January 27 2015 Complete Agenda

8/9/2019 January 27 2015 Complete Agenda

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MAYORANDCITYCOUNCIL

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.

Requestto

Approve

Ocean

City

Police

Department

General

Orders

presented

by

Police

Captain

1. G.O.400E1VehicleOperationRoutineandNonRoutine

2. G.O.500A3SpecialtyUnitAssignment&SpecializedTrainingSelection

3. G.O.500N1ConfidentialityandSecurityProtocolsforPoliceRecordsManagement

6. ADJOURN


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WORK SESSION -MAYOR AND CITY COUNCIL

TUESDAY, JANUARY 27, 2015

2. Report on Closed Session January 27, 2015 12:00

1:00 p.m. Legal and Contractual Matters


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NOTICE OF CLOSED SESSION OF MAYOR & CITY COUNCIL OF OCEAN CITY

AUTHORITY: State Government Article: Section 10-508(a) Annotated Code of Maryland

PURPOSES:

1. To discuss:

(i) the appointment, employment, assignment, promotion, discipline, demotion,

compensation, removal, resignation or performance evaluation of

appointees, employees or officials over whom it has jurisdiction; or(ii)

any other personnel matter that affects one or more specific individuals;

2. To protect the privacy or reputation of individuals with respect to a matter that isnot related to public business

3. To consider the acquisition of real property for the public purpose and matters

directly related thereto;

4. Consider a matter that concerns the proposal for a business or industrial

organization to locate, expand or locate in the state;

5. Consider the investment of public funds;

6. Consider the marketing of public securities;

X 7. Consult with counsel to obtain legal advice;

8. Consult with staff, consultants or other individuals about pending or potentiallitigations;

9. Conduct collective bargaining negotiations or consider matters that relate to the

negotiations;

10. Discuss public security if the public body determines that public discussionwould constitute a risk to the public or public security, including;

a) the deployment of fire and police services and staff; and

b) the development and implementation of emergency plans

11. Prepare, administer or grade a scholastic, licensing or qualifying examination;

12. Conduct or discuss an investigative proceeding on actual or possible criminal

conduct;

13. Comply with a specific constitutional, statutory or judicially imposedrequirement that prevents public disclosures about a particular proceeding or

matter; or

X

14. Before a contract is awarded or bids are opened, discuss a matter directly related

to a negotiation strategy or the contents of a bid or proposal, if public discussionor disclosure would adversely impact the ability of the public body to participate

in the competitive bidding or proposal process

DATE AND TIME: Tuesday, January 27, 2015 12:00 p.m.

PLACE: City Hall

SUBJECT: Legal and Contractual Matters

VOTE: UNANIMOUS

OTHER: FOR:

AGAINST:

ABSTAIN:

ABSENT:


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REPORT OF CLOSED SESSION

OF THE MAYOR AND CITY COUNCIL OF OCEAN CITY

Prior to this open session of the Mayor and City Council being held on Tuesday,

January 27, 2015, a closed session was held on Tuesday, January 27, 2015 at

12:00 p.m. The following is a report of the closed session.

1. A statement of the time, place, and purpose of the closed session is attached.

2. A record of the vote of each member as to closing the session is attached.

3. A citation of the authority under the law for closing the session is attached.

4. (a) Topics of Discussion: Legal and Contractual Matters

(b) Persons present:

Mayor Richard Meehan

City Manager David RecorCouncil President Lloyd Martin

Council Secretary Mary Knight

Council Members Doug Cymek; Dennis Dare; Wayne Hartman; Matt James;and Tony DeLuca

City Solicitor Guy AyresExecutive Office Associate Diana Chavis

Action(s) taken:

Motion to close meeting:

Time:

H:\Wpdoc\closedsess.wpd


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3. ACKNOWLEGEMENTS AND RECOGNITIONS

A. Retirement Recognition of Fire/EMS Captain Rex Foxwell


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IN APPRECIATION OF REX FOXWELL30 YEARS OF SERVICE

REX FOXWELL has contributed Thirty (30) years of

dedicated service to the Town of Ocean City, where he began hiscareer in 1985; and

WHEREAS, REX FOXWELL has played an integral role in the Townof the Ocean Citys Fire Department for the past 30 years; and

WHEREAS, During his career, Rex was responsible for qualityassurance and quality improvement in Emergency Medical Services,assuring that residents and visitors whom we serve receive highquality emergency medical care and customer service. Rex assistedmanagement with hiring processes, EMS training and labor contractnegotiations and contract preparation.

NOW, THEREFORE, I, Richard W. Meehan, Mayor of the Town ofOcean City, Maryland, along with the Ocean City Council, do herebycommend Rex for his Thirty (30) years of devoted service and wishhim a happy and healthy retirement.

IN WITNESS WHEREOF, I have hereunto set my hand and causedthe Great Seal of the Town of Ocean City, Maryland to be affixed this27th day of January, in the year of Our Lord two thousand andfifteen.

______________________________RICHARD W. MEEHANMayor


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B.Retirement Recognition of Solid Waste Worker

Douglas R. Lewis


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IN APPRECIATION OF DOUGLAS R. LEWIS24 YEARS OF SERVICE

DOUGLAS R. LEWIS has contributed Twenty-four

(24) years of dedicated service to the Town of Ocean City, where hebegan his career in 1990; and

WHEREAS, Doug Lewis has played an integral role in the Town ofthe Ocean City Public Works Department Solid Waste Division forthe past Twenty-four (24) years; and

WHEREAS, Doug is a very talented automated truck driver and hasbeen a true asset to the Solid Waste Division; and

NOW, THEREFORE, I, Richard W. Meehan, Mayor of the Town ofOcean City, Maryland, along with the Ocean City Council, do herebycommend Doug for his Twenty-four (24) years of devoted serviceand wish him a happy and healthy retirement.

IN WITNESS WHEREOF, I have hereunto set my hand and causedthe Great Seal of the Town of Ocean City, Maryland to be affixed this

31st

day of January, in the year of Our Lord two thousand and fifteen.



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C. Retirement Recognition of Sound/Light Technician

Gerald Dennis


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IN APPRECIATION OF GERALD DENNIS37 YEARS OF SERVICE

GERALD DENNIS has contributed Thirty-seven (37)years of dedicated service to the Town of Ocean City, where he beganhis career in 1977; and

WHEREAS, Gerald Dennis has played an integral role in the Town ofthe Ocean Citys Tourism Department at the Ocean City ConventionCenter for the past 37 years; and

WHEREAS, Gerald is a very talented Sound and Light Technician

and has been a true asset at the Convention Center; and

NOW, THEREFORE, I, Richard W. Meehan, Mayor of the Town ofOcean City, Maryland, along with the Ocean City Council, do herebycommend Gerald for his Thirty-seven (37) years of devoted serviceand wish him a happy and healthy retirement.

IN WITNESS WHEREOF, I have hereunto set my hand and causedthe Great Seal of the Town of Ocean City, Maryland to be affixed this

27th day of January, in the year of Our Lord two thousand andfifteen.



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WORK SESSION -MAYOR AND CITY COUNCILTUESDAY, JANUARY 27, 2015

4. COMMENTS FROM THE PUBLIC

Any person who may wish to speak on a matter scheduled for discussion on the Work

Session Agenda may be heard during Comments from the Public for a period of three

(3) minutes or such time as may be deemed appropriate by the Council President.

Anyone wishing to be heard shall state their name, address and the subject on which

he or she wishes to speak.


