Alabama Public Records Law
From Sunshine Review
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The Alabama Public Records Law is a series of laws designed to guarantee that the public has access to public records of government bodies at all levels in Alabama. Statues 41.13.1 - 41.13.44 of the Alabama legislature define the law. The law was first enacted in 1923.
The Alabama Open Meetings Act legislates the methods by which public meetings are conducted. Statutes 36.25A.1 - 36.24A.11 of the Alabama legislature define the law.
[edit] Recent News
[edit] Transparency blocking
- Marshall County commissioners deny request for records
- Group requests election records
- New open records policy still unwritten
More transparency blocking news from across the country.
[edit] Litigation
More FOIA litigation news from across the country.
[edit] Legislation
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More FOIA legislation news from across the country.
[edit] Sunshine Guardians
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Other Sunshine Guardians from across the country.
[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%. [1]
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.[2]
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".[3]
[edit] Features of the law
[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."[4] Exceptions to this law include the records of library materials by library patrons (except in the case of minors, whose parents may request records) and questions of the security of individuals and infrastructure. [5]
[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".[6]
[edit] Who may request records?
"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." [5]
Alabama grants every "citizen" the right to access open records. Whether "citizen" indicates citizens of the state of Alabama or U.S. citizens is unclear.
[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, 240 Ala. 590, 200 So. 739 (1941) the Alabama supreme court ruled that records may not be requested for mere "idle curiosity". Further, a 1991 decision, Blankenship v. City of Hoover, 590 So. 2d 245 (Ala. 1991), affirmed the right of departments to request the reason for the request of public records. [7]
[edit] How can records be used?
The official Alabama code does not state a limitation on the use of records.
[edit] Time allowed for response
- See also: Request response times by state.
There are no time limitations within the Alabama code other than that public officers are required to give the records once the appropriate fees are received.
[edit] Fees for records
The fees are left to the discretion of the public records official within the department from which the records are requested.
[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".[8]
[edit] Proposed changes
House Bill 154 [9] would prohibit the transferring of funds from one political action committee to another.[9] 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.[10] 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.[10] 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?" [11]
House Bill 295 [12] 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.[12] It was assigned to the Government Operations Committee on February 26, 2009.[12] Its companion bill in the Senate is Senate Bill 208.[13]
House Bill 876 [14] seeks to make poll lists signed by voters the property of political parties and thereby subject to the open records law.[14]
Senate Bill 207 [15] is the companion bill to House Bill 154.
Senate Bill 208 [13] is the companion bill to House Bill 295. It was assigned to the Constitution, Campaign Finance, Ethics and Elections Committees in the Senate.[13]
Senate Bill 353 [16] would make any meeting in which a state party participates in the meeting subject to the state's Open Meetings Act.[16] It is currently being held in the Governmental Affairs Committee of the Senate.[16]
Senate Bill 399 [17] seeks to make background checks performed on employees of secondary education institutions confidential and not subject to public records laws.[17] It has been assigned to the Education Committee in the Senate.[17]
[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 the page 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)
[edit] Notable requests
[edit] See also
[edit] External links
- Alabama on WikiFOIA
- Code of Alabama public records statute found at 41-13.
- Open Government Guide to Alabama
[edit] References
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