Alabama Public Records Law
The Alabama Public Records Law is a series of laws designed to guarantee that the public has access to the records of government bodies at all levels in Alabama. The law can be found at statutes 36.12.40-41 and 41.13.1 - 41.13.44 of the Code of Alabama. The law was first enacted in 1923.
The Alabama Open Meetings Act governs the methods by which public meetings are conducted. The law can be found at statutes 36.25A.1 - 36.25A.11 of the Code of Alabama.
To learn more about how to make a public records request in this state, please see: Alabama FOIA procedures
[edit] Recent News
- See also: Alabama transparency headlines
Transparency blocking
- Alabama Medicaid Agency Open Records Act (FOIA) Violations 2010-04-20 20:02:09
- Marshall County commissioners deny request for records 2009-04-30 13:02:14
- Group requests election records 2009-04-30 13:00:59
More transparency blocking news from across the country.
Litigation
- AL Supreme Court holds that state hosptial authorities are subject to transparency laws 2010-11-09 10:26:46
- Trial in Barksdale suit set Aug. 11 2009-04-30 12:53:55
- Barksdale records opened 2009-04-30 12:48:14
More FOIA litigation news from across the country.
Legislation
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More FOIA legislation news from across the country.
Sunshine Guardians
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Other Sunshine Guardians from across the country.
[edit] Relevant legal cases
- See also: Court cases with an impact on state FOIA
Here is a list of lawsuits in Alabama. For more information go the lawsuit or go to Alabama sunshine lawsuits.
(The cases are listed alphabetically. To order them by year please click the icon to the right of the Year heading)
| Lawsuit | Year |
|---|---|
| Blankenship v. City of Hoover | 1991 |
| Brewer v. Watson (Brewer III) | 1882 |
| Chambers v. Birmingham News Co | 1989 |
| Dale v. Birmingham News | 1984 |
| Dunn v. Alabama State University Board of Trustees | 1993 |
| Excise Commissioner of Citronelle v. State ex rel. Skinner | 1912 |
| Holcombe v. State ex rel. Chandler | 1941 |
| Miglionico v. Birmingham News Company | 1979 |
| Montgomery Advertiser v. Montgomery County Board of Education | 1991 |
| Slawson & Furman v. Alabama Forestry Commission | 1994 |
| Stone v. Consolidated Publishing Co | 1981 |
| Water Works & Sewer Board of the City of Talladega v. Consolidated Publishing Inc. | 2004 |
| Water Works Board of Town of Parrish v. White | 1967 |
[edit] Proposed changes
- See sample transparency legislation at the Sunshine Standard
[edit] 2011
We do not currently have any legislation for Alabama in 2011. To add some, please see WikiProject Proposed state sunshine legislation.
[edit] 2010
Here are a list of 30 random bills from Alabama from 2010. For a full list, please see Alabama transparency legislation.
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[edit] 2009
House Bill 154 [1] would prohibit the transferring of funds from one political action committee to another.[1] It was passed in the House on February 12, 2009 and sent to the Senate as Senate Bill 207 where it has been assigned to the Constitutions and Election Committee.[2] The Alabama legislature has passed bills banning the transfer of these funds among political action committees each year beginning in 2000, but the bills have never become law.[2] The state legislature has received criticism for failing to pass this legislation with a local newspaper asking, "Is transparency not that important to members of the Alabama Senate?" [3]
House Bill 295 [4] would require the public disclosure of the names of public officials, spouses of public officials or candidates who have a contract with or are employed by the state, county, or a municipality.[4] It was assigned to the Government Operations Committee on February 26, 2009.[4] Its companion bill in the Senate is Senate Bill 208.[5]
House Bill 876 [6] seeks to make poll lists signed by voters the property of political parties and thereby subject to the open records law.[6]
Senate Bill 207 [7] is the companion bill to House Bill 154.