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5. NEW BUSINESS

A.Request to Approve TAB Funding Allocations presented by

Greg Shockley, Chairman


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TOWN OF

T h e Wh i t e M a r l i n Ca p i t a l o f t h e Wo r l d

TO: The Honorable Mayor, Council President and Members of CouncilTHRU: David L. Recor, ICMA-CM, City ManagerFROM: Donna Abbott, Tourism & Marketing DirectorRE: TAB recommendation to fund 2015 eventsDATE: January 16, 2015

ISSUE(S): TAB recommends funding events proposed for 2015 and 2016 byTeam Productions and Bikefest 2015 from its TourismDepartment allocation.

SUMMARY: At its December 4, 2014 meeting, TAB reviewed a proposal fromTEAM Productions. TEAM Productions has requested a three-yearcommitment to fund laser shows on Sundays with fireworkseffects, fireworks shows on the beach downtown on Mondays andTuesdays in July and August, fireworks at Sundaes in the Park,fall events (beach maze, pet parade and pumpkin race), and thereturn of Sandfest featuring sand sculptures and interactiveactivities mid to late August.

TAB unanimously approved a recommendation to fund $300,000for TEAM-produced events for 2015 and 2016. TAB requestedTEAM return to TAB in the fall for an update before a third year isagreed upon.

TAB also voted unanimously to recommend financial support of$20,000 to OC Bikefest to assist in marketing and funding ofentertainment for its 2015 event.

FISCAL IMPACT: There is $67,116 available in the FY 2015 TAB allocation in theTourism Department budget. $300,000 is currently proposed forTAB allocation in FY16.

RECOMMENDATION: Approve TAB funds for the event.

1stClass Resort & Tourist Destination

ALTERNATIVES: Do not approve.

RESPONSIBLE STAFF: Donna Abbott, Tourism & Marketing Director

COORDINATED WITH: Tourism Advisory Board

ATTACHMENT(S): 1) TEAM Productions proposed contract2) Bikefest application for TAB funding

Agenda Item # 5A

Council Meeting January 27, 2015


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EVENTCONTRACT

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: 410-289-

0058, E-mail:[email protected]

Artist Information: Bob Rothermel, 3 Dorchester St, Ocean City, MD, 21842, Telephone:

410.289.8230, FAX: 410.289.3281, E-mail:[email protected].

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 andaudio 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.
mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]


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5. NEW BUSINESS

B.Request to Approve Ocean City Police Department General

Orders presented by Police Captain

1. G.O. 400 E-1 Vehicle Operation Routine and Non-Routine

2.

G.O. 500 A-3 Specialty Unit Assignment & Specialized

Training Selection

3.

G.O. 500 N-1 Confidentiality and Security Protocols for

Police Records Management


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TOWN OF

T h e Wh i t e M a r l i n Ca p i t a l o f t h e Wo r l d

TO: The Honorable Mayor, Council President and Members of the Council

THRU: David L. Recor, ICMA-CM, City ManagerFROM: Chief Ross Buzzuro

RE: Police Department General Order RevisionsDATE: January 20, 2015

ISSUE(S): Revisions to the following OCPD General Orders:G.O. 400 E-1, G.O. 500 A-3, G.O. 500 N-1

Upon approval, the following General Orders shall be rescinded:

G.O. 500 N-2, N-3, N-4, and N-5

SUMMARY: The three (3) policies contain updates regarding operational

components within the Department.

G.O. 400 E-1 pertains to routine and non-routine vehicleoperations. G.O. 500 A-3 incorporates the use of technology to

facilitate selection processes to attend specialized training venues.G.O. 500 N-1 updates five (5) separate 25-year-old policies into

one comprehensive policy pertaining to record management

retention and confidentiality.

FISCAL IMPACT: There would be no fiscal impact in FY 2015.

RECOMMENDATION: Approve revision recommendations.

Excellent Service through a High Performing Town Organization

ALTERNATIVES: No staff alternatives suggested.

RESPONSIBLE STAFF: Captain Greg Guiton

Lieutenant Brian Cardamone

COORDINATED WITH: City Solicitor Guy Ayres

Chief Ross Buzzuro

ATTACHMENT(S): General Orders 400 E-1, 500 A-3, and 500 N-1

Agenda Item # 5B

Council Meeting January 27, 2015


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INTERDEPARTMENTAL MEMO

DATE : 30 June 2014

TO : Guy Ayres, Attorney at LawCity Solicitor

FROM : Brian Cardamone, LieutenantPolice Department

SUBJECT : Department Policy Review

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 existingpolicy as highlighted in red.

2. S.O.P. ADM 011, titled Documentation & Review Process - Pursuit Driving This is anew policy that was created by removing the procedure from General Order 400 E-1 andformatting the language into ADM 011. There are no changes to existing policy andpractice as a result.

3. G.O. 400 E-1, titled Vehicle Operation - Routine and Non-Routine This is an existingGeneral Order that has been updated to address some current issues of policy/guidancefor officers. Aside from some minor additions, much of the modification cleans upexisting 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 tocontact me at 410-723-6622.

Thank you for your assistance in this matter.

Brian L. Cardamone

Attachment(s)


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From: Carol Ann Beres

To: Brian Cardamone

Subject: S.O.P. OPS 009, S.O.P. ADM 011 and G.O. 400 E-1

Date: Tuesday, July 01, 2014 4:42:32 PM

Dear Brian, I have reviewed the revisions to the above referenced SOPs and GO and I approve of

same without comment.

Guy

via

Caro l Ann Ber es

Ayres, Jenkins, Gordy & Almand, P.A.

6200 Coastal Highway, Suite 200

Ocean City, MD 21842

410-723-1400 x 111

410-723-4730 (fax)

[email protected]
mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]


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Ocean City Police DepartmentGeneral Order

TABLE OF CONTENTS

I. Purpose

II. Definitions

A. Emergency Call

B. Non-Routine Vehicle Operation

C. Primary Response Units

D. Pursuit

E. Pursuit Rated

F. Reasonable Safety

G. Routine Vehicle Operation

H. Termination of Pursuit

III. Policy

IV. Routine Vehicle Operation, Maintenance & Use of Police Vehicles

V. Non-Routine Vehicle OperationEmergency Response Driving

VI. Non-Routine Vehicle OperationPursuit Driving

VII. Extra-Jurisdictional Pursuits

A. Inter-Jurisdictional Pursuits Initiated by the Ocean City Police Department

B. Inter-Jurisdictional Pursuits Initiated by Outside Agencies that Enter Ocean City

VIII. Reporting and Review

IX. Training

Subject:Vehicle Operation - Routine and Non-Routine

No.G.O. 400 E-1

Rescinds: Amends:G.O. 400 E-1 (Dated: 2/7/2012)

Related Directive:S.O.P.OPS 009, SOP

ADM - 011Approval Date:XXXXX

Effective Date:XXXXX

Distribution Date:XXXXXX

Distribution Type:A

References: C.A.L.E.A. Reference 41.2.1, 41.2.2, 41.2.3, 41.3.3IACP Vehicle Pursuit Guideline


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Subject: Vehicle Operation - Routine and Non-Routine G.O. 400 E-1

2

I. Purpose:

Employees shall operate police vehicles reasonably and with due regard for the rightsand 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 normallyjustify 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. MarylandTransportation Article 21-106 creates only limited exemptions for emergency vehicleoperators.

II. Definitions:

A. Emergency Call: A call for police service that involves any of the followingcircumstances:

1. Traffic collision with personal injury;

2. Assist E.M.S / Ambulance when communications confirms a seriousmedical problem, such as cardiac arrest, drowning, or life threateninginjury.

