Alabama government corruption
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AL Supreme Court holds that state hosptial authorities are subject to transparency laws
Montgomery, AL On Friday, October 29, 2010 the Alabama Supreme Court ruled in the case of Tennessee Valley Printing Company, Inc. v. Coffee Health Group overturning the decision of a lower court and ruling that the Coffee Health Group, a non-profit hospital management corporation, was in fact a public body subject to open records and open meetings laws. The court determined that because of Coffee's close association with public bodies, including public officials sitting on the board and its involvement in the sale of two publically owned hospitals to private groups, it was in fact a public body subject to the law.[1]
Alabama Medicaid Agency Open Records Act (FOIA) Violations
Is the Alabama Medicaid Agency in violation of the Open Records Act? Chase Gray details an attempt to request files from Alabama Medicaid Agency with inconsistent denials.
Marshall County commissioners deny request for records
Marshall County commissioners have delayed and partially denied an open records request filed by county resident Kathy Barnes on the grounds that she had "insufficient" reason for ask for the records.
Group requests election records
"A public interest watchdog group has ruffled some feathers in Alabama with requests for information about problems in the June 3 primaries.
Blackboxvoting.org, in a June 13 letter to county voting officials, asked for records of election law violations and reports of problems with computerized or electronic voting machines."
New open records policy still unwritten
"From February through May, the city lowered the cost of obtaining public records; made City Council agenda packets available to the public prior to council meetings; and put the city’s Code of Ordinances online.
However, five months after the overall public records policy was changed verbally by Mayor Tim Kant in early February, that new policy has not been put in any formal writing, such as an ordinance or resolution."
Sheriff Curry attempts to keep public out of budget process
"Shelby County Sheriff Chris Curry is raising enough red flags to supply a May Day parade in Moscow.
Curry is asking county commissioners to meet privately, one or two at a time, with the department's operations commander, Capt. Ken Burchfield, to discuss the sheriff's 2008-09 budget request."
Trial in Barksdale suit set Aug. 11
"Mary Barksdale’s Open Records Act suit against the state Department of Corrections is set for trial August 11, according to Sarah Geraghty, an attorney for Southern Center for Human Rights in Atlanta.
Barksdale, mother of the late Farron Barksdale, who died after being incarcerated at Kilby Correctional Facility a year ago, is seeking access to her son’s prison records, which DOC officials contend do not fall under the Open Records Act."
County to disclose financial details
"Jackson County Commission Chairman James Tidmore announced Monday that he will provide the public with a balance of all of the county's funds, as well as the amounts owed on debts, during the next commission meeting."
Barksdale records opened
"A Montgomery judge has ruled the Alabama Department of Corrections must comply with the state’s Open Records Act and release the results of its investigation into the death of inmate Farron Barksdale.
Montgomery County Circuit Court Judge Eugene W. Reese instructed DOC Commissioner Richard Allen to provide the records in an order released Wednesday.
In doing so, Reese dismissed the case Mary Barksdale filed against Allen in an attempt to find out how her son ended up comatose in his cell just three days after entering the state’s prison system."
Copies shouldn't cost $1
"Two public school districts in the Birmingham area are considering charging as much as $1 a page for copies of public documents — a bad idea even when Alabama schools are suffering financially.
Charging high copying fees or fees to search for records is one way of evading the requirements of Alabama's Open Records Act. Both the Birmingham city school system and the Hoover school system, according to The Birmingham News, are considering charging up to $1 per page — and that's too much."
City releases water records to Daily Home
"Some city officials were surprised and angered to learn the city is owed more than $270,000 in unpaid water, sewer and garbage fees.
“I wasn’t aware of the exact dollar amount, but I knew it was up there,” said Councilman Greg Gossett.
He said the large amount of money owed to the city surprises him.
Gossett said what bothers him is that nobody brought this matter to the attention of anyone before it got out of hand or escalated to that much money."
