits
A.
B.
VIII.
IX.
Training
Subject:
I.
Purpose:
Employees shall operate police vehicles reasonably and with due regard for the rights
and safety of others at all times and regardless of circumstances. The need to
apprehend a violator of the law or to respond to a location or situation does not normally
justify creation of new or additional risks of injury or death to police officers or to others.
Occasionally, the need to apprehend a criminal or to provide emergency services may
justify driving outside normally applicable laws and rules of the road. Maryland
Transportation Article 21-106 creates only limited exemptions for emergency vehicle
operators.
II.
Definitions:
A.
B.
Emergency Call:
circumstances:
1.
2.
3.
4.
5.
6.
Burglary
b.
Theft
c.
Malicious Destruction;
7.
8.
Subject:
2.
Pursuit Driving:
The non-routine vehicle operation in an effort to
apprehend, stop and/or pursue a violator of the law.
C.
D.
E.
Pursuit Rated: A term used to classify a sport utility style vehicle that is only
equipped with the ability to be driven in two wheel drive (2WD). This type of
police package vehicle is specifically designed and rated for pursuit driving.
F.
Reasonable Safety: Circumstances in which the risks associated with nonroutine vehicle operation are less than the risks created or perpetuated
otherwise, considering on balance:
G.
1.
2.
3.
Time of day;
4.
5.
6.
7.
8.
The capabilities and limitations of the police vehicle and vehicle operator;
9.
10.
11.
12.
13.
Subject:
H.
III.
Policy:
Police vehicle operation shall be within the law, take reasonable account of all facets of
public safety, and reasonably balance all competing risks. Irresponsible, careless and
reckless driving is prohibited and will not be tolerated. Police vehicle operation shall be
at all times consistent with the concept of reasonable safety (as that term is defined
herein) and with all other requirements of this Policy.
IV.
Employees shall adhere to all traffic laws set forth in the Maryland Vehicle Law,
the Code of the Town of Ocean City, Maryland, and Department established
policies and procedures when operating a departmental vehicle.
B.
2.
3.
C.
All reported vehicle damage and maintenance needs shall be forwarded, via
official channels, to the Departments Services Management Section
Commander who will maintain and publish a listing of vehicle damage reports
that can be accessed by supervisors for review purposes.
D.
Employees may drive Department vehicles outside of their scheduled duty days
for court or training attendance. Other official use of vehicles outside of work
hours must be specifically authorized by Special Order or by a Commander.
E.
Vehicles shall normally be kept locked and with the engine off when
unattended. Vehicles shall be considered attended in the following
circumstances:
1.
2.
Subject:
F.
All vehicles returned to their assigned location after use must contain at least
3/4th of a tank of gas.
G.
H.
Employees shall notify the Emergency Communication Center and shall ensure
the following information is recorded in a Call for Service (C.F.S.) report when
transporting a citizen in a departmental vehicle.
1.
2.
3.
4.
5.
6.
V.
B.
Police officers operating an emergency vehicle shall do so with due regard for
the safety of others, recognizing the inherent civil liability associated with
a collision while operating a departmental vehicle in non-routine vehicle
operation. Police officers are not relieved of the duty to exercise such
reasonable care and diligence as the circumstances of the situation may impose.
Subject:
C.
2.
Employees are reminded that the use of audible and visual signals does
not assure that others will be aware of the non-routine operation of a
police vehicle. It is imperative that officers slow and possibly drive the
police vehicle to a complete stop before proceeding through intersections
so as to ensure that the intersection is clear of both vehicles and
pedestrians.
D.
E.
Any vehicle that is not equipped with audible and visible warning signals
2.
3.
F.
Police officers operating sport utility style vehicles or prisoner transport vans
must exercise additional caution in these types of vehicles when operating them
in a non-routine manner as they have increased stopping distances when
compared to police sedans and could potentially roll over at higher speeds and
during evasive maneuvers.
G.
H.
Police officers who are closer to an emergency call than the primary response
unit(s) and who wish to make a non-routine response to the call must first advise
the Emergency Communication Center of his/her location and receive
permission to respond from the Emergency Communication Center or a
supervisor.
I.
Subject:
VI.
J.
K.