3. Assist Fire Department when communications confirms report of smokeor active fire.

4. An officer in trouble, and requiring immediate assistance;

5. In-progress crimes against persons;

6. In-progress crimes of:

a. Burglary

b. Theft

c. Malicious Destruction;

7. Any other situation which may necessitate such response at thediscretion of a supervisor.

8. When engaged in pursuit driving as defined in Section II, B., 2 anddescribed in Section VI of this policy.

B. Non-Routine Vehicle Operation: The operation of an emergency vehicleoutside normal traffic laws and rules of the road as in the case of:

1. Emergency Response Driving: The non-routine vehicle operation forthe purpose of responding to emergency calls for police service or to alocation requiring immediate police presence or service due to anemergency.


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2. Pursuit Driving: The non-routine vehicle operation in an effort toapprehend, stop and/or pursue a violator of the law.

C. Primary Response Unit: Police officer(s) dispatched to an emergency call,or specifically authorized to respond to an emergency call by CommunicationCenter personnel or a police supervisor, or engaged in pursuit driving.

D. Pursuit: When a police officer operating an authorized emergency vehicle withboth lights and siren activated attempts to apprehend a fleeing suspect of acriminal or traffic offense outlined in this policy and said suspect exhibits evasivetactics to avoid apprehension.

E. Pursuit Rated: A term used to classify a sport utility style vehicle that is onlyequipped with the ability to be driven in two wheel drive (2WD). This type ofpolice package vehicle is specifically designed and rated for pursuit driving.

F. Reasonable Safety: Circumstances in which the risks associated with non- routine vehicle operation are less than the risks created or perpetuated

otherwise, considering on balance:

1. The seriousness and/or dangerousness of the crime or matter warrantingpolice involvement;

2. Pedestrian and vehicular traffic patterns and volume;

3. Time of day;

4. Road conditions, weather conditions, lighting, and visibility;

5. Terrain (curves, hills, buildings, etc.);

6. The type of roadway and speeds involved;

7. Likely effectiveness or ineffectiveness of audible and visible warningsignals;

8. The capabilities and limitations of the police vehicle and vehicle operator;

9. Involved officer(s) and supervisor(s) familiarity with the area of travel;

10. The quality of radio communications;

11. Alternate (safer) methods of resolving the incident;

12. Likelihood of apprehending a suspect;

13. Any other factors increasing or decreasing risks.

G. Routine Vehicle Operation: The operation of a motor vehicle in conformancewith normal traffic laws and rules of the road.


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H. Termination of Pursuit: The discontinuation of the pursuit and return to routinevehicle operation.

III. Policy:

Police vehicle operation shall be within the law, take reasonable account of all facets ofpublic safety, and reasonably balance all competing risks. Irresponsible, careless andreckless driving is prohibited and will not be tolerated. Police vehicle operation shall beat all times consistent with the concept of reasonable safety (as that term is definedherein) and with all other requirements of this Policy.

IV. Routine Vehicle Operation, Maintenance & Use of Police Vehicles:

A. 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 establishedpolicies and procedures when operating a departmental vehicle.

B. An employee, assigned as the vehicle driver, shall be responsible for thevehicles cleanliness and equipment organizationand shall inspect said vehiclefor damage before use. The employee shall report the following to his/hersupervisor:

1. Damage not previously reported per Sub-section C below,

2. Damage to or malfunction of the vehicle which occurs while thevehicle is in his/her care to his/her supervisor,

3. Observed vehicle maintenance, equipmentand safety needs.

C. All reported vehicle damage and maintenance needs shall be forwarded, viaofficial channels, to the Departments Services Management SectionCommanderwho will maintain and publish a listing of vehicle damage reportsthat can be accessed by supervisors for review purposes.

D. Employees may drive Department vehicles outside of their scheduled duty daysfor court or training attendance. Other official use of vehicles outside of workhours must be specifically authorized by Special Order or by a Commander.

E. Vehicles shall normally be kept locked and with the engine off whenunattended. Vehicles shall be considered attended in the followingcircumstances:

1. A canine vehicle when the canine partner is inside the vehicle.

2. A vehicle parked while an officer is engaged in a traffic stop, trafficdetail, or collision investigation and the officer is within a reasonabledistance from the vehicle.


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F. All vehicles returned to their assigned location after use must contain at least3/4thof a tank of gas.

G. Employees shall ensure all other vehicle occupants, including arrestees,

properly wear provided safety belts at all times (in vehicles so equipped) thatare owned, leased, or rented by the Department. This also applies to theoperation of privately owned or other vehicles if used on-duty.

H. Employees shall notify the Emergency Communication Center and shall ensurethe following information is recorded in a Call for Service (C.F.S.) report whentransporting a citizen in a departmental vehicle.

1. The starting location of the transport

2. The starting time of the transport

3. The starting mileage of the transport

4. The ending location of the transport

5. The ending time of the transport

6. The ending mileage of the transport

This requirement does not apply to a citizen participating in the DepartmentsRide-Along Program.

I. The operator of a vehicle shall immediately notify a supervisor when involvedin a motor vehicle collision. The investigation of the collision will be

conducted in conformance with General Order 200 D-2.

V. Non-Routine Vehicle OperationEmergency Response Driving:

A. Only sworn police officers are permitted to engage in non-routine vehicleoperation. Police officers with non-sworn passengers shall not engage in anynon-routine vehicle operation except in unavoidable emergency circumstances.

B. Police officers operating an emergency vehicle shall do so with due regard forthe safety of others, recognizing the inherent civil liability associated witha collision while operating a departmental vehicle in non-routine vehicleoperation. Police officers are not relieved of the duty to exercise suchreasonable care and diligence as the circumstances of the situation may impose.


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C. The Maryland Transportation Article 21-106 enumerates the privileges anoperator of an emergency vehicle may exercise when responding to anemergency call; when pursuing a violator, or suspected violator; or whenresponding to, but not returning from, a fire alarm.

1. During any non-routine vehicle operation, police officers shallcontinuously operate both audible and visible warning signals (lights andsirens) to comply with Transportation Article 21-106.

2. Employees are reminded that the use of audible and visual signals doesnot assure that others will be aware of the non-routine operation of apolice vehicle. It is imperative that officers slow and possibly drive thepolice vehicle to a complete stop before proceeding through intersectionsso as to ensure that the intersection is clear of both vehicles andpedestrians.

D. A police officer who is not utilizing audible/visual signals when responding to acomplaint or while engaged in traffic enforcement actions, shall be considered asresponding in routine vehicle operation, and will be held strictly accountable forthe safe operation of his/her vehicle.

E. Non-routine vehicle operation is specifically prohibited in

1. Any vehicle that is not equipped with audible and visible warning signals

2. Any vehicle that is unsafe or unsuitable for non-routine vehicle operation

3. Any prisoner transport van while transporting prisoners.

F. Police officers operating sport utility style vehicles or prisoner transport vansmust exercise additional caution in these types of vehicles when operating themin a non-routine manner as they have increased stopping distances whencompared to police sedans andcould potentially roll over at higher speeds andduring evasive maneuvers.

G. Non-routine vehicle operation is prohibited except where it is possible to do sowith reasonable safety. Non-routine vehicle operation under the reasonablesafety guideline is permitted when the responding officer has been designated aprimary response unit to an emergency call as defined in Section II of this Policy.

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 advisethe Emergency Communication Center of his/her location and receivepermission to respond from the Emergency Communication Center or asupervisor.

I. Supervisors shall monitor emergency calls to determine if non-routine vehicleoperation is warranted or necessary given the facts and circumstances.


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J. It may sometimes be tactically advantageous not to use audible and visualsignals in the immediate area of a crime. When an operator decides to terminateuse of audible and visual signals, for whatever reason, the operator is no longerin compliance with the definition of an emergency vehicle under State law and

non-routine vehicle operation shall cease.

K. It shall be the responsibility of the primary response unit or supervisor at thescene of an emergency call to notify the Emergency Communication Center in atimely manner when no additional units are needed at the incident. This shallinclude advising all other units who are responding to discontinue their responseor modify their response to routine vehicle operation.

