January 27 2015 Complete Agenda

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.
RequesttoApproveOceanCityPoliceDepartmentGeneralOrderspresentedbyPoliceCaptain
1. G.O.400E1VehicleOperationRoutineandNonRoutine
2. G.O.500A3SpecialtyUnitAssignment&SpecializedTrainingSelection
3. G.O.500N1ConfidentialityandSecurityProtocolsforPoliceRecordsManagement
6.
ADJOURN
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
NOTICE OF CLOSED SESSION OF MAYOR & CITY COUNCIL OF OCEAN CITY

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

City Hall
Legal and Contractual Matters
UNANIMOUS
OTHER:
FOR:
AGAINST:
ABSTAIN:
ABSENT:
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 is
not 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 potential
litigations;
9. Conduct collective bargaining negotiations or consider matters that relate to the
negotiations;
10. Discuss public security if the public body determines that public discussion
would 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 imposed
requirement that prevents public disclosures about a particular proceeding or
matter; or
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 discussion
X
or disclosure would adversely impact the ability of the public body to participate
in the competitive bidding or proposal process
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 Recor
Council President Lloyd Martin
Council Secretary Mary Knight
Council Members Doug Cymek; Dennis Dare; Wayne Hartman; Matt James;
and Tony DeLuca
City Solicitor Guy Ayres
Executive Office Associate Diana Chavis
Action(s) taken:
Motion to close meeting:
Time:
H:\Wpdoc\closedsess.wpd

3. ACKNOWLEGEMENTS AND RECOGNITIONS
A. Retirement Recognition of Fire/EMS Captain Rex Foxwell
IN APPRECIATION OF REX FOXWELL

30 YEARS OF SERVICE
REX FOXWELL has contributed Thirty (30) years of
dedicated service to the Town of Ocean City, where he began his
career in 1985; and
WHEREAS, REX FOXWELL has played an integral role in the Town
of the Ocean Citys Fire Department for the past 30 years; and
WHEREAS, During his career, Rex was responsible for quality
assurance and quality improvement in Emergency Medical Services,
assuring that residents and visitors whom we serve receive high
quality emergency medical care and customer service. Rex assisted
management with hiring processes, EMS training and labor contract
negotiations and contract preparation.
NOW, THEREFORE, I, Richard W. Meehan, Mayor of the Town of
Ocean City, Maryland, along with the Ocean City Council, do hereby
commend Rex for his Thirty (30) years of devoted service and wish
him a happy and healthy retirement.
IN WITNESS WHEREOF, I have hereunto set my hand and caused
the 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 and
fifteen.
______________________________
RICHARD W. MEEHAN
Mayor

B. Retirement Recognition of Solid Waste Worker
Douglas R. Lewis
IN APPRECIATION OF DOUGLAS R. LEWIS

24 YEARS OF SERVICE
DOUGLAS R. LEWIS has contributed Twenty-four
(24) years of dedicated service to the Town of Ocean City, where he
began his career in 1990; and
WHEREAS, Doug Lewis has played an integral role in the Town of
the Ocean City Public Works Department Solid Waste Division for
the past Twenty-four (24) years; and
WHEREAS, Doug is a very talented automated truck driver and has
been a true asset to the Solid Waste Division; and
commend Doug for his Twenty-four (24) years of devoted service
and wish him a happy and healthy retirement.
31st day of January, in the year of Our Lord two thousand and fifteen.
______________________________
RICHARD W. MEEHAN
Mayor

C. Retirement Recognition of Sound/Light Technician
Gerald Dennis
IN APPRECIATION OF GERALD DENNIS

37 YEARS OF SERVICE
GERALD DENNIS has contributed Thirty-seven (37)
years of dedicated service to the Town of Ocean City, where he began
his career in 1977; and
WHEREAS, Gerald Dennis has played an integral role in the Town of
the Ocean Citys Tourism Department at the Ocean City Convention
Center 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
commend Gerald for his Thirty-seven (37) years of devoted service
and wish him a happy and healthy retirement.
27th day of January, in the year of Our Lord two thousand and
fifteen.
______________________________
RICHARD W. MEEHAN
Mayor

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.

5. NEW BUSINESS
A. Request to Approve TAB Funding Allocations presented by
Greg Shockley, Chairman
TOWN OF
The White Marlin Capital of the World
TO:
THRU:
FROM:
RE:
DATE:
Agenda Item #
5A
Council Meeting
January 27, 2015
The Honorable Mayor, Council President and Members of Council

David L. Recor, ICMA-CM, City Manager
Donna Abbott, Tourism & Marketing Director
TAB recommendation to fund 2015 events
January 16, 2015
ISSUE(S):
TAB recommends funding events proposed for 2015 and 2016 by

Team Productions and Bikefest 2015 from its Tourism
Department allocation.
SUMMARY:
At its December 4, 2014 meeting, TAB reviewed a proposal from

TEAM Productions. TEAM Productions has requested a three-year
commitment to fund laser shows on Sundays with fireworks
effects, fireworks shows on the beach downtown on Mondays and
Tuesdays in July and August, fireworks at Sundaes in the Park,
fall events (beach maze, pet parade and pumpkin race), and the
return of Sandfest featuring sand sculptures and interactive
activities mid to late August.
TAB unanimously approved a recommendation to fund $300,000
for TEAM-produced events for 2015 and 2016. TAB requested
TEAM return to TAB in the fall for an update before a third year is
agreed upon.
TAB also voted unanimously to recommend financial support of
$20,000 to OC Bikefest to assist in marketing and funding of
entertainment for its 2015 event.
FISCAL IMPACT:
There is $67,116 available in the FY 2015 TAB allocation in the

Tourism Department budget. $300,000 is currently proposed for
TAB allocation in FY16.
RECOMMENDATION:
Approve TAB funds for the event.

1st Class 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 contract

2) Bikefest application for TAB funding
EVENT CONTRACT
This agreement dated January 25, 2015 by and between the Mayor and City Council of Ocean
City, MD and Robert A. Rothermel, Jr. of Tours, Entertainment, Amusements & Management,
LLC, D.B.A. Special Event Productions/T.E.A.M. Productions.
Location of Engagement: Beach vicinity of North Division, Dorchester and Somerset Streets and
North Side Park. Type of Engagement: OC Beach Lights, Fireworks, OC Sand Fest and Beach
Maze
Dates of Rendered Services: LASER SHOW: Saturday May 23, Sundays, May 24, June 7, 14, 21,
28, July 5, 12, 19, 26, August 2, 9, 16, 23, 30, September 6, 2013. FIREWORKS: NSP-June 28, July
12, 19, 26, August 2, 9, 16, 25, BEACH FIREWORKS: July 6, 7, 13, 14, 20, 21, 27, 28, August 3, 4,
10, 11, 17, 18, 24, 25; OC SAND FEST: August 24-30; BEACH MAZE: October 17,18,24,25.
Address for Contract: Donna Abbott, Tourism Director, Ocean City Department of Tourism,
4001 Coastal Highway, Ocean City, Maryland 21842, Telephone: 410-723-8609, FAX: 410-2890058, E-mail: dabbott@oceancitymd.gov
Artist Information: Bob Rothermel, 3 Dorchester St, Ocean City, MD, 21842, Telephone:
410.289.8230, FAX: 410.289.3281, E-mail: Brother911@aol.com.
Wages and Terms: This agreement is for 2015 and 2016 with an option for 2017 to be
exercised September 7, 2015 unless otherwise stated by written notice. Mayor and City Council
agree that Special Event Productions/T.E.A.M. Productions will provide all necessary items and
support to create a five story tall inflatable sphere featuring a visual laser, lighting, video and
audio production with visibility up and down the Boardwalk. There will be three (3) shows per
night. Additionally Special Event/ TEAM will supply all necessary items and support for an 8
minute fireworks display as approved by the Fire Marshall. Special Event/TEAM will produce a
sand art event featuring at least 10 professionally carved giant sand castle styled displays.
Furthermore Special Event/TEAM will create and produce a Beach Maze on the Beach in late
October. In return the Town of Ocean city will reimburse Bob Rothermel D.B.A. Special Event
Productions/ T.E.A.M. Productions $300,000 in each calendar year on a schedule mutually
agreed to by both parties. Actual event days in 2016 and 2017 to follow same pattern as those
set for in 2015 unless otherwise stated in writing and mutually agreed.
Should adverse weather be an issue, a mutually agreeable decision will be made as to
postponement or cancellation.
Accepted and agreed by: ____________________
David Recor
______________________________
Robert A. Rothermel, Jr.