Senate Bill 208 [5] is the companion bill to House Bill 295. It was assigned to the Constitution, Campaign Finance, Ethics and Elections Committees in the Senate.[5]
Senate Bill 353 [8] would make any meeting in which a state party participates in the meeting subject to the state's Open Meetings Act.[8] It is currently being held in the Governmental Affairs Committee of the Senate.[8]
Senate Bill 399 [9] seeks to make background checks performed on employees of secondary education institutions confidential and not subject to public records laws.[9] It has been assigned to the Education Committee in the Senate.[9]
[edit] Transparency report card
A 2008 study, BGA - Alper Integrity Index, conducted by the Better Government Association and sponsored by Alper Services, ranked Alabama #48 in the nation with an overall percentage of 34.90%. [10]
A 2007 study, Graded state responsiveness to FOI requests, conducted by BGA and the NFOIC, gave Alabama 0 points out of a possible 100, a letter grade of "F", and a ranking of 49 out of the 50 states.[11]
A 2002 study, Freedom of Information in the USA, conducted by IRE and BGA, ranked Alabama's law as the 50th worst in the country, giving it a letter grade of "F".[12]
[edit] Features of the law
Compare States: Sunshine variations: Click on the heading to compare your state's law to other state's transparency laws.
[edit] Declared legal intention
The Alabama law does not have a clear declaration of philosophical intention. The law does state that "Every citizen has a right to inspect and take a copy of any public writing of this state, except as otherwise expressly provided by statute."[13]
[edit] What records are covered?
Public records are defined by the Code of Alabama as "all written, typed or printed books, papers, letters, documents and maps made or received in pursuance of law by the public officers of the state, counties, municipalities and other subdivisions of government in the transactions of public business and shall also include any record authorized to be made by any law of this state belonging or pertaining to any court of record or any other public record authorized by law or any paper, pleading, exhibit or other writing filed with, in or by any such court, office or officer."[14]
[edit] Exemptions
Exemptions to the definition of public records include the records of library materials checked out by library patrons (except in the case of minors, whose parents may request records) and records relating to the security of individuals and infrastructure. [15]
[edit] Deliberative process
Alabama law does not currently contain a deliberative process exemption for any office. [16]
[edit] What agencies are covered?
The Alabama code provides an expansive definition to "public officers" which includes not only elected or appointed officials but also "all persons whatsoever occupying positions in state institutions".[17]
[edit] Legislature
- Ambiguous
The Alabama Public Records Law is ambiguous as to whether or not the law applies to the legislature. However the broad definition of public body would presumably include state legislators.
[edit] Privatized governmental agencies
The history of Alabama case law lends itself to two clear applications of public records laws to non-profits or private entities. The first application only requires that a private corporation function as a public body but recommends that a court consider the origin of the corporation, how it presented itself and the degree of control that a public body has over the corporation as additional factors that aid in their determination. The second application requires that a corporation be funded, created, controlled and function as a public body for it to be considered a public body.[18]
[edit] Public universities
Status: Presumed/Judicially confirmed[19] Popular Exemptions Research Donors Examinations Course Materials
The definition of public body presumably includes public universities within the state. This presumption has been confirmed by a few court cases, including Birmingham News Co. v. Muse which held that NCAA letters of inquiry submitted to the university are public and The Advertiser Co. v. Lee which held that NCAA self reported violations were public.[20]
[edit] Who may request records?
The Alabama Public Records Law states that "Every citizen has a right to inspect and take a copy of any public writing of this state, except as otherwise expressly provided by statute." [21]
Alabama grants every "citizen" the right to access open records. It is unclear whether "citizen" indicates citizens of the state of Alabama or U.S. citizens.
[edit] Must a purpose be stated?
The official Alabama code indicates that no purpose must be stated in order to request open records. However, a number of lawsuits have altered this. In Holcombe v. State ex rel. Chandler the Alabama Supreme Court ruled that records may not be requested for mere "idle curiosity". Further, a 1991 decision, Blankenship v. City of Hoover affirmed the right of departments to inquire as to the reason for a public records request. [22]
[edit] How can records be used?