VI. Non-Routine Vehicle OperationPursuit Driving

A. Pursuit driving presents a danger to the lives of the public, officers, and suspectsinvolved in the pursuit. The decision to engage ina pursuit is critical and should

not be made lightly.

B. When the driver of a vehicle exhibits evasive tactics to avoid apprehension,the officers decision to pursue the vehicle shall be based ONLY on the factsand circumstances as known to the officer at that time.

C. Pursuit driving is permittedONLY when reasonably safe to do so andin thefollowing limitedcircumstances when the apprehension of a person for whomthere is reasonable suspicion to detain or probable cause to arrest for one ormore of the following criminal and/or traffic offenses and who cannot likely beapprehended at a later time and/or by safer means:

1. Criminal Offenses

a. Murder

b. Manslaughter

c. 1stDegree Assault

d. Rape

e. Sex Offense 1st, 2nd, and 3rdDegree

f. Robbery

g. Carjacking

h. Kidnapping

i. Burglary 1st, 2nd, and 3rdDegree

j. 1stDegree Escape

k. Stolen vehicle


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l. Any other crime that a supervisor or commander reasonablybelieves would require immediate attention.

2. Traffic Offenses

a. Driving a vehiclewhile impaired or under the influence ofalcohol, prescription drugs, or a controlled dangeroussubstance or any combination thereof.

NOTE: This must be articulated by an officers training,knowledge and experience that the operator is in violation ofTransportation Article 21-902

b. Failure to stop and remain at the scene of any propertydamage, personal injury or fatal collision;

D. If the original offense is not an offense as listed above in Section VI,Sub-Sections C, 1 & 2 above, the officer may not pursue the violator andmust return to routine vehicle operation.

E. The fact that a person is operating a vehicle recklessly and/or at dangerouslyhigh speeds will not, in itself, justify a pursuit.

F. The fact that a person is operating a vehicle in accordance with the rules ofthe road, but fails to stop at the direction of a police officer operating anemergency vehicle with audible and visual signals activated does notconstitute a pursuit unless evasive tactics are exhibited.

G. Officers must remember that a pursuit must never create more of a riskthan that originally posed by the suspect. Officers will continually weigh therisk of a pursuit against the original risk and shall discontinue a pursuit ifcircumstances warrant.

H. Operation of Sport-Utility Style Vehicles and Prisoner Transport Vans:

1. Officers are prohibited from operating prisoner transport vans duringpursuit driving.

2. Officers are authorized to operate two wheel drive (2WD), pursuit-rated sport-utility style vehicles during pursuit driving.

3. Officers are prohibited from operating four wheel drive (4WD) sportutility style vehicles during pursuit driving, unless specificallyauthorized by a supervisor.

4. If an officer is operating a sport-utility style vehicle equipped with fourwheel drive (4WD), the officer is required to notify his/her supervisorthat a sport utility style vehicle equipped with four wheel drive (4WD)


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is being operated by said officer prior to engaging in pursuit driving.Officers operating any type of sport utility style vehicle during any non-routine vehicle operation shall adhere to the safety issues as outlinedin Section V of this policy.

I. Any police officer who engages in pursuit driving shall immediately notify theEmergency Communication Center of:

1. The reason(s) for the pursuit,

2. The location and direction of travel,

3. The description of the suspect vehicle and the number of occupants,

4. The speeds involved, and

5. Other available information affecting public and/or officer safety.

The involved police officer shall communicate location, direction of travel, andspeeds involved throughout the pursuit. As soon as reasonably possible, thepolice officer shall also communicate other factors enumerated in the definition ofreasonable safety in Section II, Subsection F of this Policy. If there is asecondary pursuit vehicle in position to do so, the operator of that vehicle shalltake 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 EmergencyCommunication Center will broadcast all available information that would aidofficers 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. The Emergency Communication Center will notify an on-duty supervisor and/orshift commander of the pursuit as soon as possible after the pursuit is initiatedand the reason for the pursuit. The supervisor/commander shall immediatelybegin monitoring the pursuit and re-evaluating whether the basic criteria justifyingnon-routine vehicle operation are present. If at any time, it should appear thatthe pursuit does not satisfy the criteria required for non-routine vehicle operation,the supervisor/commander shall immediately order the pursuit terminated.

L. If the basic criteria for a pursuit are present, both the involved police officer andsupervisor/commander shall continuously weigh all available information. If atany point the pursuit no longer satisfies the criteria required for non-routinevehicle operation, the pursuit shall be immediately terminated and the officershall return to routine vehicle operations.

M. No police officer or supervisor will be disciplined or criticized for a decision,based on this policy and/or the law, not to pursue.


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N. Officers engaged in pursuit driving shall maintain a safe distance behind thepursued vehicle as to assurethey do not collide with the pursued vehicle in theevent of a sudden stop, collision or loss of control. Only two police vehicles areauthorized 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 behindthe 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 theprimary vehicle becomes disabled or in a position that would be moreadvantageous for the secondary unit to assume the responsibility of the primaryvehicle.

P. Other units shall not become involved in the pursuit, shall not leave theirassigned areas unless requested or ordered to do so by a supervisor, and shallnot 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 non-emergency radio traffic while remaining alert to the location and progress of thepursuit.

Q. While roadblocks, boxing in, rolling roadblocks, channeling, and P.I.T.maneuvers are reasonable and legally sufficient techniques to bring a pursuit to aconclusion, these types of techniques are not conducive to local conditions andofficers are not properly trained to engage in these techniques. The intentionalcontact by police vehicles with the pursued vehicle is likely to be considereddeadly force and is prohibited except as a last resort where deadly force isauthorized under the Departmentsuse-of-force policy.

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 andsafety of other operators.

S. Tire deflation devices may, with supervisory approval, be used in accordancewith Department training and standard operating procedures outlined inSOPOPS 009 in an attempt to prevent or end a pursuit.

T. If State Police aviation is present during a pursuit and can maintain surveillanceof the pursued vehicle, pursuit driving shall be minimized and further efforts toapprehend shall be directed by supervisors as aided by air surveillanceinformation.

U. If the involved officer cannot maintain continuous radio contact with theEmergency Communication Center and supervisory personnel, pursuit drivingshall immediately be terminated, unless compelling emergency circumstances orofficer safety issues demand otherwise.

V. Police officers involved in pursuits shall immediately comply with an order toterminate the pursuit by a supervisor or shall self terminate the pursuit wheninformation does not support pursuit driving criteria.


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W. In the event that an officer is involved in a motor vehicle collisionduring thecourse of pursuit driving, the officer shall immediately terminate their involvementand take proper action as is required by the Maryland Transportation Article,and all other departmental orders and directives unless:

1. No unit is available to assume the pursuit or respond for the unitinvolved; and

2. Damage to the unit is minor and it can still be operated without danger;and

3. There are no apparent injuries as a result of the accident.

X. At the conclusion of any vehicular pursuit, high risk stop tactics shall be used byall officers present when practical.

VII. Extra-Jurisdictional Pursuits:

A. Inter-Jurisdictional Pursuits Initiated by the Ocean City Police Department:

1. When a pursuit leaves the corporate limits of Ocean City, officers andsupervisors shall re-evaluate the pursuit to include consideration of thefollowing factors:

a. How long the pursuit has lasted.

b. Whether assistance is needed from another agency.

c. Whether communication can be maintained.

d. All the factors set forth in the policy as to whether the pursuit canbe conducted in a reasonably safe manner and in compliance withstate law and policy.