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
TOWN OF
The White Marlin Capital of the World
TO:
THRU:
FROM:
RE:
DATE:
Agenda Item #
5B
Council Meeting
January 27, 2015
The Honorable Mayor, Council President and Members of the Council

David L. Recor, ICMA-CM, City Manager
Chief Ross Buzzuro
Police Department General Order Revisions
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 vehicle
operations. 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
INTERDEPARTMENTAL MEMO
DATE
30 June 2014
TO
Guy Ayres, Attorney at Law

City Solicitor
FROM
Brian Cardamone, Lieutenant

Police 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 existing
policy as highlighted in red.
2.
S.O.P. ADM 011, titled Documentation & Review Process - Pursuit Driving This is a
new policy that was created by removing the procedure from General Order 400 E-1 and
formatting the language into ADM 011. There are no changes to existing policy and
practice as a result.
3.
G.O. 400 E-1, titled Vehicle Operation - Routine and Non-Routine This is an existing
General Order that has been updated to address some current issues of policy/guidance
for officers. Aside from some minor additions, much of the modification cleans up
existing language. I have highlighted new and modified language in red text.
I am available to address questions and/or concerns regarding this policy so please feel free to
contact me at 410-723-6622.
Thank you for your assistance in this matter.
Brian L. Cardamone
Attachment(s)
From:
To:
Subject:
Date:
Carol Ann Beres

Brian Cardamone
S.O.P. OPS 009, S.O.P. ADM 011 and G.O. 400 E-1
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
Carol Ann Beres

Ayres, Jenkins, Gordy & Almand, P.A.
6200 Coastal Highway, Suite 200
Ocean City, MD 21842
410-723-1400 x 111
410-723-4730 (fax)
cberes@ajgalaw.com
Ocean City Police Department

General Order
Subject:
Vehicle Operation - Routine and Non-Routine
Rescinds:
Amends:
G.O. 400 E-1 (Dated: 2/7/2012)
No.
G.O. 400 E-1
Related Directive:
S.O.P. OPS 009, SOP
ADM - 011
Approval Date:
Effective Date:
Distribution Date:
Distribution Type:
XXXXX
XXXXX
XXXXXX
A
References: C.A.L.E.A. Reference 41.2.1, 41.2.2, 41.2.3, 41.3.3
IACP Vehicle Pursuit Guideline
TABLE OF CONTENTS
I.
Purpose
II.
Definitions
A.
Emergency Call
B.
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 Operation Emergency Response Driving
VI.
Non-Routine Vehicle Operation Pursuit 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:
I.
G.O. 400 E-1
Purpose:
Employees shall operate police vehicles reasonably and with due regard for the rights
and safety of others at all times and regardless of circumstances. The need to
apprehend a violator of the law or to respond to a location or situation does not normally
justify creation of new or additional risks of injury or death to police officers or to others.
Occasionally, the need to apprehend a criminal or to provide emergency services may
justify driving outside normally applicable laws and rules of the road. Maryland
Transportation Article 21-106 creates only limited exemptions for emergency vehicle
operators.
II.
Definitions:
A.
B.
Emergency Call:
circumstances:
A call for police service that involves any of the following
1.
Traffic collision with personal injury;
2.
Assist E.M.S / Ambulance when communications confirms a serious

medical problem, such as cardiac arrest, drowning, or life threatening
injury.
3.
Assist Fire Department when communications confirms report of smoke

or 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 the

discretion of a supervisor.
8.
When engaged in pursuit driving as defined in Section II, B., 2 and

described in Section VI of this policy.
Non-Routine Vehicle Operation: The operation of an emergency vehicle

outside normal traffic laws and rules of the road as in the case of:
1.
Emergency Response Driving:

The non-routine vehicle operation for
the purpose of responding to emergency calls for police service or to a
location requiring immediate police presence or service due to an
emergency.
Subject:
2.
G.O. 400 E-1
Pursuit Driving:
The non-routine vehicle operation in an effort to
apprehend, 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 Communication
Center personnel or a police supervisor, or engaged in pursuit driving.
D.
Pursuit: When a police officer operating an authorized emergency vehicle with

both lights and siren activated attempts to apprehend a fleeing suspect of a
criminal or traffic offense outlined in this policy and said suspect exhibits evasive
tactics to avoid apprehension.
E.
Pursuit Rated: A term used to classify a sport utility style vehicle that is only
equipped with the ability to be driven in two wheel drive (2WD). This type of
police package vehicle is specifically designed and rated for pursuit driving.
F.
Reasonable Safety: Circumstances in which the risks associated with nonroutine vehicle operation are less than the risks created or perpetuated
otherwise, considering on balance:
G.
1.
The seriousness and/or dangerousness of the crime or matter warranting

police 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 warning

signals;
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.
Routine Vehicle Operation: The operation of a motor vehicle in conformance

with normal traffic laws and rules of the road.
Subject:
H.
III.
G.O. 400 E-1
Termination of Pursuit: The discontinuation of the pursuit and return to routine

vehicle operation.
Policy:
Police vehicle operation shall be within the law, take reasonable account of all facets of
public safety, and reasonably balance all competing risks. Irresponsible, careless and
reckless driving is prohibited and will not be tolerated. Police vehicle operation shall be
at all times consistent with the concept of reasonable safety (as that term is defined
herein) and with all other requirements of this Policy.
IV.
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 established
policies and procedures when operating a departmental vehicle.
B.
An employee, assigned as the vehicle driver, shall be responsible for the

vehicles cleanliness and equipment organization and shall inspect said vehicle
for damage before use. The employee shall report the following to his/her
supervisor:
1.
Damage not previously reported per Sub-section C below,
2.
Damage to or malfunction of the vehicle which occurs while the

vehicle is in his/her care to his/her supervisor,
3.
Observed vehicle maintenance, equipment and safety needs.
C.
All reported vehicle damage and maintenance needs shall be forwarded, via
official channels, to the Departments Services Management Section
Commander who will maintain and publish a listing of vehicle damage reports
that can be accessed by supervisors for review purposes.
D.
Employees may drive Department vehicles outside of their scheduled duty days
for court or training attendance. Other official use of vehicles outside of work
hours must be specifically authorized by Special Order or by a Commander.
E.
Vehicles shall normally be kept locked and with the engine off when
unattended. Vehicles shall be considered attended in the following
circumstances:
1.
A canine vehicle when the canine partner is inside the vehicle.
2.
A vehicle parked while an officer is engaged in a traffic stop, traffic

detail, or collision investigation and the officer is within a reasonable
distance from the vehicle.
Subject:
G.O. 400 E-1
F.
All vehicles returned to their assigned location after use must contain at least
3/4th of 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) that
are owned, leased, or rented by the Department. This also applies to the
operation of privately owned or other vehicles if used on-duty.
H.
Employees shall notify the Emergency Communication Center and shall ensure
the following information is recorded in a Call for Service (C.F.S.) report when
transporting a citizen in a departmental vehicle.
1.
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 Departments