The official Alabama code does not impose any limitations on the use of records.
[edit] Time allowed for response
- N/A
There are no established time requirements within the Alabama code other than that public officers are required to surrender the records once they have received the appropriate fees. [23]
[edit] Fees for records
[edit] Copy costs:
The fee structures are left to the discretion of the public records official within the department from which the records are requested.[24]
[edit] Search fees:
- N/A
The Alabama law does not encourage the use of search fees nor does it prevent public bodies from charging them. The act is silent as to the appropriate use of fees.
[edit] Records commissions and ombudsmen:
The Alabama State Records Commission was established in 1955 by the Alabama Public Records Law in order to determine which records to keep and which are to be destroyed. To read more about the commission please see: Alabama State Records Commission. In 1987 the legislature created the Alabama Local Government Records Commission in order to serve the same function for local government records. To read more about the commission please see: Alabama Local Government Records Commission.
[edit] Role of the Attorney General
State open records laws do not give the State Attorney General a specific role to play within the enforcement of the measure. That said, however, the State Attorney General could potentially be called upon to prosecute violators of the open records law under the Code of Alabama 1975, § 13A-10-12, which addresses tampering with governmental records. [25]
[edit] Open Meetings
The purpose of the Alabama Open Meetings Act reads as follows: "It is the policy of this state that the deliberative process of governmental bodies shall be open to the public during meetings" and "Except for executive sessions permitted in Section 36-25A-7(a) or as otherwise expressly provided by other federal or state statutes, all meetings of a governmental body shall be open to the public and no meetings of a governmental body may be held without providing notice".[26] To read more about Alabama's open meetings laws, please see: Alabama Open Meetings Act.
[edit] Notable requests
[edit] See also
- Alabama State Records Commission
- Alabama Local Government Records Commission
- Alabama FOIA procedures
- Alabama transparency headlines
- Alabama transparency legislation
- Alabama transparency advocates
- Private agency, public dollars-Alabama
- Alabama Open Meetings Act
[edit] External links
- Code of Alabama public records statute found at 41-13.
- Open Government Guide to Alabama
- Past articles on Alabama
- See sample transparency legislation at the Sunshine Standard
[edit] References
- ↑ 1.0 1.1 Text & Status of HB154
- ↑ 2.0 2.1 The Anniston Star, Slow death of PAC-to-PAC transfers, April 20, 2009
- ↑ Opelika-Auburb News, Senate needs to get on ball and ban PAC to PACs, April 21, 2009
- ↑ 4.0 4.1 4.2 Text & Status of HB295
- ↑ 5.0 5.1 5.2 Text & Status of SB208
- ↑ 6.0 6.1 Text & Status of HB876
- ↑ Text & Status of SB207
- ↑ 8.0 8.1 8.2 Text & Status of SB353
- ↑ 9.0 9.1 9.2 Text & Status of SB399
- ↑ Integrity Index available for download here
- ↑ Graded state responsiveness to FOI requests, 2007
- ↑ Freedom of Information in the USA, 2002
- ↑ Alabama Code 36-12-40
- ↑ Code of Alabama, 41-13-1
- ↑ Alabama Code 36-12-40
- ↑ Deliberative process exemption-Alabama
- ↑ Alabama Code 36-12-1
- ↑ Private agency, public dollars-Alabama
- ↑ RCFP Open Gov. Guide, AL
- ↑ RCFP Open Gov. Guide, AL
- ↑ Alabama Code 36-12-40
- ↑ RCFP Open Government Guide
- ↑ Alabama Code 36-12-41
- ↑ Alabama Code 36-12-41
- ↑ Code of Alabama, 13A-10-12
- ↑ Code of Alabama, 36-25A-1
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