COMCOR Misc. 01 Requests under the Maryland Public Information Act

These regulations establish procedures for filing requests with Montgomery County for the inspection and copying of records under the Maryland Public Information Act. It is the County's policy to facilitate access to its public records by minimizing costs and time delays to persons requesting inspection of public records.

These regulations must be interpreted consistent with the Act and, in case of conflict, the Act governs. These regulations are not intended to create any legal rights for any person beyond those in the Act.

The following agencies will comply with this regulation, subject to modification by Council resolution: County Council, Board of Appeals, Merit System Protection Board, Office of Hearing Examiner, Inspector General, Office of Legislative Oversight, and People's Counsel.

A. “Act” or “Maryland Public Information Act” means Md. Code Ann., State Gov't §§ 10-611 through 10-628 (2000), as amended.

B. “Applicant” means a person requesting disclosure of a public record.

C. “Department” means any organizational unit in the Executive branch of the County government, including a Department, Office, Authority, Agency, Board, Committee or Commission responding to a request under the Act.

D. “Custodian” means an authorized Department employee having personal custody and control of public records of the Department.

E. “Official Custodian” means the person who is responsible for the maintenance, care, and keeping of the Department's public records. Unless otherwise provided by law, the Department Director is the official custodian of the Department's records.

F. “Public record” or “record” means the original or any copy of any documentary material, regardless of physical form or characteristics, made or received in connection with the transaction of public business.

G. “Director” means the Director, Executive Director, Agency Head, Chair or other person in charge of the Department, including a designee.

H. “Working day” means a day other than Saturday, Sunday, or County holiday.

Any person may request to inspect or copy any Department's public records. The custodian must refer a request to the County Attorney's Office if the custodian knows that the applicant is a party (or acting on behalf of a party) in litigation with either the County or a County employee.

A. Inspections.

A written request must reasonably identify the record sought. The request must include the applicant's name, address, and telephone number. If the request is unclear or unreasonably broad, the custodian may ask the applicant to clarify or, if possible, narrow the request. If the requested record would be available to a “person in interest” under the Act, the custodian may ask the applicant to provide information to determine if the applicant is a person in interest.

The applicant must address the written request to the record's custodian or official custodian. If the applicant does not know either the custodian's or the official custodian's name, the applicant may address the request to the Director of the Department that has custody of the record.

A. If the custodian grants a written request for inspection, the custodian must produce the record for inspection immediately or, where a period of time is needed to retrieve the information, within a reasonable period of time not to exceed 30 days from the date of the request.

B. Any denial of a request must be done within 30 days of receipt of the written request. Any decision for denial must be reviewed by the County Attorney's Office before it is sent to the applicant. Within 10 working days of a denial, the custodian must also provide the applicant with a written statement containing the reasons for the denial, the legal authority for the denial, and notice of any remedies under the Act for review of the denial.

C. If a requested public record is not in the custody or control of the person to whom written application is made, that person must so notify the applicant within 10 working days of receipt of the request. That person must also provide the applicant the name of the custodian of the record or the location or possible location of the record, if known.

D. With the consent of the applicant, the custodian may extend any time limit imposed by this section for an additional 30 days.

Unless prohibited by law, the custodian may notify any person who could be adversely affected by disclosure of a public record in response to a request for inspection or copying. If the custodian decides to solicit the views of any affected person, the custodian may consider those views before deciding whether to disclose the record to the applicant. If the custodian decides to disclose a record contrary to the request of that person, the custodian may first provide that person an opportunity to file an appropriate action to prevent the disclosure.

If the custodian denies a written request, the applicant may file an appropriate action in the circuit court under § 10-623 of the Act.

If, in the opinion of the official custodian, disclosure of a public record that the custodian must otherwise disclose under the Act would do substantial injury to the public interest, the official custodian, after conferring with the County Attorney’s Office, may temporarily deny the request in writing and apply within 10 working days of the denial to the circuit court for an order permitting continued denial or restriction of access.

A. The following schedule governs the fees for copying and certifying records. The Executive may amend these fees by regulations issued under method 3.

The applicant may inspect any public record that the applicant is entitled to inspect during the Department's normal working hours.

The applicant must inspect the records where they are maintained unless the custodian, after taking into account the applicant's request to inspect the records at another location, determines that another place of inspection is more suitable and convenient.