Ride-Along Program.
I.
V.
The operator of a vehicle shall immediately notify a supervisor when involved

in a motor vehicle collision. The investigation of the collision will be
conducted in conformance with General Order 200 D-2.
Non-Routine Vehicle Operation Emergency Response Driving:

A.
Only sworn police officers are permitted to engage in non-routine vehicle

operation. Police officers with non-sworn passengers shall not engage in any
non-routine vehicle operation except in unavoidable emergency circumstances.
B.
Police officers operating an emergency vehicle shall do so with due regard for
the safety of others, recognizing the inherent civil liability associated with
a collision while operating a departmental vehicle in non-routine vehicle
operation. Police officers are not relieved of the duty to exercise such
reasonable care and diligence as the circumstances of the situation may impose.
Subject:
C.
G.O. 400 E-1
The Maryland Transportation Article 21-106 enumerates the privileges an

operator of an emergency vehicle may exercise when responding to an
emergency call; when pursuing a violator, or suspected violator; or when
responding to, but not returning from, a fire alarm.
1.
During any non-routine vehicle operation, police officers shall

continuously operate both audible and visible warning signals (lights and
sirens) to comply with Transportation Article 21-106.
2.
Employees are reminded that the use of audible and visual signals does
not assure that others will be aware of the non-routine operation of a
police vehicle. It is imperative that officers slow and possibly drive the
police vehicle to a complete stop before proceeding through intersections
so as to ensure that the intersection is clear of both vehicles and
pedestrians.
D.
A police officer who is not utilizing audible/visual signals when responding to a

complaint or while engaged in traffic enforcement actions, shall be considered as
responding in routine vehicle operation, and will be held strictly accountable for
the 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 vans
must exercise additional caution in these types of vehicles when operating them
in a non-routine manner as they have increased stopping distances when
compared to police sedans and could potentially roll over at higher speeds and
during evasive maneuvers.
G.
Non-routine vehicle operation is prohibited except where it is possible to do so

with reasonable safety. Non-routine vehicle operation under the reasonable
safety guideline is permitted when the responding officer has been designated a
primary 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 advise
the Emergency Communication Center of his/her location and receive
permission to respond from the Emergency Communication Center or a
supervisor.
I.
Supervisors shall monitor emergency calls to determine if non-routine vehicle

operation is warranted or necessary given the facts and circumstances.
Subject:
VI.
G.O. 400 E-1
J.
It may sometimes be tactically advantageous not to use audible and visual

signals in the immediate area of a crime. When an operator decides to terminate
use of audible and visual signals, for whatever reason, the operator is no longer
in 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 the

scene of an emergency call to notify the Emergency Communication Center in a
timely manner when no additional units are needed at the incident. This shall
include advising all other units who are responding to discontinue their response
or modify their response to routine vehicle operation.
Non-Routine Vehicle Operation Pursuit Driving

A.
Pursuit driving presents a danger to the lives of the public, officers, and suspects
involved in the pursuit. The decision to engage in a pursuit is critical and should
not be made lightly.
B.
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 facts
and circumstances as known to the officer at that time.
C.
Pursuit driving is permitted ONLY when reasonably safe to do so and in the

following limited circumstances when the apprehension of a person for whom
there is reasonable suspicion to detain or probable cause to arrest for one or
more of the following criminal and/or traffic offenses and who cannot likely be
apprehended at a later time and/or by safer means:
1.
Criminal Offenses
a.
Murder
b.
Manslaughter
c.
1st Degree Assault
d.
Rape
e.
Sex Offense 1st, 2nd, and 3rd Degree
f.
Robbery
g.
Carjacking
h.
Kidnapping
i.
Burglary 1st, 2nd, and 3rd Degree
j.
1st Degree Escape
k.
Stolen vehicle
Subject:
l.
2.
G.O. 400 E-1
Any other crime that a supervisor or commander reasonably

believes would require immediate attention.
Traffic Offenses
a.
Driving a vehicle while impaired or under the influence of

alcohol, prescription drugs, or a controlled dangerous
substance or any combination thereof.
NOTE: This must be articulated by an officers training,
knowledge and experience that the operator is in violation of
Transportation Article 21-902
b.
Failure to stop and remain at the scene of any property

damage, 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 and
must return to routine vehicle operation.
E.
The fact that a person is operating a vehicle recklessly and/or at dangerously

high speeds will not, in itself, justify a pursuit.
F.
The fact that a person is operating a vehicle in accordance with the rules of
the road, but fails to stop at the direction of a police officer operating an
emergency vehicle with audible and visual signals activated does not
constitute a pursuit unless evasive tactics are exhibited.
G.
Officers must remember that a pursuit must never create more of a risk
than that originally posed by the suspect. Officers will continually weigh the
risk of a pursuit against the original risk and shall discontinue a pursuit if
circumstances warrant.
H.
Operation of Sport-Utility Style Vehicles and Prisoner Transport Vans:

1.
Officers are prohibited from operating prisoner transport vans during

pursuit driving.
2.
Officers are authorized to operate two wheel drive (2WD), pursuitrated sport-utility style vehicles during pursuit driving.
3.
Officers are prohibited from operating four wheel drive (4WD) sport
utility style vehicles during pursuit driving, unless specifically
authorized by a supervisor.
4.
If an officer is operating a sport-utility style vehicle equipped with four

wheel drive (4WD), the officer is required to notify his/her supervisor
that a sport utility style vehicle equipped with four wheel drive (4WD)
Subject:
G.O. 400 E-1
is being operated by said officer prior to engaging in pursuit driving.

Officers operating any type of sport utility style vehicle during any nonroutine vehicle operation shall adhere to the safety issues as outlined
in Section V of this policy.
I.
Any police officer who engages in pursuit driving shall immediately notify the
Emergency 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, and
speeds involved throughout the pursuit. As soon as reasonably possible, the
police officer shall also communicate other factors enumerated in the definition of
reasonable safety in Section II, Subsection F of this Policy. If there is a
secondary pursuit vehicle in position to do so, the operator of that vehicle shall
take over communication responsibility regarding location, direction of travel,
vehicle speeds, and other available information affecting reasonable safety.
J.
Once information that pursuit driving has been initiated, the Emergency
Communication Center will broadcast all available information that would aid
officers and/or public safety. They shall also notify other law enforcement
jurisdictions that may be affected by the ongoing pursuit in a timely fashion.
K.
The Emergency Communication Center will notify an on-duty supervisor and/or

shift commander of the pursuit as soon as possible after the pursuit is initiated
and the reason for the pursuit. The supervisor/commander shall immediately
begin monitoring the pursuit and re-evaluating whether the basic criteria justifying
non-routine vehicle operation are present. If at any time, it should appear that
the 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 and
supervisor/commander shall continuously weigh all available information. If at
any point the pursuit no longer satisfies the criteria required for non-routine
vehicle operation, the pursuit shall be immediately terminated and the officer
shall return to routine vehicle operations.
M.
No police officer or supervisor will be disciplined or criticized for a decision,