2. The pursuing officer or supervisor shall request assistance from anotheragency. Whenever possible the primary unit shall surrender the pursuit tothe agency of that jurisdiction and continue to assist until properlyrelieved.

B. Inter-Jurisdictional Pursuits Initiated by Outside Agencies that Enter Ocean City:

1. Officers are prohibited from entering into a pursuit that was initiated by

another jurisdiction or law enforcement agency unless assigned to thepursuit by a supervisor.

2. A supervisor shall not assign officers to participate in such pursuits unlessassistance is requested by the initiating agency, and they providesufficient information including the crime the suspects are believed tohave committed in order that a supervisor can determine if the pursuit isin compliance with the provisions of this policy.


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3. If insufficient information is received and/or if the outside initiated pursuitis not in compliance with this policy, the pursuit shall not be joined byDepartment police officers. However, a supervisor may authorizeofficer(s) to drive in routine operation toward the area of the pursuit to be

in a relatively good position to render back up and other aid once thepursuit vehicle is stopped.

VIII. Reporting and Review

A. Officers involved in a pursuit shall complete an incident report prior to thecompletion of their tour of duty. The report shall include all pertinent informationas established by this policy. This requirement includes all participants of thepursuit including officer(s) who deployed stop sticks.

B. A supervisory report and analysis of the pursuit shall be completed after acomplete review of the incident report has been conducted. The supervisoryreport and analysis shall be completed as outlined in Standard OperatingProcedure ADM-011.

C. All pursuits shall be reviewed by an EVOC instructor and the involvedofficers/officers Division Commander as outlined in Standard OperatingProcedure ADM-011. Any violation of policy shall be documented and forward tothe Office of Professional Standards for review.

D. The Office of Professional Standards shall review the pursuit report completed bythe involved officer and the pursuit module completed by the shift supervisor toassure compliance with Department policy. Any deviation from policy noted inpursuit reports shall be reviewed by the Office of Professional Standards and arecommendation shall be made to the Chief of Police regarding additional action.

This action may involve:

1. Policy evaluation

2. Training

3. Counseling

4. Punitive measures

E. The Chief of Police shall review all pursuit reports and reviews.

IX. Training:

A. The Training Section, with the assistance of Departments EVOC instructors, willassure classroom and/or practical instruction in routine and non-routine vehicleoperations is provided to police officers every three (3) years.

B. Non-sworn employees will be provided driver training at the direction of theTown of Ocean CitysRisk Management or by the Department.


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DATE : 14 November 2014


FROM : Brian Cardamone, LieutenantPolice Department

SUBJECT : Revised General Order 500 A-3 Review

Attached you will find our current General Order 500 A-3 concerning Specialty Unit Assignmentand Specialized Training Selection.

We have made several revisions to the policy which I have highlighted red. Section V, Sub-Section B on page 6 is a complete re-write of the existing policy. The revision adds the use ofwritten exercises as a selection process for specialized training. The current policy mandatesan 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 tocontact me at 410-520-5301.


Brian L. Cardamone

Attachment


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Specialty Unit Assignment and Specialized Training Selection G.O. 500 A-3

2

I. Purpose:

The purpose of this Policy is to ensure that a selection processfair and equitableprocessis established and maintained to fill vacancies in the Departments specialtyunits and/or to identifyselectqualified personnel to attend specialized training. Training

opportunities outside the parameters of this Policy will be addressed based on:

A. The immediate needs within the operational functions of the Department,

B. The past performance of the employee(s) desiring the available training, and

C. The experience level of the employee(s) desiring the available training.

Such opportunities would include, but are not limited to, advanced associated lawenforcement tactics that enhance an employees ability in his/her current assignment.

II. Definitions:

A. Specialty Unit: For the purpose of this Policy, the following assignmentsare considered specialty units:

C.I.D. Major CrimesGeneral Assignment C.I.D. Narcotics SectionTraffic Safety Unit Evidence TechnicianQuick Response Team Crisis Negotiation TeamMounted Unit C.I.D.Selective Enforcement UnitCanine Unit Breath Test OperatorFirearms Training Unit Defensive Tactics Training UnitBike Maintenance Unit General Topic Instructor

B. Specialized Training: Includes instruction unique to the above listed specialtyunits and/or areas requiring advanced training above and beyond that necessaryto perform tasks associated with basic law enforcement.

C. Command Level/Leadership Training: Advanced managementinstructionhosted by organizations such as the Federal Bureau of Investigation (FBI-NA),Southern Police Institute (SPI), Northwestern Institute - SPSC, Police ExecutiveDevelopment (POLEX) and the Police Executive Research Forum (PERF).

III. Policy:

A. The distribution of employees within the Department is the responsibility of the

Chief of Police assisted by his/her Division Commanders. The Department willcontinually evaluate manpower allocation and distribution to meet the changingneeds of the community and those of the Department.

B. The Department will allocate employees to each Division within the organizationin accordance with workload assessments. Each Division Commander will beresponsible for notifying the Chief of Police when individual Division workloadsdictate additional staffing requirements. The final decision to increase personnelwithin a Division is the responsibility of the Chief of Police.


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IV. Selection Protoco l Specialty Unit

A. Announcement:

1. Whenever a vacancy in a specialty unit becomes available, the

assignment will be advertised department-wide. Such advertisement willbe published by means of a Special Order at the direction of the DivisionCommander of the affected unit. The Special Order announcing thevacancy shall include the following information:

a. A job description detailing the primary duties and responsibilitiesof the assignment

b. Personal characteristics of a desired candidate for the assignment

c. Minimum requirements to include but not be limited to:

i. Length of service

ii. Experience

iii. Education

iv. Special skills

v. Rank restrictions

d. Deadline for acceptance of the expression of interest for thespecified assignment

2. Employees who desire an assignment to a specialty unit must meet theminimum service requirements as specified in policies related to Dutiesand Responsibilities of a designated rank.

3. Employees who meet the minimum requirements as set forth in this orderand the advertised vacancy shall forward an intra-departmentalmemorandum (Form 95) detailing their interest in the position, via theChain of Command, to the Division Commander of the affected unit. TheDivision Commander will acknowledge receipt of each expression ofinterest via e-mail to the author of the memorandum.

4. The original copy of the memorandum must be commented on by eachsupervisor in the Chain of Command until it reaches the DivisionCommander who initiated the advertisement for a specialty unit vacancy.Supervisors shall screen candidates for minimum requirements and noteif a candidate is eligible for consideration.


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B. Selection:

1. The Division Commander, assisted by the Training and RecruitingSection supervisor, shall screen all expressions of interest to ensure thatthey meet the stated criteria. and to coordinate scheduling of formal

interviews.

2. The Division Commander or his/her designee shall impanel and chair anInterview Board. The Interview Board shall consist of a minimum of three(3) employees of the department, one (1) of which must be from theSupport Services Division and one(1) shall be a member of the affectedspecialty unit.

3. The Support Services Division representative is responsible formonitoring the interview process. to ensure impartiality and fairness. TheSupport Services Division representative will rate each candidatesperformance along with the other members of the panel.

4. At the conclusion of the interview process, the Interview BoardChairperson shall make a written recommendation to the Chief of Police,who shall make the final selection. In the event that fewer applications/expressions of interest are received than positions available, an interviewpanel will still convene to assure candidate suitability.

5. Employees selected for assignment to a specialty unit shall not beexcluded from consideration for promotion, or for appointment to actingranks, based solely upon individual membership in a specialty unit.

6. Employees selected to a specialty unit shall remain within the specialty

unit/assignment for a minimum of three (3) years.

7. Employees selected to a specialty unit will automatically be allowed toattend specialized training that is considered core training to theirspecialty assignment. Selection to attend specialized training shall beadministered at the direction of the Specialty Unit Coordinator with theapproval of the affected Division Commander without regard to theprovisions outlined in Section V of this Policy.