Pursuit driving presents a danger to the lives of the public, officers, and suspects
involved in the pursuit. The decision to engage in a pursuit is critical and should
not be made lightly.
B.
C.
Criminal Offenses
a.
Murder
b.
Manslaughter
c.
d.
Rape
e.
f.
Robbery
g.
Carjacking
h.
Kidnapping
i.
j.
k.
Stolen vehicle
Subject:
l.
2.
Traffic Offenses
a.
b.
D.
E.
F.
The fact that a person is operating a vehicle in accordance with the rules of
the road, but fails to stop at the direction of a police officer operating an
emergency vehicle with audible and visual signals activated does not
constitute a pursuit unless evasive tactics are exhibited.
G.
Officers must remember that a pursuit must never create more of a risk
than that originally posed by the suspect. Officers will continually weigh the
risk of a pursuit against the original risk and shall discontinue a pursuit if
circumstances warrant.
H.
2.
Officers are authorized to operate two wheel drive (2WD), pursuitrated sport-utility style vehicles during pursuit driving.
3.
Officers are prohibited from operating four wheel drive (4WD) sport
utility style vehicles during pursuit driving, unless specifically
authorized by a supervisor.
4.
Subject:
Any police officer who engages in pursuit driving shall immediately notify the
Emergency Communication Center of:
1.
2.
3.
4.
5.
The involved police officer shall communicate location, direction of travel, and
speeds involved throughout the pursuit. As soon as reasonably possible, the
police officer shall also communicate other factors enumerated in the definition of
reasonable safety in Section II, Subsection F of this Policy. If there is a
secondary pursuit vehicle in position to do so, the operator of that vehicle shall
take over communication responsibility regarding location, direction of travel,
vehicle speeds, and other available information affecting reasonable safety.
J.
Once information that pursuit driving has been initiated, the Emergency
Communication Center will broadcast all available information that would aid
officers and/or public safety. They shall also notify other law enforcement
jurisdictions that may be affected by the ongoing pursuit in a timely fashion.
K.
L.
If the basic criteria for a pursuit are present, both the involved police officer and
supervisor/commander shall continuously weigh all available information. If at
any point the pursuit no longer satisfies the criteria required for non-routine
vehicle operation, the pursuit shall be immediately terminated and the officer
shall return to routine vehicle operations.
M.
Subject:
N.
Officers engaged in pursuit driving shall maintain a safe distance behind the
pursued vehicle as to assure they do not collide with the pursued vehicle in the
event of a sudden stop, collision or loss of control. Only two police vehicles are
authorized to engage in pursuit driving, unless another is ordered by the involved
supervisor.
O.
A secondary unit may engage in pursuit driving, but shall remain so far behind
the primary pursuit vehicle as to assure that they do not collide with one another.
A secondary pursuit vehicle shall not pass the primary pursuit vehicle unless the
primary vehicle becomes disabled or in a position that would be more
advantageous for the secondary unit to assume the responsibility of the primary
vehicle.
P.
Other units shall not become involved in the pursuit, shall not leave their
assigned areas unless requested or ordered to do so by a supervisor, and shall
not engage in non-routine vehicle operation in order to move with or toward a
pursuit. Rather, they shall stay clear of the pursuit and refrain from nonemergency radio traffic while remaining alert to the location and progress of the
pursuit.
Q.
R.
Police officers shall not shine lights on or toward an approaching pursued vehicle
or other vehicle operators in any manner as this would likely impair vision and
safety of other operators.
S.
T.
If State Police aviation is present during a pursuit and can maintain surveillance
of the pursued vehicle, pursuit driving shall be minimized and further efforts to
apprehend shall be directed by supervisors as aided by air surveillance
information.
U.
If the involved officer cannot maintain continuous radio contact with the
Emergency Communication Center and supervisory personnel, pursuit driving
shall immediately be terminated, unless compelling emergency circumstances or
officer safety issues demand otherwise.
V.
10
Subject:
W.
X.
VII.
In the event that an officer is involved in a motor vehicle collision during the
course of pursuit driving, the officer shall immediately terminate their involvement
and take proper action as is required by the Maryland Transportation Article,
and all other departmental orders and directives unless:
1.
2.
Damage to the unit is minor and it can still be operated without danger;
and
3.