based on this policy and/or the law, not to pursue.
Subject:
G.O. 400 E-1
N.
Officers engaged in pursuit driving shall maintain a safe distance behind the
pursued vehicle as to assure they do not collide with the pursued vehicle in the
event of a sudden stop, collision or loss of control. Only two police vehicles are
authorized to engage in pursuit driving, unless another is ordered by the involved
supervisor.
O.
A secondary unit may engage in pursuit driving, but shall remain so far behind
the primary pursuit vehicle as to assure that they do not collide with one another.
A secondary pursuit vehicle shall not pass the primary pursuit vehicle unless the
primary vehicle becomes disabled or in a position that would be more
advantageous for the secondary unit to assume the responsibility of the primary
vehicle.
P.
Other units shall not become involved in the pursuit, shall not leave their
assigned areas unless requested or ordered to do so by a supervisor, and shall
not engage in non-routine vehicle operation in order to move with or toward a
pursuit. Rather, they shall stay clear of the pursuit and refrain from nonemergency radio traffic while remaining alert to the location and progress of the
pursuit.
Q.
While roadblocks, boxing in, rolling roadblocks, channeling, and P.I.T.

maneuvers are reasonable and legally sufficient techniques to bring a pursuit to a
conclusion, these types of techniques are not conducive to local conditions and
officers are not properly trained to engage in these techniques. The intentional
contact by police vehicles with the pursued vehicle is likely to be considered
deadly force and is prohibited except as a last resort where deadly force is
authorized under the Departments use-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 and
safety of other operators.
S.
Tire deflation devices may, with supervisory approval, be used in accordance

with Department training and standard operating procedures outlined in
SOP OPS 009 in an attempt to prevent or end a pursuit.
T.
If State Police aviation is present during a pursuit and can maintain surveillance
of the pursued vehicle, pursuit driving shall be minimized and further efforts to
apprehend shall be directed by supervisors as aided by air surveillance
information.
U.
If the involved officer cannot maintain continuous radio contact with the
Emergency Communication Center and supervisory personnel, pursuit driving
shall immediately be terminated, unless compelling emergency circumstances or
officer safety issues demand otherwise.
V.
Police officers involved in pursuits shall immediately comply with an order to

terminate the pursuit by a supervisor or shall self terminate the pursuit when
information does not support pursuit driving criteria.
10
Subject:
W.
X.
VII.
G.O. 400 E-1
In the event that an officer is involved in a motor vehicle collision during the
course of pursuit driving, the officer shall immediately terminate their involvement
and take proper action as is required by the Maryland Transportation Article,
and all other departmental orders and directives unless:
1.
No unit is available to assume the pursuit or respond for the unit

involved; 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.
At the conclusion of any vehicular pursuit, high risk stop tactics shall be used by
all officers present when practical.
Extra-Jurisdictional Pursuits:
A.
Inter-Jurisdictional Pursuits Initiated by the Ocean City Police Department:

1.
2.
B.
When a pursuit leaves the corporate limits of Ocean City, officers and
supervisors shall re-evaluate the pursuit to include consideration of the
following factors:
a.
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 can
be conducted in a reasonably safe manner and in compliance with
state law and policy.
The pursuing officer or supervisor shall request assistance from another

agency. Whenever possible the primary unit shall surrender the pursuit to
the agency of that jurisdiction and continue to assist until properly
relieved.
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 the
pursuit by a supervisor.
2.
A supervisor shall not assign officers to participate in such pursuits unless

assistance is requested by the initiating agency, and they provide
sufficient information including the crime the suspects are believed to
have committed in order that a supervisor can determine if the pursuit is
in compliance with the provisions of this policy.
11
Subject:
3.
VIII.
If insufficient information is received and/or if the outside initiated pursuit

is not in compliance with this policy, the pursuit shall not be joined by
Department police officers. However, a supervisor may authorize
officer(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 the
pursuit vehicle is stopped.
Reporting and Review

A.
Officers involved in a pursuit shall complete an incident report prior to the

completion of their tour of duty. The report shall include all pertinent information
as established by this policy. This requirement includes all participants of the
pursuit including officer(s) who deployed stop sticks.
B.
A supervisory report and analysis of the pursuit shall be completed after a

complete review of the incident report has been conducted. The supervisory
report and analysis shall be completed as outlined in Standard Operating
Procedure ADM-011.
C.
All pursuits shall be reviewed by an EVOC instructor and the involved

officers/officers Division Commander as outlined in Standard Operating
Procedure ADM-011. Any violation of policy shall be documented and forward to
the Office of Professional Standards for review.
D.
The Office of Professional Standards shall review the pursuit report completed by
the involved officer and the pursuit module completed by the shift supervisor to
assure compliance with Department policy. Any deviation from policy noted in
pursuit reports shall be reviewed by the Office of Professional Standards and a
recommendation shall be made to the Chief of Police regarding additional action.
This action may involve:
E.
IX.
G.O. 400 E-1
1.
Policy evaluation
2.
Training
3.
Counseling
4.
Punitive measures
The Chief of Police shall review all pursuit reports and reviews.
Training:
A.
The Training Section, with the assistance of Departments EVOC instructors, will
assure classroom and/or practical instruction in routine and non-routine vehicle
operations is provided to police officers every three (3) years.
B.
Non-sworn employees will be provided driver training at the direction of the

Town of Ocean Citys Risk Management or by the Department.
12
DATE
14 November 2014
TO

City Solicitor
FROM
Brian Cardamone, Lieutenant

Police Department
SUBJECT
Revised General Order 500 A-3 Review
Attached you will find our current General Order 500 A-3 concerning Specialty Unit Assignment
and Specialized Training Selection.
We have made several revisions to the policy which I have highlighted red. Section V, SubSection B on page 6 is a complete re-write of the existing policy. The revision adds the use of
written exercises as a selection process for specialized training. The current policy mandates
an interview. In addition to that, the remainder of the revisions are minor wording issues.
I am available to address questions and/or concerns regarding this policy so please feel free to
contact me at 410-520-5301.
Brian L. Cardamone
Attachment

General Order
Subject:
No.
Specialty Unit Assignment and Specialized Training Selection
Rescinds:
Amends:
G.O. 500 A-3
Related Directive:
G.O. 500 A-3
G.O. 300 A-1
Dated 07/03/2012
Approval Date:
Effective Date:
XXXXXXX
XXXXXXX
Distribution Date:
XXXXXXX
References:
TABLE OF CONTENTS
I.
Purpose
II.
Definitions
A.
Specialty Unit
B.
Specialized Training
C.
Command Level/Leadership Training
III.
Policy
IV.
Selection Protocol Specialty Unit
V.
A.
Announcement
B.
Selection
Selection Protocol Specialized Training

A.
Announcement
B.
Selection
VI.
Command Level/Leadership Training
VII.
Training Agreement
Distribution Type:
A
I.
G.O. 500 A-3
Purpose:
The purpose of this Policy is to ensure that a selection process fair and equitable
process is established and maintained to fill vacancies in the Departments specialty
units and/or to identify select qualified personnel to attend specialized training. Training
opportunities outside the parameters of this Policy will be addressed based on:
A.
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 law
enforcement tactics that enhance an employees ability in his/her current assignment.
II.
Definitions:
A.
Specialty Unit:
For the purpose of this Policy, the following assignments
are considered specialty units:
C.I.D. Major Crimes General Assignment
Traffic Safety Unit
Quick Response Team
Mounted Unit
Canine Unit
Firearms Training Unit
Bike Maintenance Unit
III.
C.I.D. Narcotics Section