King says CMS ignoring his FOIA request
"Alabama Attorney General Troy King says the federal Medicaid agency won't comply with his request for records pertaining to its recent policy changes.
Those changes are the subject of King's recent lawsuit against the Centers for Medicare and Medicaid Services that alleges the CMS is trying to grab portions of settlements and awards that haven't even been collected yet by the State."
Circuit clerk facilitates court records access
"The difference is like night and day.
Until Wednesday, the general public did not have Web-based electronic access to court records made available without charge at Baldwin County courthouses as required by a state contract with the private company providing the service.
Instead, the general public faced a DOS-based system navigated by function keys reminiscent of the early days of personal computers and before “point-and-click” and “hyperlink” had entered the vocabulary.
But after inquiries this week by the Fairhope Courier and an article in Wednesday’s newspaper, the more user-friendly AlaCourt system had been installed at the main courthouse in Bay Minette and satellite courthouses in Fairhope and Foley, said Baldwin County Circuit Clerk Jody Campbell."
Council takes action on public records policy
"On Monday, the City Council passed a resolution establishing a written public records policy for the city.
“We needed one so that everyone would know what we require,” said City Clerk Lisa Hanks. “The resolution was because we don’t currently have a written policy.”
Early last year, Mayor Tim Kant verbally changed the existing written policy following newspaper articles describing the difficulty and high cost of obtaining some city and police department records.
The new oral policy eliminated the cost of a city employee’s time for research and copying of the records and provided the first 25 pages for free. After that, a 25-cent fee per page was charged."
Water board's records policy is outrageous
"PRICHARD WATER Works and Sewer Board's public records policy claims that the board "recognizes and supports the public's right to inspect and make copies of public records in accordance with the law."
But the policy does nothing of the kind.
Indeed, the board requires a minimum of $275, paid in advance, to request a document, plus copying fees. The person wanting to look at something also must give "a valid reason," and may be rejected if the record's disclosure is determined to be "detrimental to the best interest of the public.""
Colony Mayor refuses to release records
"After an outburst at the Colony Town Council meeting last week, the town’s mayor is now refusing to turn over public records.
On Monday, The Times sent a formal public-records request to Colony Mayor Morris Fitts asking for documents related to financing new bathrooms at the town’s park, an issue that sparked controversy in last week’s meeting.
The newspaper asked to see a record of loan payments to the bank and the contract made with contractors to build new bathrooms, both of which are available for public inspection under Alabama’s open records law."
Appeals judges hear arguments in newspaper’s public records case against city school board
"A three-judge panel on the Second Circuit Court of Appeals heard arguments today in The News-Star’s public records lawsuit against the Monroe City Schools System. Fourth District Judge Wendell Manning ruled on Oct. 29, 2008 that The News-Star was entitled to the records it requested concerning former employee Cassandra Shelling, but the school system appealed the ruling to the Second Circuit. It’s not known when the appeals court judges will issue a ruling on the appeal."
Alabama sheriffs risk being sued for violating the state's public-records law
"Alabama sheriffs need to respond to a request for documents on jail food allowances or risk being sued for violating the state's public-records law.
The case of county sheriffs and the money they pocket after feeding inmates just keeps getting curiouser and curiouser."
Walker County anti-gambling group wants bingo permit records made public
"A gambling opponent has asked a judge to order Walker County's sheriff to release the applications submitted by charities to operate bingo games in that county.
F.S. "Bucky" Rizzo, director of the Walker County Political Accountability Coalition, filed a motion Wednesday night in Walker County Circuit Court seeking access to the bingo permit applications."
Don't further weaken access bill
"A bill in the Alabama Legislature that would give state and local agencies a deadline by which to provide a member of the public access to public records should improve government openness, but only if the Legislature doesn't further water it down before it passes.
The bill by Sen. Larry Dixon, R-Montgomery, originally proposed a deadline of five business days for a public body to produce a record. But Dixon has said that he plans to change the bill to allow 15 business days."
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