6.2 Public Information Act Request

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Centreville Police Department
Title: Public Information Act Request Directive #: 6.2
Issued: 10.1.2016 Revised: 10.1.2016
Approved by: Charles M. Rhodes, Jr.
Chief of Police
A. Introduction
The release of public records is governed by the Maryland Public Information Act, Annotated Code of
Maryland, State Government Article, Title 10, Subtitle 6. This Act is analogous to the Federal Freedom of
Information Act, which governs the disclosure of federal public records. Generally, a custodian shall permit
the inspection of any public record at any reasonable time. However, there are several categories of
exceptions to the general rule of disclosure, some of which are mandatory exceptions and some of which are
permissible. Specific questions regarding the application of mandatory and permissible denials of access to
public records will be addressed by the Town Legal Counsel.
1. Requests for access to public records that go beyond the scope of routine information and which may
involve sensitive or controversial issues will be reported immediately to the Chief of Police. Requests
include both oral and written requests from citizens, the media and other governmental units.
2. The Chief of Police and/or Town Legal Counsel will be made aware of public information requests in an
effort to determine the Department's obligations under the Public Information Act. The Chief of Police
will then determine under what circumstances access to the public record will be allowed.
3. The Chief of Police will be responsible for coordinating the time and place of access with the requesting
party, or of advising the requesting party of a denial of access to the records.
4. Under no circumstances should Department personnel attempt to address a public information request
such as described below except upon direction of the Chief of Police.
B. Definitions
1. Applicant - Any person requesting disclosure of public records.
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2. Person In Interest - One who is the subject of a report, e.g., a victim or accused, or any representative
designated by the person in interest (except one who may be under legal disability), parent or duly
appointed legal representative.
3. Custodians - Chief of Police, Lieutenant, or their designees who can, by the very nature of their daily
exposure to the types of records requested, make an appropriate determination as to which records, if
any, may be released.
4. Public Record - The original or any copy of any documentary material that is made or received by any unit
of state government in connection with the transaction of public business. A public record may be in any
form, including: a card; a computerized record; correspondence; a drawing; a file or microfilm; a form; a
map; a photograph or Photostat; a recording; or, a tape.
5. Administrative Records - Correspondence and reports which relate to the internal management and
general administration of the Department, e.g., special orders, memoranda, status reports, etc.
6. Investigative Records - Correspondence and reports of criminal and non-criminal investigations, laboratory
records, and records of impounded properties, and all pre-employment investigation records.
7. Intelligence Records - Correspondence and reports which relate to the internal management and general
administration of the Criminal Investigations Division.
8. Work Days - Monday through Friday.
C. Records Not Subject to Disclosure
1. Disclosure of certain classes of records is limited by statute. They are:
a. Private detective investigations.
b. Juvenile records.
c. Personnel files, except that such files should be available to the person- in-interest or appropriate
administrative personnel. Certain portions of pre-employment information contained in any
employee's personnel file may be kept confidential.
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d. Physical and mental health records, exclusive of autopsy reports.
e. All correspondence relating to matters in litigation by the Department.
f. Criminal records as defined in Public Safety Article, Annotated Code of Maryland.
g. Home address or telephone number of any employee of the Department or any Town employee,
except with the permission of the employee. However, if the Chief of Police determines that
disclosure of the address or number is necessary to protect the public interest, disclosure will be
allowed.
h. On motor vehicle accident reports, where a juvenile is charged with a violation of the Transportation
Article or Md. Code Ann. CR 2-501, Homicide by Motor Vehicle, which upon conviction may involve
incarceration as all or part of the penalty, all reference to charges shall be purged prior to the release
of the report.
2. Administrative records, including invoices, bid proposals, and budgetary information are generally
available for public inspection. However, some administrative records otherwise available for public
inspection should not be made available. If there is any doubt as to whether information should be
released, the assistance of the Town Legal Counsel will be sought.
3. Incident Reports of an investigatory nature will be reviewed by the Criminal Investigations Supervisor prior
to public release. Generally, any report that is considered open or is part of on-going investigation, should
not be released.
D. Procedures
1. Requests for the reproduction or inspection of public records shall be made in writing.
2. Custodians shall consider all applications consistent with directives in this section. If the custodian is
unable to determine the propriety of releasing the records which are requested, they shall seek legal
counsel advice.
3. If the records requested are available and the request approved, the record will be forwarded to the
applicant, after payment of the required fee(s).
4. If the records requested are not in the custody of the Department, the custodian shall notify the applicant,
in writing, within ten working days of such request. If the records are in active use or are in storage and
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not immediately available, the applicant shall be notified by the custodian within ten working days of such
request. Notification shall indicate when the record may be available.
E. Grounds to Deny Access
1. Requests to access Department records may be handled differently depending on whether applicants are
persons-in-interest or others.
2. Persons-in-interest may be denied access to those law enforcement records that are investigative in
character. If a reason for denial exists, a determination must be made as to how much of the document
need be denied. The reasons for denying access are that inspection would:
a. Interfere with valid and proper law enforcement proceedings.
b. Deprive a person of a right to a fair trial or an impartial adjudication.
c. Constitute an unwarranted invasion of personal privacy.
d. Disclose the identity of a confidential source.
e. Disclose an investigative technique or procedure.
f. Prejudice an investigation.
g. Endanger the life or physical safety of any person.
3. The Department may deny access to investigatory records if disclosure is contrary to public interest. In
order to restrict the disclosure of non-investigative law enforcement records, however, the Department
would need to obtain a determination from the circuit court of the county where the records are located.
4. If the reviewer denies the request, the reason, citing the law or regulation, will be documented on a
‘Public Information Request’ form, which must then be forwarded to the Town Legal Counsel.
5. The Town Legal Counsel will review the denial reason to assure that it complies with statutory
requirements and that the notice of denial going to the applicant contains the proper information. After
completion of the review, the request will be forwarded to the Chief of Police for disposition.
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F. Flow and Filing of Applications
When final disposition has been reached (e.g., fee for approved request has been received and the copies
have been sent or there is no litigation on a denied request), the request will be filed in the Records Room.
G. Procedures for Review of a Criminal History Record
1. All requests for copies of Criminal History Records will be referred to the Maryland State Police,
CJIS-Central Repository (CJIS-CR), at MSP Headquarters.
a. An offender held in custody at a law enforcement agency, detention center, or correctional institution
as the result of a court action may file a request and subsequently be permitted to review his criminal
history record at the location of his confinement.
b. Any attorney may review his client's criminal history record if he satisfactorily establishes his identity
and presents a written authorization from his client.
c. Maryland State Police CJIS-CR will verify the identity of the applicant.
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