Evidence Technician
Crisis Negotiation Team
C.I.D. Selective Enforcement Unit
Breath Test Operator
Defensive Tactics Training Unit
General Topic Instructor
B.
Specialized Training: Includes instruction unique to the above listed specialty

units and/or areas requiring advanced training above and beyond that necessary
to perform tasks associated with basic law enforcement.
C.
Command Level/Leadership Training:

Advanced management instruction
hosted by organizations such as the Federal Bureau of Investigation (FBI-NA),
Southern Police Institute (SPI), Northwestern Institute - SPSC, Police Executive
Development (POLEX) and the Police Executive Research Forum (PERF).
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 will
continually evaluate manpower allocation and distribution to meet the changing
needs of the community and those of the Department.
B.
The Department will allocate employees to each Division within the organization
in accordance with workload assessments. Each Division Commander will be
responsible for notifying the Chief of Police when individual Division workloads
dictate additional staffing requirements. The final decision to increase personnel
within a Division is the responsibility of the Chief of Police.
2
IV.
G.O. 500 A-3
Selection Protocol Specialty Unit

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

assignment will be advertised department-wide. Such advertisement will
be published by means of a Special Order at the direction of the Division
Commander of the affected unit. The Special Order announcing the
vacancy shall include the following information:
a.
A job description detailing the primary duties and responsibilities

of the assignment
b.
Personal characteristics of a desired candidate for the assignment
c.
Minimum requirements to include but not be limited to:
d.
i.
Length of service
ii.
Experience
iii.
Education
iv.
Special skills
v.
Rank restrictions
Deadline for acceptance of the expression of interest for the

specified assignment
2.
Employees who desire an assignment to a specialty unit must meet the

minimum service requirements as specified in policies related to Duties
and Responsibilities of a designated rank.
3.
Employees who meet the minimum requirements as set forth in this order
and the advertised vacancy shall forward an intra-departmental
memorandum (Form 95) detailing their interest in the position, via the
Chain of Command, to the Division Commander of the affected unit. The
Division Commander will acknowledge receipt of each expression of
interest via e-mail to the author of the memorandum.
4.
The original copy of the memorandum must be commented on by each

supervisor in the Chain of Command until it reaches the Division
Commander who initiated the advertisement for a specialty unit vacancy.
Supervisors shall screen candidates for minimum requirements and note
if a candidate is eligible for consideration.
B.
G.O. 500 A-3
Selection:
1.
The Division Commander, assisted by the Training and Recruiting

Section supervisor, shall screen all expressions of interest to ensure that
they meet the stated criteria. and to coordinate scheduling of formal
interviews.
2.
The Division Commander or his/her designee shall impanel and chair an

Interview Board. The Interview Board shall consist of a minimum of three
(3) employees of the department, one (1) of which must be from the
Support Services Division and one(1) shall be a member of the affected
specialty unit.
3.
The Support Services Division representative is responsible for

monitoring the interview process. to ensure impartiality and fairness. The
Support Services Division representative will rate each candidates
performance along with the other members of the panel.
4.
At the conclusion of the interview process, the Interview Board

Chairperson 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 interview
panel will still convene to assure candidate suitability.
5.
Employees selected for assignment to a specialty unit shall not be

excluded from consideration for promotion, or for appointment to acting
ranks, 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 to

attend specialized training that is considered core training to their
specialty assignment. Selection to attend specialized training shall be
administered at the direction of the Specialty Unit Coordinator with the
approval of the affected Division Commander without regard to the
provisions outlined in Section V of this Policy.
8.
Division Commanders reserve the right to appoint, with the approval of

the Chief of Police, supervisors to supervisory positions within each
specialty unit. The appointment process is based solely on the needs of
the Department at that given time.
V.
G.O. 500 A-3
Selection Protocol Specialized Training:

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

Specialty Unit becomes available, the training will be advertised
department-wide. Such advertisement will be published by means of a
Special Order through the Training and Recruiting Section. The Special
Order 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 successfully

complete the training, if applicable.
c.
Personal characteristics of a desired candidate for the assignment
d.
Minimum requirements to include but not be limited to:
e.
i.
Length of service
ii.
Experience
iii.
Education
iv.
Special skills
v.
Rank restrictions
Deadline for acceptance of application for the specified

assignment.
2.
Employees who wish to attend specialized training must meet the

minimum service as specified in policies related to Duties and
Responsibilities of a designated rank.
2.
Employees who meet the minimum requirements as set forth in this order
and the advertised training shall forward an intra-departmental
memorandum (Form 95) detailing their qualifications for the training,
through the Chain of Command, to the Training and Recruiting Section
(pdtrain@oceancitymd.gov). The Training and Recruiting Section will
acknowledge receipt of each expression of interest via e-mail to the
author of the memorandum.
3.
The original copy of the memo must be commented on by each

supervisor in the Chain of Command until it reaches the Training and
Recruiting Section. Supervisors shall screen candidates for minimum
requirements and note if a candidate is eligible for consideration.
B.
Selection:
1.
Once the deadline for submission of an expression of interest has

passed, the Department shall conduct a selection process to determine
the specialized training attendees.
2.
When fewer expressions of interest are received than specialized training

availability, the Department may approve all applicants attendance to the
training without a formal selection process.
3.
The selection process for specialized training may include interviews

and/or written exercises administered in-person or via Department
software programs.
4.
The Training and Recruiting Section supervisor shall oversee the

selection process and is responsible for:
5.
VI.
G.O. 500 A-3
a.
Screening all expressions of interest to ensure that the candidate

meets the stated criteria.
b.
Developing, coordinating and monitoring the selection process to

include impaneling a selection board.
c.
At the conclusion of the selection process, making a written

recommendation regarding acceptable candidate(s) to attend the
training to the Chief of Police, who shall make the final selection.
Selection boards shall:

a.
Consist of a minimum of three (3) employees from a cross-section

of the Department.
b.
Conduct an interview with applicants, and/or evaluate written

exercises completed and submitted by applicants and;
c.
Evaluate each applicant and submit final ratings to the Training

and Recruiting Section supervisor.
Command Level/Leadership Training:

A.
Periodically, the Department is invited to select employees to attend command

level/leadership training. This type of training will routinely be reserved for
personnel who have achieved the rank of Lieutenant.
B.
Selection to attend command level/leadership training will be conducted by the

Chief of Police with the input from his/her senior command staff. Employees
considered for selection must also meet all minimum requirements set by the
host academy / training provider.
C.
VII.
VIII.
G.O. 500 A-3
Factors that will be considered during the selection process include:

1.
Previous attendance of command level/leadership training
2.
Current assignment and responsibilities
Needs of the Department.
C.
In the event personnel below the rank of Lieutenant are offered the opportunity to
attend Command Level/Leadership training, the guidelines set for in IV, B shall
be followed.
D.
The selection process for employees below the rank of lieutenant to attend
command level/leadership training shall consist of a written exercise (Staff Study)
and oral interview with the Chief of Police and two (2) division commanders.
Training Agreement
A.
Due to the expenses associated with specialized training, the Department

reserves the right to recoup all, or a portion thereof, expenses incurred in the
training of an employee if a specific length of time in service is not met.
B.
The Training and Recruiting Section shall assure employees attending

specialized training read and sign the required Training Agreement prior to the
issuance of a Special Order detailing their attendance.
C.
The terms of the agreement are outlined in the OCPD Training and Recruiting
Form 226
Appendix:
OCPD Training and Recruiting Form 226: Training Agreement
DATE
15 September 2014
TO