At the conclusion of any vehicular pursuit, high risk stop tactics shall be used by
all officers present when practical.
Extra-Jurisdictional Pursuits:
A.
2.
B.
When a pursuit leaves the corporate limits of Ocean City, officers and
supervisors shall re-evaluate the pursuit to include consideration of the
following factors:
a.
b.
c.
d.
All the factors set forth in the policy as to whether the pursuit can
be conducted in a reasonably safe manner and in compliance with
state law and policy.
Officers are prohibited from entering into a pursuit that was initiated by
another jurisdiction or law enforcement agency unless assigned to the
pursuit by a supervisor.
2.
11
Subject:
3.
VIII.
B.
C.
D.
The Office of Professional Standards shall review the pursuit report completed by
the involved officer and the pursuit module completed by the shift supervisor to
assure compliance with Department policy. Any deviation from policy noted in
pursuit reports shall be reviewed by the Office of Professional Standards and a
recommendation shall be made to the Chief of Police regarding additional action.
This action may involve:
E.
IX.
1.
Policy evaluation
2.
Training
3.
Counseling
4.
Punitive measures
The Chief of Police shall review all pursuit reports and reviews.
Training:
A.
The Training Section, with the assistance of Departments EVOC instructors, will
assure classroom and/or practical instruction in routine and non-routine vehicle
operations is provided to police officers every three (3) years.
B.
12
INTERDEPARTMENTAL MEMO
DATE
14 November 2014
TO
FROM
SUBJECT
Attached you will find our current General Order 500 A-3 concerning Specialty Unit Assignment
and Specialized Training Selection.
We have made several revisions to the policy which I have highlighted red. Section V, SubSection B on page 6 is a complete re-write of the existing policy. The revision adds the use of
written exercises as a selection process for specialized training. The current policy mandates
an interview. In addition to that, the remainder of the revisions are minor wording issues.
I am available to address questions and/or concerns regarding this policy so please feel free to
contact me at 410-520-5301.
Thank you for your assistance in this matter.
Brian L. Cardamone
Attachment
No.
Rescinds:
Amends:
Related Directive:
Dated 07/03/2012
Approval Date:
Effective Date:
XXXXXXX
XXXXXXX
Distribution Date:
XXXXXXX
References:
TABLE OF CONTENTS
I.
Purpose
II.
Definitions
A.
Specialty Unit
B.
Specialized Training
C.
III.
Policy
IV.
V.
A.
Announcement
B.
Selection
Announcement
B.
Selection
VI.
VII.
Training Agreement
Distribution Type:
A
I.
Purpose:
The purpose of this Policy is to ensure that a selection process fair and equitable
process is established and maintained to fill vacancies in the Departments specialty
units and/or to identify select qualified personnel to attend specialized training. Training
opportunities outside the parameters of this Policy will be addressed based on:
A.
B.
The past performance of the employee(s) desiring the available training, and
C.
Such opportunities would include, but are not limited to, advanced associated law
enforcement tactics that enhance an employees ability in his/her current assignment.
II.
Definitions:
A.
Specialty Unit:
For the purpose of this Policy, the following assignments
are considered specialty units:
C.I.D. Major Crimes General Assignment
Traffic Safety Unit
Quick Response Team
Mounted Unit
Canine Unit
Firearms Training Unit
Bike Maintenance Unit
III.
B.
C.
Policy:
A.
B.
The Department will allocate employees to each Division within the organization
in accordance with workload assessments. Each Division Commander will be
responsible for notifying the Chief of Police when individual Division workloads
dictate additional staffing requirements. The final decision to increase personnel
within a Division is the responsibility of the Chief of Police.
2
IV.
Announcement:
1.
b.
c.
d.
i.
Length of service
ii.
Experience
iii.
Education
iv.
Special skills
v.
Rank restrictions
2.
3.
Employees who meet the minimum requirements as set forth in this order
and the advertised vacancy shall forward an intra-departmental
memorandum (Form 95) detailing their interest in the position, via the
Chain of Command, to the Division Commander of the affected unit. The
Division Commander will acknowledge receipt of each expression of
interest via e-mail to the author of the memorandum.
4.
B.
Selection:
1.
2.
3.