8. Division Commanders reserve the right to appoint, with the approval ofthe Chief of Police, supervisors to supervisory positions within eachspecialty unit. The appointment process is based solely on the needs of

the Department at that given time.


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V. Selection Protocol Specialized Training:

A. Announcement:

1. Whenever specialized training not associated with active membership in a

Specialty Unitbecomes available, the training will be advertiseddepartment-wide. Such advertisement will be published by means of aSpecial Order through the Training and Recruiting Section. The SpecialOrder announcing the vacancy shall include the following information:

a. A detailed description of the training offered.

b. The duties and responsibilities of the personnel who successfullycomplete the training,if applicable.

c. Personal characteristics of a desired candidate for the assignment

d. Minimum requirements to include but not be limited to:

i. Length of service

ii. Experience

iii. Education

iv. Special skills

v. Rank restrictions

e. Deadline for acceptance of application for the specifiedassignment.

2. Employees who wish to attend specialized training must meet theminimum service as specified in policies related to Duties andResponsibilities of a designated rank.

2. Employees who meet the minimum requirements as set forth in this orderand the advertised training shall forward an intra-departmentalmemorandum (Form 95) detailing their qualifications for the training,through the Chain of Command, to the Training and Recruiting Section([email protected]). The Training and Recruiting Section will

acknowledge receipt of each expression of interest via e-mail to theauthor of the memorandum.

3. The original copy of the memo must be commented on by eachsupervisor in the Chain of Command until it reaches the Training andRecruiting Section. Supervisors shall screen candidates for minimumrequirements and note if a candidate is eligible for consideration.


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B. Selection:

1. Once the deadline for submission of an expression of interest haspassed, the Department shall conduct a selection process to determinethe specialized training attendees.

2. When fewer expressions of interest are received than specialized trainingavailability, the Department may approve all applicants attendance to thetraining without a formal selection process.

3. The selection process for specialized training may include interviewsand/or written exercises administered in-person or via Departmentsoftware programs.

4. The Training and Recruiting Section supervisor shall oversee theselection process and is responsible for:

a. Screening all expressions of interest to ensure that the candidatemeets the stated criteria.

b. Developing, coordinating and monitoring the selection process toinclude impaneling a selection board.

c. At the conclusion of the selection process, making a writtenrecommendation regarding acceptable candidate(s) to attend thetraining to the Chief of Police, who shall make the final selection.

5. Selection boards shall:

a. Consist of a minimum of three (3) employees from a cross-sectionof the Department.

b. Conduct an interview with applicants, and/or evaluate writtenexercises completed and submitted by applicants and;

c. Evaluate each applicant and submit final ratings to the Trainingand Recruiting Section supervisor.

VI. Command Level/Leadership Training:

A. Periodically, the Department is invited to select employees to attend commandlevel/leadership training. This type of training will routinely be reserved forpersonnel who have achieved the rank of Lieutenant.

B. Selection to attend command level/leadership training will be conducted by theChief of Police with the input from his/her senior command staff. Employeesconsidered for selection must also meet all minimum requirements set by thehost academy / training provider.


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C. Factors that will be considered during the selection process include:

1. Previous attendance of command level/leadership training

2. Current assignment and responsibilities

2 Needs of the Department.

C. In the event personnel below the rank of Lieutenant are offered the opportunity toattend Command Level/Leadership training, the guidelines set for in IV, B shallbe followed.

D. The selection process for employees below the rank of lieutenant to attendcommand level/leadership training shall consist of a written exercise (Staff Study)and oral interview with the Chief of Police and two (2) division commanders.

VII. Training Agreement

A. Due to the expenses associated with specialized training, the Departmentreserves the right to recoup all, or a portion thereof, expenses incurred in thetraining of an employee if a specific length of time in service is not met.

B. The Training and Recruiting Section shall assure employees attendingspecialized training read and sign the required Training Agreement prior to theissuance of a Special Order detailing their attendance.

C. The terms of the agreement are outlined in the OCPD Training and RecruitingForm 226

VIII. Appendix:

OCPD Training and Recruiting Form 226: Training Agreement


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DATE : 15 September 2014


FROM : Gregory Guiton, CaptainPolice Department

SUBJECT : General Order Revision G.O. 500 N-1

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 allsimilar 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 fromeach policy into one comprehensive document with all appropriate updates regardingrelease 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, pleasefeel free to contact me at 410-723-6622 [email protected]. I can also makeavailable to you the current policies if this will assist you in your review.


Gregory Guiton

Attachment
mailto:[email protected]:[email protected]:[email protected]:[email protected]


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Greg Guiton

From: Carol Ann Beres

Sent: Friday, September 19, 2014 2:55 PM

To: Greg Guiton

Subject: General Order G.O. 500 N-1

DearCaptainGuiton:

IhavereviewedtheabovereferencedGeneralOrderandIgenerallyapproveofsamesubjecttothefollowingcomment:

ItappearstomethatthelastsentenceinSectionIV.E.2.conflictswithSectionV.Pleasereviewandseeifyouagree

withme,orifnot,givemeacall.

Verytrulyyours,

Guy

Carol Ann Beres

Ayres,Jenkins,Gordy&Almand,P.A.

6200CoastalHighway,Suite200

OceanCity,MD21842

4107231400x111

4107234730(fax)

[email protected]


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From: Greg Guiton

Date: Wednesday, September 24, 2014 at 4:17 PM

To: Guy Ayres

Subject: GO500n-1

Guy,

Per our conversation, page 5highlighted in red. Thanks, Greg

Captain Gregory GuitonSupport Services DivisionOcean City Police Department6501 Coastal HighwayOcean City, MD 21842Telephone: 410-723-6622Facsimile: 410-723-4010E-Mail: [email protected]

F.B.I.N.A. PERF SMIP215

thSession 33

rdSession

Web: oceancitymd.gov/police

Please consider the environment before printing this emailNOTICE: This e-mail message and all attachments transmitted with it may contain legally privileged andconfidential information intended solely for the use of the addressee. If the reader of this message is notthe intended recipient, you are hereby notified that any reading, dissemination, distribution, copying, orother use of this message or its attachments is strictly prohibited. If you have received this message inerror, please notify the sender immediately by electronic mail ([email protected]), and delete

this message and all copies and backups thereof. Thank you.
mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]://pinterest.com/ocpdmd/http://instagram.com/http://www.youtube.com/ocpdmdhttps://www.twitter.com/ocpdmdinfohttps://www.facebook.com/oceancitypdmdinfohttp://ocpdmdinfo.blogspot.com/http://oceancitymd.gov/Police/media/mailto:[email protected]:[email protected]:[email protected]:[email protected]


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Ocean City Police DepartmentGeneral Order

Table of Contents

I. Purpose

II. Definitions

A. Custodian

B. Juvenile

C. Official Custodian (Chief of Police)

D. Personal Information

E. Person in Interest

F. Public Record

III. Policy

IV. Release of Police Reports and Information

V. Release of Criminal History Records Information

VI. Juvenile Arrest Records and Information

VII. Records Dissemination and Public Information Request

VIII. Record Requests and Reproduction Fees

Subject:Confidentiality and Security Protocols for Police Records Management

No.500 N-1

Rescinds:500 N-2 (Dated 06-18-90)

500 N-3 (Dated 06-18-90)500 N-4 (Dated 06-18-90)500 N-5 (Dated 06-18-90)

Amends:500 N-1 (Dated 06-18-90)

Related Directive:

Approval Date: Effective Date: Distribution Date: Distribution Type:A

References:


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Confidentiality and Security Protocols for Police Records Management G.O. 500 N-1

2

I. Purpose

The purpose of this policy is to provide officers with guidelines for determining if andunder what conditions records must be maintained, as well as the responsibilities relatedto such recordkeeping and production.

The people of this State have a broad right of access to public records while beingweighed against protecting legitimate governmental interests and the privacy rights ofindividual citizens. It is the responsibility of the Records Management Section serving asthe custodian of records to determine when federal and state laws and regulationsauthorize the release of official Department records. When applicable after weighingagainst protecting legitimate governmental interests and the privacy rights of individualcitizens, the public should have access to government records without unnecessary costor delay.

The release and dissemination of Department records is the responsibility of theRecords Management Section and only Records Management Section personnel are

authorized to release reports. Records Management Section personnel have aresponsibility to provide such access to police records unless the records must remainundisclosed for purposes of protecting legitimate governmental interests and the privacyrights of individual citizens.

A large portion of the information maintained by the Records Management Section isroutine in nature. However, some reports contain personal and sensitive data, andfailure to keep such information confidential can often cause irrevocable damage to theDepartment as well as the individual(s) involved. Release of sensitive information maylead to a loss of public confidence in the police organization, amongst triggering otherdirect and indirect consequences. The safeguarding of information is the task of everymember 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 hasphysical custody and control of a public record.

B. Juvenile:Any person under the age of 18. A juvenile waived to adult status isnot considered a juvenile.

C. Official Custodian (Chief of Police): The officer or employee of theDepartment who has the overall legal responsibility for the care and keeping ofpublic records. The official custodian is authorized to decide whether to seekcourt action to protect records from disclosure. The official custodian is also theperson who must establish reasonable fee schedules. The official custodiancan also be the custodian of the records, depending upon who has physicalcustody and control of the records.

D. Personal Information: Information that identifies an individuals address,drivers license number or other identification number, medical or disabilityinformation, name, photograph or computer generated image, Social Security


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number, or telephone number. Personal Information does not include anindividuals drivers status, driving offenses, zip code or information on vehicularaccidents.

E. Person in Interest: A person or governmental unit that is the subject of a public

record or a designee of the person or governmental unit. If the person has alegal disability, this would be the parent or legal representative of the person.

F. Public Record: Public record means the original or any copy of anydocumentary material that is made by a unit or instrumentality of the Stategovernment or of a political subdivision or received by the unit or instrumentalityin 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.

III. Policy

The Department recognizes the vital responsibility of its record keeping requirementsand its dissemination of public information. As such, the Department shall always becognizant of protecting legitimate governmental interests and the privacy rights ofindividual citizens when making determinations regarding the release of records ordocuments pertaining to Department activities.

Recognizing the intrusiveness of producing personal information, the Department willsafeguard documents with the utmost scrutiny, with proper authority and due recognitionto the procedural guidelines for such records as set forth in this policy.

IV. Release of Police Reports and Information

The DepartmentsRecords Management Section shall comply with all federal, State andlocal laws concerning release of information. Only Records Management Sectionpersonnel are authorized to release copies of police reports.

A. Review of Reports

Prior to the release of any report or report information, the entire case file shallbe reviewed to determine whether disclosure would prejudice a Departmentinvestigation or constitute an unwarranted invasion of personal privacy. Thereport review shall be completed by the Records Management Sectionsupervisor 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'sOffice and/or the City Solicitor's Office prior to release.

B. Release of Report Information to Criminal Justice Agencies

Criminal justice agencies may receive complete, uncensored reports and reportinformation. Criminal justice agencies entitled to uncensored report informationinclude:


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1. Federal law enforcement agencies, investigators from the federal Officeof Personnel Management and the Department of Defense;

2. State, local and municipal law enforcement agencies; and

3. The courts, State's Attorneys Offices, Ocean City Solicitor's Office andthe Department of Parole and Probation.

Other agencies, even though they may have the power of arrest, may notbe entitled to unrestricted reports and report information. Their requestsshould be handled in the same manner as requests made bycomplainants and victims.

C. Release of Report Information to Complainants and Victims

A copy of an Incident Report may be furnished to a complainant or victim after

appropriate review and removal of restricted information.

1. Generally, only a cover sheet and property report may be released to acomplainant or victim.

2. If more than the cover sheet and property report are requested, adetermination shall be made by the reviewing authority as to release.

3. Complainants and victims are entitled to the name, address and date ofbirth of any adult suspect for the purposes of completing an Applicationfor Statement of Charges in the Maryland District Court.

D. Release of Report Information to Insurance Companies

A copy of an Incident Report may be furnished to an insurance company havingdirect involvement, after the appropriate review and removal of restrictedinformation.

1. Generally, a cover sheet and property report should satisfy theinformational needs of an insurance company.

2. If more than a cover sheet and property report are requested, adetermination shall be made by the reviewing authority as to release.

E. Release of Report Information to General Public

The Records Management Section shall not routinely release information to thegeneral public. Requests from persons not directly involved in an incident shallbe referred to the Records Management Section Supervisor or his/her designee.The Records Management Section Supervisor may release the followinginformation:


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1. Confirmation that an incident did occur, unless it would compromise anon-going investigation.

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 thecase has been adjudicated, it becomes criminal history and the arresteesinformation can only be released as outlined in Section V of this GeneralOrder.

F. Release of Report Information to Attorneys

All requests for reports and report information that involve criminal investigativematters that are pending trial shall be forwarded to the State's Attorney's Officefor review. This shall also include serious traffic offenses (DUI/DWI, DWS/DWR,fleeing and eluding, hit and run, etc.) Non-criminal incident report informationshall be handled as if the attorney were the complainant or victim. All requests

must be accompanied by a signed waiver from the attorney's client.

G. Report Information Released by Telephone

Report information shall not be released by telephone. The only exceptions shallbe:

1. When a Department employee requests information and his/her identityhas been positively confirmed.

2. When a criminal justice agency requests information and the caller'sidentity has been verified.

H. Redactions

The following information shall be considered confidential and shall not bereleased without approval of the Records Management Section Supervisor orhis/her designee:

1 Suspects' names, victim and witness information. If the requesting partyis named in the record or report, that name need not be redacted;

2. Officers' opinions and statements about an individual's character ormental state;

3. Statements made by persons, except those made by the requestingparty;

4. All information pertaining to juveniles, except where they are involved in aminor motor vehicle collision and they are not suspected of, or chargedwith, an incarcerable offense;

5. Any identified, address, or name of a victim of a sexual assault;


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6. Photographic images that depict nudity or any deceased persons;

7. Reports and statements relating to manslaughter cases, except by orderof the State's Attorney's Office or the courts;

8. Any report, or portion of a report, that could, by its release, interfere withan on-going investigation or compromise the safety and identity of anundercover police operative;

9. Information concerning the use of any eavesdropping equipment;

10. Information referring to or disclosing a person's prior police record;

11. Results of any laboratory examinations of evidence or chemical testreports depicting alcohol levels; and

12. Information referring to investigative techniques.

V. Release of Criminal History Records Information

The DepartmentsRecords Management Section shall comply with all federal, State andlocal laws concerning the disclosure of Criminal History Records Information (C.H.R.I.).

All members of the Records Management Section are responsible for the security of andstrict adherence to applicable laws regarding dissemination of C.H.R.I.

A. Dissemination of C.H.R.I.

1. Individuals

A person may inspect his/her own C.H.R.I. maintained by theDepartment. This does not include arrest information from other

jurisdictions. Copies of C.H.R.I. may only be obtained from the MarylandState 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 ofreview does not extend to providing a copy of the information.