City Solicitor
FROM
Gregory Guiton, Captain

Police 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 all
similar policies pertaining to confidentiality and security protocols (500 N-2 through N-5),
were implemented in June 1990. We have elected to consolidate the information from
each policy into one comprehensive document with all appropriate updates regarding
release of police reports/information, criminal history, juvenile records and information,
and report request procedures/reproduction fees.
Should you have a question or concern with the language in the attached policy, please
feel free to contact me at 410-723-6622 or gguiton@oceancitymd.gov. I can also make
available to you the current policies if this will assist you in your review.
Gregory Guiton
Attachment
Greg Guiton
From:
Sent:
To:
Subject:
Carol Ann Beres <cberes@ajgalaw.com>

Friday, September 19, 2014 2:55 PM
Greg Guiton
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)
cberes@ajgalaw.com
From: Greg Guiton <GGuiton@oceancitymd.gov>

Date: Wednesday, September 24, 2014 at 4:17 PM
To: Guy Ayres <gayres@ajgalaw.com>
Subject: GO500n-1
Guy,
Per our conversation, page 5 highlighted in red. Thanks, Greg
Captain Gregory Guiton

Support Services Division
6501 Coastal Highway
Ocean City, MD 21842
Telephone: 410-723-6622
Facsimile: 410-723-4010
E-Mail: gguiton@oceancitymd.gov
F.B.I.N.A.
th
215 Session
PERF SMIP
rd
33 Session
Web: oceancitymd.gov/police
Please consider the environment before printing this email

NOTICE: This e-mail message and all attachments transmitted with it may contain legally privileged and
confidential information intended solely for the use of the addressee. If the reader of this message is not
the intended recipient, you are hereby notified that any reading, dissemination, distribution, copying, or
other use of this message or its attachments is strictly prohibited. If you have received this message in
error, please notify the sender immediately by electronic mail ( gguiton@oceancitymd.gov), and delete
this message and all copies and backups thereof. Thank you.

General Order
Subject:
No.
Confidentiality and Security Protocols for Police Records Management
500 N-1
Rescinds:
Amends:
Related Directive:
500 N-2 (Dated 06-18-90)
500 N-1 (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)
Approval Date:
Effective Date:
Distribution Date:
Distribution Type:
A
References:
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
I.
G.O. 500 N-1
Purpose
The purpose of this policy is to provide officers with guidelines for determining if and
under what conditions records must be maintained, as well as the responsibilities related
to such recordkeeping and production.
The people of this State have a broad right of access to public records while being
weighed against protecting legitimate governmental interests and the privacy rights of
individual citizens. It is the responsibility of the Records Management Section serving as
the custodian of records to determine when federal and state laws and regulations
authorize the release of official Department records. When applicable after weighing
against protecting legitimate governmental interests and the privacy rights of individual
citizens, the public should have access to government records without unnecessary cost
or delay.
The release and dissemination of Department records is the responsibility of the
Records Management Section and only Records Management Section personnel are
authorized to release reports. Records Management Section personnel have a
responsibility to provide such access to police records unless the records must remain
undisclosed for purposes of protecting legitimate governmental interests and the privacy
rights of individual citizens.
A large portion of the information maintained by the Records Management Section is
routine in nature. However, some reports contain personal and sensitive data, and
failure to keep such information confidential can often cause irrevocable damage to the
Department as well as the individual(s) involved. Release of sensitive information may
lead to a loss of public confidence in the police organization, amongst triggering other
direct and indirect consequences. The safeguarding of information is the task of every
member of the Records Management Section and each member shall be constantly
aware of his/her obligations to maintain the strictest confidentiality of all records.
II.
Definitions
A.
Custodian: The official custodian or any other authorized individual who has
physical custody and control of a public record.
B.
Juvenile: Any person under the age of 18. A juvenile waived to adult status is
not considered a juvenile.
C.
Official Custodian (Chief of Police): The officer or employee of the

Department who has the overall legal responsibility for the care and keeping of
public records. The official custodian is authorized to decide whether to seek
court action to protect records from disclosure. The official custodian is also the
person who must establish reasonable fee schedules. The official custodian
can also be the custodian of the records, depending upon who has physical
custody and control of the records.
D.
Personal Information: Information that identifies an individuals address,

drivers license number or other identification number, medical or disability
information, name, photograph or computer generated image, Social Security
G.O. 500 N-1
number, or telephone number. Personal Information does not include an

individuals drivers status, driving offenses, zip code or information on vehicular
accidents.
III.
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 a
legal disability, this would be the parent or legal representative of the person.
F.
Public Record: Public record means the original or any copy of any
documentary material that is made by a unit or instrumentality of the State
government or of a political subdivision or received by the unit or instrumentality
in connection with the transaction of public business and is in any form, including:
card; computerized record; correspondence; drawing; film or microfilm; form;
map; photograph or Photostat; audio/image recording; and tape.
Policy
The Department recognizes the vital responsibility of its record keeping requirements
and its dissemination of public information. As such, the Department shall always be
cognizant of protecting legitimate governmental interests and the privacy rights of
individual citizens when making determinations regarding the release of records or
documents pertaining to Department activities.
Recognizing the intrusiveness of producing personal information, the Department will
safeguard documents with the utmost scrutiny, with proper authority and due recognition
to the procedural guidelines for such records as set forth in this policy.
IV.
Release of Police Reports and Information

The Departments Records Management Section shall comply with all federal, State and
local laws concerning release of information. Only Records Management Section
personnel 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 shall
be reviewed to determine whether disclosure would prejudice a Department
investigation or constitute an unwarranted invasion of personal privacy. The
report review shall be completed by the Records Management Section
supervisor or his/her designee.
In some instances (e.g., pending criminal case or civil action involving the Town)
reports and report information may also require review by the State's Attorney's
Office and/or the City Solicitor's Office prior to release.
B.
Release of Report Information to Criminal Justice Agencies

Criminal justice agencies may receive complete, uncensored reports and report
information. Criminal justice agencies entitled to uncensored report information
include:
G.O. 500 N-1
1.
Federal law enforcement agencies, investigators from the federal Office

of 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 and
the Department of Parole and Probation.
Other agencies, even though they may have the power of arrest, may not
be entitled to unrestricted reports and report information. Their requests
should be handled in the same manner as requests made by
complainants and victims.
C.
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.
D.
1.
Generally, only a cover sheet and property report may be released to a

complainant or victim.
2.
If more than the cover sheet and property report are requested, a
determination shall be made by the reviewing authority as to release.
3.
Complainants and victims are entitled to the name, address and date of
birth of any adult suspect for the purposes of completing an Application
for Statement of Charges in the Maryland District Court.
Release of Report Information to Insurance Companies

A copy of an Incident Report may be furnished to an insurance company having
direct involvement, after the appropriate review and removal of restricted
information.
E.
1.
Generally, a cover sheet and property report should satisfy the

informational needs of an insurance company.
2.
If more than a cover sheet and property report are requested, a

determination shall be made by the reviewing authority as to release.
Release of Report Information to General Public

The Records Management Section shall not routinely release information to the
general public. Requests from persons not directly involved in an incident shall
be referred to the Records Management Section Supervisor or his/her designee.
The Records Management Section Supervisor may release the following
information:
F.
G.O. 500 N-1
1.
Confirmation that an incident did occur, unless it would compromise an

on-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 the
case has been adjudicated, it becomes criminal history and the arrestees
information can only be released as outlined in Section V of this General
Order.
Release of Report Information to Attorneys