4.
5.
6.
7.
8.
V.
Announcement:
1.
b.
c.
d.
e.
i.
Length of service
ii.
Experience
iii.
Education
iv.
Special skills
v.
Rank restrictions
2.
2.
Employees who meet the minimum requirements as set forth in this order
and the advertised training shall forward an intra-departmental
memorandum (Form 95) detailing their qualifications for the training,
through the Chain of Command, to the Training and Recruiting Section
(pdtrain@oceancitymd.gov). The Training and Recruiting Section will
acknowledge receipt of each expression of interest via e-mail to the
author of the memorandum.
3.
B.
Selection:
1.
2.
3.
4.
5.
VI.
a.
b.
c.
b.
c.
B.
C.
VII.
VIII.
2.
C.
In the event personnel below the rank of Lieutenant are offered the opportunity to
attend Command Level/Leadership training, the guidelines set for in IV, B shall
be followed.
D.
The selection process for employees below the rank of lieutenant to attend
command level/leadership training shall consist of a written exercise (Staff Study)
and oral interview with the Chief of Police and two (2) division commanders.
Training Agreement
A.
B.
C.
The terms of the agreement are outlined in the OCPD Training and Recruiting
Form 226
Appendix:
OCPD Training and Recruiting Form 226: Training Agreement
INTERDEPARTMENTAL MEMO
DATE
15 September 2014
TO
FROM
SUBJECT
Attached you will find a revision proposed to General Order 500 N-1, titled Confidentiality
and Security Protocols for Police Records Management. The current policy, and all
similar policies pertaining to confidentiality and security protocols (500 N-2 through N-5),
were implemented in June 1990. We have elected to consolidate the information from
each policy into one comprehensive document with all appropriate updates regarding
release of police reports/information, criminal history, juvenile records and information,
and report request procedures/reproduction fees.
Should you have a question or concern with the language in the attached policy, please
feel free to contact me at 410-723-6622 or gguiton@oceancitymd.gov. I can also make
available to you the current policies if this will assist you in your review.
Thank you for your assistance in this matter.
Gregory Guiton
Attachment
Greg Guiton
From:
Sent:
To:
Subject:
DearCaptainGuiton:
IhavereviewedtheabovereferencedGeneralOrderandIgenerallyapproveofsamesubjecttothefollowingcomment:
ItappearstomethatthelastsentenceinSectionIV.E.2.conflictswithSectionV.Pleasereviewandseeifyouagree
withme,orifnot,givemeacall.
Verytrulyyours,
Guy
F.B.I.N.A.
th
215 Session
PERF SMIP
rd
33 Session
Web: oceancitymd.gov/police
A
References:
Table of Contents
I.
Purpose
II.
Definitions
A.
Custodian
B.
Juvenile
C.
D.
Personal Information
E.
Person in Interest
F.
Public Record
III.
Policy
IV.
V.
VI.
VII.
VIII.
I.
Purpose
The purpose of this policy is to provide officers with guidelines for determining if and
under what conditions records must be maintained, as well as the responsibilities related
to such recordkeeping and production.
The people of this State have a broad right of access to public records while being
weighed against protecting legitimate governmental interests and the privacy rights of
individual citizens. It is the responsibility of the Records Management Section serving as
the custodian of records to determine when federal and state laws and regulations
authorize the release of official Department records. When applicable after weighing
against protecting legitimate governmental interests and the privacy rights of individual
citizens, the public should have access to government records without unnecessary cost
or delay.
The release and dissemination of Department records is the responsibility of the
Records Management Section and only Records Management Section personnel are
authorized to release reports. Records Management Section personnel have a
responsibility to provide such access to police records unless the records must remain
undisclosed for purposes of protecting legitimate governmental interests and the privacy
rights of individual citizens.
A large portion of the information maintained by the Records Management Section is
routine in nature. However, some reports contain personal and sensitive data, and
failure to keep such information confidential can often cause irrevocable damage to the
Department as well as the individual(s) involved. Release of sensitive information may
lead to a loss of public confidence in the police organization, amongst triggering other
direct and indirect consequences. The safeguarding of information is the task of every
member of the Records Management Section and each member shall be constantly
aware of his/her obligations to maintain the strictest confidentiality of all records.
II.
Definitions
A.
Custodian: The official custodian or any other authorized individual who has
physical custody and control of a public record.
B.
Juvenile: Any person under the age of 18. A juvenile waived to adult status is
not considered a juvenile.
C.
D.
III.
E.
F.
Public Record: Public record means the original or any copy of any
documentary material that is made by a unit or instrumentality of the State
government or of a political subdivision or received by the unit or instrumentality
in connection with the transaction of public business and is in any form, including:
card; computerized record; correspondence; drawing; film or microfilm; form;
map; photograph or Photostat; audio/image recording; and tape.
Policy
The Department recognizes the vital responsibility of its record keeping requirements
and its dissemination of public information. As such, the Department shall always be
cognizant of protecting legitimate governmental interests and the privacy rights of
individual citizens when making determinations regarding the release of records or
documents pertaining to Department activities.
Recognizing the intrusiveness of producing personal information, the Department will
safeguard documents with the utmost scrutiny, with proper authority and due recognition
to the procedural guidelines for such records as set forth in this policy.
IV.
Review of Reports
Prior to the release of any report or report information, the entire case file shall
be reviewed to determine whether disclosure would prejudice a Department
investigation or constitute an unwarranted invasion of personal privacy. The
report review shall be completed by the Records Management Section
supervisor or his/her designee.
In some instances (e.g., pending criminal case or civil action involving the Town)
reports and report information may also require review by the State's Attorney's
Office and/or the City Solicitor's Office prior to release.
B.
1.
2.
3.
The courts, State's Attorneys Offices, Ocean City Solicitor's Office and
the Department of Parole and Probation.
Other agencies, even though they may have the power of arrest, may not
be entitled to unrestricted reports and report information. Their requests
should be handled in the same manner as requests made by
complainants and victims.
C.
D.
1.
2.
If more than the cover sheet and property report are requested, a
determination shall be made by the reviewing authority as to release.
3.
Complainants and victims are entitled to the name, address and date of
birth of any adult suspect for the purposes of completing an Application
for Statement of Charges in the Maryland District Court.
E.
1.
2.
F.
1.
2.
An adult arrestee's name when charges have been placed against them.
This includes juveniles if and when charged as an adult. This information
can only be released if the case has not been adjudicated in court. If the
case has been adjudicated, it becomes criminal history and the arrestees
information can only be released as outlined in Section V of this General
Order.
G.
H.
1.
2.
Redactions
The following information shall be considered confidential and shall not be
released without approval of the Records Management Section Supervisor or
his/her designee:
1
2.
3.
4.
5.
V.
6.
7.
8.
Any report, or portion of a report, that could, by its release, interfere with
an on-going investigation or compromise the safety and identity of an
undercover police operative;
9.
10.
11.
12.
Dissemination of C.H.R.I.
1.
Individuals
A person may inspect his/her own C.H.R.I. maintained by the
Department. This does not include arrest information from other
jurisdictions. Copies of C.H.R.I. may only be obtained from the Maryland
State Police Criminal Records Central Repository (C.R.C.R.).
2.
Defense Attorneys
An attorney may inspect Department maintained C.H.R.I. of his/her client,
after he/she presents written authorization from that client. The right of
review does not extend to providing a copy of the information.
3.
These cases might include State's Attorney's records checks for court,
court commissioners' inquiries about bail hearings, or requests from
officers of other agencies regarding C.H.R.I. in reference to an on-going
investigation. When any such information is released, it should be noted
on the appropriate dissemination logs.
4.
5.
b.
c.
d.
e.
f.
C.H.R.I. to Be Released
When a request for a check of Department maintained C.H.R.I. is received, the
Records Management Section employee shall check the Departments records.
1.
2.
3.
C.
D.
VI.
2.
Juvenile Records
1.
Juvenile records are confidential and may not be released without a court
order except to law enforcement agencies that are actively investigating
or prosecuting the child. See, infra, VI
2.
When a juvenile has been waived to adult status, all files on that specific case
are to be treated as adult files.
1.
An adult arrest folder shall be prepared and maintained, that includes the
specific juvenile charge that was waived.
2.
A note shall be placed in the juvenile arrest folder indicating that a charge
has been waived to adult status and an adult folder has also been
established.