3. Criminal Justice Agencies

When officers or agents of federal, State and local criminal justiceagencies request Department maintained C.H.R.I., and a delay inreceiving it from C.R.C.R. would unduly impede necessary action by therequesting agency or would violate or materially impair a substantive rightof the person about whom the information is needed, such C.H.R.I. maybe released.


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These cases might include State's Attorney's records checks for court,court commissioners' inquiries about bail hearings, or requests fromofficers of other agencies regarding C.H.R.I. in reference to an on-goinginvestigation. When any such information is released, it should be notedon the appropriate dissemination logs.

4. All requests for Department maintained C.H.R.I. received from privateemployers shall be referred to C.R.C.R.

5. Federal Background Investigators/Recruiters

The Security Clearance Information Act (SCIA) requires that theDepartmentsRecords Management Section provide Departmentmaintained C.H.R.I. to investigators/recruiters from the following agencieswithout first obtaining C.R.C.R. authorization:

a. The Department of Defense;

b. The Office of Personnel Management;

c. The Central Intelligence Agency;

d. The Federal Bureau of Investigation;

e. The United States Secret Service; and

f. United States Naval Intelligence.

Department maintained C.H.R.I. covered in S.C.I.A. includes arrests or

other formal charges and any disposition information available; it does notinclude juvenile information, sealed record information, non-criminalfingerprint information, or intelligence and investigative file information.Requests for statewide C.H.R.I. must be referred to C.R.C.R.

B. C.H.R.I. to Be Released

When a request for a check of Department maintained C.H.R.I. is received, theRecords Management Section employee shall check the Departmentsrecords.

1. If a record is found in the Records Management System it shall be notedon the request form and returned to the requesting agency or person.

2. If no record is found, the request should be stamped, "No Record," andreturned to the requesting agency or person.

3. A dissemination log is maintained in the Records Management Section. Itshall be completed each time CHRI is disseminated to anyone (includingDepartment personnel). The requesting person's name, agency, address,telephone number and purpose for request shall be entered on the log.


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C. Telephone Requests for C.H.R.I.

1. Prior to furnishing the requested information, the identity of the requestingofficer must be verified. A call back number for his/her department shouldbe obtained to verify employment.

2. Dissemination logs shall be completed with appropriate information.

D. Juvenile Records

1. Juvenile records are confidential and may not be released without a courtorder except to law enforcement agencies that are actively investigatingor prosecuting the child. See, infra, VI

2. When a juvenile has been waived to adult status, the informationregarding that specific charge is treated the same as any adult offense.See, infra, VI

VI. Juvenile Arrest Records and Information

The Department Records Management Section is responsible for the control and releaseof information regarding juveniles who have been waived to adult status by the courts.The Records Management Section shall comply with all federal, State and local lawspertaining to the security and release of juvenile arrest records and information.

A. When a juvenile has been waived to adult status, all files on that specific caseare 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 chargehas been waived to adult status and an adult folder has also beenestablished.

3. All future information pertaining to the case in which the juvenile waswaived will be placed in the adult folder.

4. If the juvenile is arrested on another offense at a later date, in whichhe/she is charged as a juvenile, routine processing for a juvenile offenderwill occur.

5. In cases where a juvenile has been waived to adult status, the informationpertaining to the arrest shall be handled the same as with any other adultoffender.

6. Previous and subsequent arrests for which the individual is charged as ajuvenile are not to be released.


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B. Juvenile Arrest Records

1. Juvenile arrest records are confidential and shall be maintained separatefrom those of adults.

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 releaseof a juvenile arrest record or information, a copy of the order is to beattached to the original report and placed in the appropriate file or casefolder.

3. Parents and the juvenile are not entitled to review or receive copies ofjuvenile arrest records.

4. Federal agencies, military recruiters and private employers cannot accessjuvenile arrest records to conduct security clearances or backgroundinvestigations for employment purposes.

5. The Department of Juvenile Services may access juvenile arrest recordsfor confidential use.

6. Any law enforcement agency may access juvenile arrest records in orderto investigate or prosecute a child.

C. Juvenile Traffic Records Information

When a youth is charged and taken before a Maryland District CourtCommissioner, that information shall be treated as if the juvenile is an adult.Requests for information regarding juveniles involved in motor vehicle collisions

may be released if the charges lodged against the juvenile do not involve actualor potential incarceration and/or the juvenile is charged on a citation with a minortraffic violation with a pre-set fine imposed.

A dissemination log is contained in each juvenile arrest case folder. It shall becompleted each time a juvenile record information is disseminated to anyone(including Department personnel). The requesting person's name, agency,address, telephone number and purpose for request shall be entered on the log.

D. Telephone Requests for Juvenile Record Information

1. Prior to furnishing the requested information, the identity of the requestingindividual must be verified. A written request on the requesting agencysofficial letterhead is preferred; or a call back number for his/herdepartment shall be obtained to verify employment.

2. Dissemination logs shall be completed with appropriate information.


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VII. Records Dissemination and Public Information Requests1

A. Inspection or copies. Any person may request to inspect or copy public recordsof the Department.

1. Except as otherwise provided in this section, the custodian shall makepublic records of the Department available for inspection by an applicantwithout demanding a written request.

2. The custodian shall require a written request if the custodian reasonablybelieves that:

a. the Act or any other law may prevent the disclosure of the publicrecord to the applicant; or

b. a written request will materially assist the Department inresponding.

3. If the applicant requests one or more copies of any public record of theDepartment, the custodian may require a written request. A writtenrequest shall: contain the applicants name and address; be signed bythe applicant; and reasonably identify, by brief description, the publicrecord sought. A request to inspect or copy a public record of theDepartment shall be addressed to the custodian of the record. If thecustodian is unknown, the request may be addressed to the Chief ofPolice.

B. Response to a Request

If the custodian decides to grant a request for inspection, the custodian shallproduce the public record for inspection immediately, or within a reasonable timeperiod not to exceed 30 days after the date of the request, if that period isneeded to retrieve the public record and conduct any necessary review.

If the custodian decides to deny a request for inspection, the custodian shall doso within 30 days after the request and immediately notify the applicant of thedenial.

If a request is denied, the custodian shall provide the applicant, at the time ofdenial or within 10 working days, a written statement that gives the reasons forthe denial, the legal authority for the denial and notices of the remedies availablefor review of the denial.

If a requested public record is not in the custody or control of the person to whomthe application is made, that person shall, within 10 working days of the receipt ofthe request, notify the applicant that the person does not have custody or control

1All Public Information Act (Act) shall be conducted pursuant to the requirements provided in StateGovernment Article 10-611 et seq.


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G. Time and Place of Inspection

An applicant may inspect any public record of the Department that the applicantis entitled to inspect during the normal working hours of the Department. Theinspection shall occur where the public record is located, unless the custodian,

after taking into account the applicants expressed wish, determines that anotherplace is more suitable and convenient.

H. Denying Access to All or Part of a Public Record

1. Required DenialsSpecific Records

Under the Act, a custodian shall deny inspection of a public record or anypart of a public record if by law, the public record is privileged orconfidential or the inspection would be contrary to a State statute, afederal statute or a regulation that is issued under the statute and has theforce of law or the rules adopted by the Court of Appeals or an order of a

court of record. See, supra, Section IV, V, and VI.

2. Required DenialsSpecific Information

A custodian must deny inspection of a part of a public record thatcontains, among other types of specific information:

a. Medical and psychological information;

b. Sociological information;

c. Public employees home address and telephone number;

d. Information system security; and

e. Alarm systems.

3. Discretionary Denials

See, supra, Section VII. F.

I. Correction or Amendment of Public Records

A person in interest may request that the Department correct or amend anypublic record that: (1) the Department keeps and (2) the person in interest isauthorized to inspect.

The Department shall accept a request to correct or amend a pu

January 27 2015 Complete Agenda

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