All requests for reports and report information that involve criminal investigative
matters that are pending trial shall be forwarded to the State's Attorney's Office
for review. This shall also include serious traffic offenses (DUI/DWI, DWS/DWR,
fleeing and eluding, hit and run, etc.) Non-criminal incident report information
shall 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 shall
be:
H.
1.
When a Department employee requests information and his/her identity

has been positively confirmed.
2.
When a criminal justice agency requests information and the caller's

identity has been verified.
Redactions
The following information shall be considered confidential and shall not be
released without approval of the Records Management Section Supervisor or
his/her designee:
1
Suspects' names, victim and witness information. If the requesting party

is named in the record or report, that name need not be redacted;
2.
Officers' opinions and statements about an individual's character or

mental state;
3.
Statements made by persons, except those made by the requesting

party;
4.
All information pertaining to juveniles, except where they are involved in a

minor motor vehicle collision and they are not suspected of, or charged
with, an incarcerable offense;
5.
Any identified, address, or name of a victim of a sexual assault;
V.
G.O. 500 N-1
6.
Photographic images that depict nudity or any deceased persons;
7.
Reports and statements relating to manslaughter cases, except by order

of the State's Attorney's Office or the courts;
8.
Any report, or portion of a report, that could, by its release, interfere with
an on-going investigation or compromise the safety and identity of an
undercover police operative;
9.
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 test

reports depicting alcohol levels; and
12.
Information referring to investigative techniques.
Release of Criminal History Records Information

The Departments Records Management Section shall comply with all federal, State and
local 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 and
strict 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 the
Department. This does not include arrest information from other
jurisdictions. Copies of C.H.R.I. may only be obtained from the Maryland
State Police Criminal Records Central Repository (C.R.C.R.).
2.
Defense Attorneys
An attorney may inspect Department maintained C.H.R.I. of his/her client,
after he/she presents written authorization from that client. The right of
review does not extend to providing a copy of the information.
3.
Criminal Justice Agencies

When officers or agents of federal, State and local criminal justice
agencies request Department maintained C.H.R.I., and a delay in
receiving it from C.R.C.R. would unduly impede necessary action by the
requesting agency or would violate or materially impair a substantive right
of the person about whom the information is needed, such C.H.R.I. may
be released.
G.O. 500 N-1
These cases might include State's Attorney's records checks for court,
court commissioners' inquiries about bail hearings, or requests from
officers of other agencies regarding C.H.R.I. in reference to an on-going
investigation. When any such information is released, it should be noted
on the appropriate dissemination logs.
4.
All requests for Department maintained C.H.R.I. received from private

employers shall be referred to C.R.C.R.
5.
Federal Background Investigators/Recruiters

The Security Clearance Information Act (SCIA) requires that the
Departments Records Management Section provide Department
maintained C.H.R.I. to investigators/recruiters from the following agencies
without 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 not
include juvenile information, sealed record information, non-criminal
fingerprint 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, the
Records Management Section employee shall check the Departments records.
1.
If a record is found in the Records Management System it shall be noted

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

returned to the requesting agency or person.
3.
A dissemination log is maintained in the Records Management Section. It

shall be completed each time CHRI 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.
C.
D.
VI.
G.O. 500 N-1
Telephone Requests for C.H.R.I.

1.
Prior to furnishing the requested information, the identity of the requesting

officer must be verified. A call back number for his/her department should
be obtained to verify employment.
2.
Dissemination logs shall be completed with appropriate information.
Juvenile Records
1.
Juvenile records are confidential and may not be released without a court
order except to law enforcement agencies that are actively investigating
or prosecuting the child. See, infra, VI
2.
When a juvenile has been waived to adult status, the information

regarding that specific charge is treated the same as any adult offense.
See, infra, VI
Juvenile Arrest Records and Information

The Department Records Management Section is responsible for the control and release
of 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 laws
pertaining 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 case
are to be treated as adult files.
1.
An adult arrest folder shall be prepared and maintained, that includes the
specific juvenile charge that was waived.
2.
A note shall be placed in the juvenile arrest folder indicating that a charge
has been waived to adult status and an adult folder has also been
established.
3.
All future information pertaining to the case in which the juvenile was
waived will be placed in the adult folder.
4.
If the juvenile is arrested on another offense at a later date, in which

he/she is charged as a juvenile, routine processing for a juvenile offender
will occur.
5.
In cases where a juvenile has been waived to adult status, the information
pertaining to the arrest shall be handled the same as with any other adult
offender.
6.
Previous and subsequent arrests for which the individual is charged as a

juvenile are not to be released.
B.
C.
G.O. 500 N-1
Juvenile Arrest Records

1.
Juvenile arrest records are confidential and shall be maintained separate

from 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 release
of a juvenile arrest record or information, a copy of the order is to be
attached to the original report and placed in the appropriate file or case
folder.
3.
Parents and the juvenile are not entitled to review or receive copies of
juvenile arrest records.
4.
Federal agencies, military recruiters and private employers cannot access

juvenile arrest records to conduct security clearances or background
investigations for employment purposes.
5.
The Department of Juvenile Services may access juvenile arrest records

for confidential use.
6.
Any law enforcement agency may access juvenile arrest records in order
to investigate or prosecute a child.
Juvenile Traffic Records Information

When a youth is charged and taken before a Maryland District Court
Commissioner, 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 actual
or potential incarceration and/or the juvenile is charged on a citation with a minor
traffic violation with a pre-set fine imposed.
A dissemination log is contained in each juvenile arrest case folder. It shall be
completed 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 requesting

individual must be verified. A written request on the requesting agencys
official letterhead is preferred; or a call back number for his/her
department shall be obtained to verify employment.
2.
Dissemination logs shall be completed with appropriate information.
VII.
G.O. 500 N-1
Records Dissemination and Public Information Requests1

A.
Inspection or copies. Any person may request to inspect or copy public records
of the Department.
1.
Except as otherwise provided in this section, the custodian shall make

public records of the Department available for inspection by an applicant
without demanding a written request.
2.
The custodian shall require a written request if the custodian reasonably

believes that:
3.
B.
a.
the Act or any other law may prevent the disclosure of the public
record to the applicant; or
b.
a written request will materially assist the Department in

responding.
If the applicant requests one or more copies of any public record of the
Department, the custodian may require a written request. A written
request shall: contain the applicants name and address; be signed by
the applicant; and reasonably identify, by brief description, the public
record sought. A request to inspect or copy a public record of the
Department shall be addressed to the custodian of the record. If the
custodian is unknown, the request may be addressed to the Chief of
Police.
Response to a Request
If the custodian decides to grant a request for inspection, the custodian shall
produce the public record for inspection immediately, or within a reasonable time
period not to exceed 30 days after the date of the request, if that period is
needed to retrieve the public record and conduct any necessary review.
If the custodian decides to deny a request for inspection, the custodian shall do
so within 30 days after the request and immediately notify the applicant of the
denial.
If a request is denied, the custodian shall provide the applicant, at the time of
denial or within 10 working days, a written statement that gives the reasons for
the denial, the legal authority for the denial and notices of the remedies available
for review of the denial.
If a requested public record is not in the custody or control of the person to whom
the application is made, that person shall, within 10 working days of the receipt of
the request, notify the applicant that the person does not have custody or control
All Public Information Act (Act) shall be conducted pursuant to the requirements provided in State
Government Article 10-611 et seq.
10
G.O. 500 N-1
of the requested public record and the name and/or location of the public record
if known by the person.
With consent of the applicant, any time limit imposed may be extended for an
additional period of up to 30 days.
C.
Notice to and Consideration of Views of Person(s) Potentially Affected by