3.
All future information pertaining to the case in which the juvenile was
waived will be placed in the adult folder.
4.
5.
In cases where a juvenile has been waived to adult status, the information
pertaining to the arrest shall be handled the same as with any other adult
offender.
6.
B.
C.
2.
The contents of these arrest records may not be divulged to the public,
except by order of the court. When a court order is obtained for release
of a juvenile arrest record or information, a copy of the order is to be
attached to the original report and placed in the appropriate file or case
folder.
3.
Parents and the juvenile are not entitled to review or receive copies of
juvenile arrest records.
4.
5.
6.
Any law enforcement agency may access juvenile arrest records in order
to investigate or prosecute a child.
D.
2.
VII.
Inspection or copies. Any person may request to inspect or copy public records
of the Department.
1.
2.
3.
B.
a.
the Act or any other law may prevent the disclosure of the public
record to the applicant; or
b.
If the applicant requests one or more copies of any public record of the
Department, the custodian may require a written request. A written
request shall: contain the applicants name and address; be signed by
the applicant; and reasonably identify, by brief description, the public
record sought. A request to inspect or copy a public record of the
Department shall be addressed to the custodian of the record. If the
custodian is unknown, the request may be addressed to the Chief of
Police.
Response to a Request
If the custodian decides to grant a request for inspection, the custodian shall
produce the public record for inspection immediately, or 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.
If the custodian decides to deny a request for inspection, the custodian shall do
so within 30 days after the request and immediately notify the applicant of the
denial.
If a request is denied, the custodian shall provide the applicant, at the time of
denial or within 10 working days, a written statement that gives the reasons for
the denial, the legal authority for the denial and notices of the remedies available
for review of the denial.
If a requested public record is not in the custody or control of the person to whom
the application is made, that person shall, within 10 working days of the receipt of
the request, notify the applicant that the person does not have custody or control
All Public Information Act (Act) shall be conducted pursuant to the requirements provided in State
Government Article 10-611 et seq.
10
of the requested public record and the name and/or location of the public record
if known by the person.
With consent of the applicant, any time limit imposed may be extended for an
additional period of up to 30 days.
C.
D.
E.
Review of Denial
If the custodian denies a request to inspect or copy a public record of the
Department, the applicant may, within 30 days after receipt of the notice of
denial, request an administrative hearing.
F.
Denial pending Court Order: If, in the opinion of the Chief of Police,
disclosure of a public record maintained by the Department otherwise
subject to disclosure under the Act would do substantial injury to the
public interest, the Chief of Police may temporarily deny the request to
obtain a court order allowing nondisclosure. The temporary denial shall
be in writing.
2.
Circuit Court Review: Within 10 working days after the denial, the Chief
of Police shall apply to the appropriate circuit court for an order permitting
continued denial or restriction of access. Notice of the Chief of Polices
complaint shall be served on the applicant in the manner provided for
service of process by the Maryland Rules of Procedure.
11
G.
H.
2.
3.
a.
b.
Sociological information;
c.
d.
e.
Alarm systems.
Discretionary Denials
See, supra, Section VII. F.
I.
12
All requests for police records must be made in writing on the Police Report
Request form. This requirement does not apply to Department employees,
employees from allied law enforcement agencies, States Attorneys Offices,
courts, or any other official requests.
B.
The fee schedule for copying and certifying copies of public records of the
Department shall reflect those amounts specifically set by law; otherwise, the
Department shall determine reasonable fees for copying and preparation of
public records as outlined in paragraph C of this section.
C.
1.
2.
The custodian may not charge a search or preparation fee for the first two
hours that an official or employee spends to respond to a request for
public records. The custodian may charge a reasonable fee for additional
time spent beyond the initial two hours searching and preparing public
records for inspection or copying.
3.
The custodian may waive or reduce any fee set under this regulation if
the applicant requests a waiver and the custodian determines that the
waiver or reduction is in the public interest. The official custodian shall
consider, among other relevant factors, the ability of the applicant to pay
the fee.
Fee Schedule
1.
$10.00 flat fee for all reports five pages in length or less. An additional
$1.00/page for reports in excess of five pages.
2.
3.
4.
13