Disclosure
Unless prohibited by law, the custodian may provide notice of a request for
inspection or copying of any public record of the Department to any person(s)
who, in the judgment of the custodian, could be adversely affected by the
disclosure of that public record.
The custodian may consider the views of the potentially affected person(s) before
deciding whether to disclose the public record to an applicant.
D.
Public Record Temporarily or Permanently Unavailable

If a requested public record of the Department is in the custody and control of the
person to whom the application is made, but is not immediately available for
inspection or copying, the custodian shall promptly notify the applicant that the
public record is not immediately available and schedule a date within a
reasonable time for inspecting or copying.
If the person to whom the application is made knows that a requested public
record of the Department has been destroyed or lost, that person shall promptly
notify the applicant that the public record is not available and explain the reasons
why that public record cannot be produced.
E.
Review of Denial
If the custodian denies a request to inspect or copy a public record of the
Department, the applicant may, within 30 days after receipt of the notice of
denial, request an administrative hearing.
F.
Disclosure Against Public Interest

1.
Denial pending Court Order: If, in the opinion of the Chief of Police,
disclosure of a public record maintained by the Department otherwise
subject to disclosure under the Act would do substantial injury to the
public interest, the Chief of Police may temporarily deny the request to
obtain a court order allowing nondisclosure. The temporary denial shall
be in writing.
2.
Circuit Court Review: Within 10 working days after the denial, the Chief
of Police shall apply to the appropriate circuit court for an order permitting
continued denial or restriction of access. Notice of the Chief of Polices
complaint shall be served on the applicant in the manner provided for
service of process by the Maryland Rules of Procedure.
11
G.
G.O. 500 N-1
Time and Place of Inspection

An applicant may inspect any public record of the Department that the applicant
is entitled to inspect during the normal working hours of the Department. The
inspection shall occur where the public record is located, unless the custodian,
after taking into account the applicants expressed wish, determines that another
place is more suitable and convenient.
H.
Denying Access to All or Part of a Public Record

1.
Required Denials Specific Records

Under the Act, a custodian shall deny inspection of a public record or any
part of a public record if by law, the public record is privileged or
confidential or the inspection would be contrary to a State statute, a
federal statute or a regulation that is issued under the statute and has the
force 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 Denials Specific Information

A custodian must deny inspection of a part of a public record that
contains, among other types of specific information:
3.
a.
Medical and psychological information;
b.
Sociological information;
c.
Public employees home address and telephone number;
d.
Information system security; and
e.
Alarm systems.
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 any
public record that: (1) the Department keeps and (2) the person in interest is
authorized to inspect.
The Department shall accept a request to correct or amend a public record when
it is received if it reasonably complies with the enumerated requirements. If the
request does reasonably comply with these requirements, the Department shall
return the request to the requestor.
12
G.O. 500 N-1
Within 30 days after the Department receives a request for correction or

amendment that reasonably complies with the above requirements, the custodian
shall inform the requestor of the Departments intended response.
VIII.
Record Requests and Reproduction Fees

A.
All requests for police records must be made in writing on the Police Report
Request form. This requirement does not apply to Department employees,
employees from allied law enforcement agencies, States Attorneys Offices,
courts, or any other official requests.
B.
The fee schedule for copying and certifying copies of public records of the
Department shall reflect those amounts specifically set by law; otherwise, the
Department shall determine reasonable fees for copying and preparation of
public records as outlined in paragraph C of this section.
C.
1.
Before copying a public record of the Department, the custodian shall

estimate the cost of reproduction and either obtain the agreement of the
applicant to pay the cost or demand prepayment of the cost.
2.
The custodian may not charge a search or preparation fee for the first two
hours that an official or employee spends to respond to a request for
public records. The custodian may charge a reasonable fee for additional
time spent beyond the initial two hours searching and preparing public
records for inspection or copying.
3.
The custodian may waive or reduce any fee set under this regulation if
the applicant requests a waiver and the custodian determines that the
waiver or reduction is in the public interest. The official custodian shall
consider, among other relevant factors, the ability of the applicant to pay
the fee.
Fee Schedule
1.
$10.00 flat fee for all reports five pages in length or less. An additional
$1.00/page for reports in excess of five pages.
2.
Requests for records certified as a true copy requires an additional fee of

$2.00/page/signature.
3.
$50.00 fee for a CD containing digital images
4.
$75.00 fee for a CD of recordings from an in-car audio/digital image

recording and/or all surveillance video imagery cameras.
13

January 27 2015 Complete Agenda

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MAYORANDCITYCOUNCIL

WORK SESSION -MAYOR AND CITY COUNCIL

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

Tuesday, January 27, 2015 12:00 p.m.

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

REPORT OF CLOSED SESSION

WORK SESSION -MAYOR AND CITY COUNCIL

IN APPRECIATION OF REX FOXWELL

WORK SESSION -MAYOR AND CITY COUNCIL

IN APPRECIATION OF DOUGLAS R. LEWIS

WORK SESSION -MAYOR AND CITY COUNCIL

IN APPRECIATION OF GERALD DENNIS

WORK SESSION -MAYOR AND CITY COUNCIL

WORK SESSION -MAYOR AND CITY COUNCIL

The White Marlin Capital of the World

January 27, 2015

The Honorable Mayor, Council President and Members of Council

TAB recommends funding events proposed for 2015 and 2016 by

At its December 4, 2014 meeting, TAB reviewed a proposal from

There is $67,116 available in the FY 2015 TAB allocation in the

Approve TAB funds for the event.

Donna Abbott, Tourism & Marketing Director

Tourism Advisory Board

1) TEAM Productions proposed contract

WORK SESSION -MAYOR AND CITY COUNCIL

The White Marlin Capital of the World

January 27, 2015

The Honorable Mayor, Council President and Members of the Council

Revisions to the following OCPD General Orders:

The three (3) policies contain updates regarding operational

There would be no fiscal impact in FY 2015.

Approve revision recommendations.

No staff alternatives suggested.

Captain Greg Guiton

City Solicitor Guy Ayres

General Orders 400 E-1, 500 A-3, and 500 N-1

Guy Ayres, Attorney at Law

Brian Cardamone, Lieutenant

Department Policy Review

Carol Ann Beres

Carol Ann Beres

Ocean City Police Department

Non-Routine Vehicle Operation

Primary Response Units

Routine Vehicle Operation

Routine Vehicle Operation, Maintenance & Use of Police Vehicles

Non-Routine Vehicle Operation Emergency Response Driving

Non-Routine Vehicle Operation Pursuit Driving

Inter-Jurisdictional Pursuits Initiated by the Ocean City Police Department

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

Reporting and Review

Vehicle Operation - Routine and Non-Routine

G.O. 400 E-1

A call for police service that involves any of the following

Traffic collision with personal injury;

Assist E.M.S / Ambulance when communications confirms a serious

Assist Fire Department when communications confirms report of smoke

An officer in trouble, and requiring immediate assistance;

In-progress crimes against persons;

In-progress crimes of:

Any other situation which may necessitate such response at the

When engaged in pursuit driving as defined in Section II, B., 2 and

Non-Routine Vehicle Operation: The operation of an emergency vehicle

Emergency Response Driving: