Alaska Public Records Act

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The Alaska Public Records Law (APRA) is a series of laws designed to guarantee that the public has access to public records of government bodies at all levels in Alaska. Statutes 40.25.100 - 40.25.125 of the Alaska legislature define the law. As recently as 2003, the Alaskan Supreme Court said that access to public records is "a fundamental right" (see Fuller v. City of Homer).

The Alaska Open Meetings Act (OMA) legislates the methods by which public meetings are conducted. Statutes 44.62.310 - 44.62.470 of the Alaska legislature define the law.

To learn more about how to make a public records request in this state, please see: Alaska FOIA procedures

[edit] Recent News

See also: Alaska transparency headlines

[edit] Transparency blocking

• Mine foes hit Alaska for withholding public papers  May 13, 2009
• Unseen Sarah Palin e-mails still roiling Alaska politics  May 13, 2009

More transparency blocking news from across the country.

[edit] Litigation

• Alaska records request seeks insight, clarity  May 19, 2009
• Former UAF coach tries to block records release  May 19, 2009
• Palin Administration ordered to preserve emails  Oct 11, 2008

More FOIA litigation news from across the country.

[edit] Legislation

• Alaska records policy changes proposed  May 19, 2009
• Attorney general tightens grip on records  May 13, 2009
• Should Todd Palin's e-mails be public  May 13, 2009

More FOIA legislation news from across the country.

[edit] Sunshine Guardians

No recent news. If you have news add it here

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 Alaska. For more information go the the page or go to Alaska 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
Anchorage School District v. Anchorage Daily News	1989
Brady v. State of Alaska	1998
Capital Information Group v. Office of the Governor	1996
City of Kenai v. Kenai Peninsula Newspapers	1982
Doe v. Superior Court	1986
Fuller v. City of Homer	2003
Gwich'in Steering Committee v. Office of the Governor	2000
Municipality of Anchorage v. Anchorage Daily News	1990

[edit] Proposed transparency legislation

[edit] 2010

See also Proposed transparency legislation, 2010

Here is a list of transparency legislation for Alaska in 2010:

Rating	Bill	Current Status	Progress	Information
B	House Bill 254	Current Status:C (Referred to State Affairs Committee)	2	House Bill 254 is a bill introduced to the Alaska House of Representatives by Representative Bob Lynn and Representative Mike Doogan which would make complaints filed to the Ethics Branch confidential based on the fact that personal information may be contained.[1] ↑ Text of HB 254
C	House Bill 263	Current Status:C (Referred to State Affairs Committee)	2	House Bill 263 is a bill introduced to the Alaska House of Representatives by Representative Mike Doogan, Representative Bob Lynn and Representative Peggy Wilson which would amend the current rules regarding proceedings before the State Ethics Committee. This change would make all proceedings and documentation reviewed by the committee confidential until after the proceedings were resolved. This includes limiting the complainant from sharing the information with others to make the public aware of possible indiscretions. The bill also allows the Attorney General to dismiss the complaint if he finds no probable cause. [1] ↑ Text of HB 263
C	House Bill 295	Current Status:C (Referred to Resources Committee)	2	House Bill 295 is a bill introduced to the Alaska House of Representatives by the Rules Committee by request of the Governor which would allow the President of a state university to make documents confidential, including those related to the sale or lease of state land and geological or geographical information about state land. This would also include requests for information about university land that is being used for public purpose by public agencies. [1] ↑ Text of HB 295
B	House Bill 403	Current Status:C (Referred to Labor & Commerce Committee)	2	House Bill 403 is a bill introduced to the Alaska House of Representatives by Representative Bob Buch, Representative Bob Lynn, and Representative Berta Gardner which would prohibit a financial institution from sharing customer information with anyone other than affiliate companies. Exceptions to this law would be if the information was required by a subpoena, court order, audit, or if a customer allowed the financial institution with a consent form. The bill also provides new penalties to be assessed to any who violate the law. [1] ↑ Text of HB 403
B	House Bill 415	Current Status:C (Referred to Labor & Commerce Committee)	2	House Bill 415 is a bill introduced to the Alaska House of Representatives by the Labor & Commerce Committee which would allow the transcript of a 911 call to be read or transcribed on various media outlets, but prohibits the broadcast of the actual recording. [1] ↑ Text of HB 415
A	House Bill 46	Current Status:C (Referred to House Special Committee on Fisheries and Resources)	2	House Bill 46 is a bill introduced to the Alaska House of Representatives by Representative Paul Seaton and Representative Les Gara which would require the Department of Environmental Conservation to collect and make available to the public information about water pollution and uses. This Bill also has clauses relating to fisheries, sewage systems, water treatment and zoning permits. [1] ↑ Text of HB 46
C	House Bill 90	Current Status:Y(Signed into law 06-07-10, effective same date)	9	House Bill 90 is a bill introduced to the Alaska Senate by Rules Committee at the request of the Governor which would classify all records and forms submitted to the Alaska Industrial Development and Export Authority as confidential documents. Some examples of documents submitted to the Export Authority would be income tax returns, financial statements, credit reports, and trade secrets. The executive director of the Export Authority has the ability to request confidentiality on documents. As such these documents are unable to be accessed or requested through current public records law. [1] ↑ Text of HB 90
A	House Resolution 11	Current Status:Z(Withdrawn by Representative Jay Ramras and Representative Craig Johnson)	0	House Resolution 11 is a resolution introduced to the Alaska House of Representatives by Representative Jay Ramras and Representative Craig Johnson which would require the Department of Natural Resources and the Department of Revenue to prepare a report twice a year regarding the progress and updates on the Alaska Gasline Inducement Act. [1] ↑ Text of HR 11
A	Senate Bill 184	Current Status:C (Referred to Finance Committee)	5	Senate Bill 184 is a bill introduced to the Alaska Senate by Senator Hollis French and Senator Dennis Egan, and in the House of Representatives by Representative David Guttenberg, Representative Scott Kawasaki and Representative Beth Kerttula which would provide an internet broadcast of any legislative session with the exception of Executive sessions. The bill also requires all of the broadcasts to be saved for future retrieval. [1] ↑ Text of SB 184
B	Senate Bill 222	Current Status:Y(Signed into law on 05/14/10 effective date 07-01-10)	9	Senate Bill 222 is a bill introduced to the Alaska Senate by the Rules Committee at the request of the Governor which relates to sexual offenses and the penalties associated. Within this bill is a clause that allows the Attorney General to subpoena an Internet Service Provider to provide information regarding a customer, the length of service and types of service. Any information that is received from a subpoena is considered confidential. This bill also has a clause that requires convicted sex offenders to register with their local government which makes the information available to the public. [1] ↑ Text of SB 222
A	Senate Bill 249	Current Status:C(Referred to Rules Committee)	2	Senate Bill 249, is a bill introduced to the Alaska Senate by Senator John Ellis which would modify the definition of public record to include all emails, text messages, instant messages and all other means of electronic communication that can be easily stored and preserved. The bill would also limit fees to actual costs of duplication not including labor and would require all public business to be conducted on public email accounts and eliminate the use of private email accounts for public business. [1] ↑ Text of SB 249
A	Senate Bill 3	Current Status:YEffective date 7/9/2010)	9	Senate Bill 3 is a bill introduced to the Alaska Senate by Representative Beth Kerttula and Senator Donald Olson which would provide information related to fisheries, permit holders' and other data collected by the Alaska Commercial Fisheries Entry Commission. This information would be provided free of charge to any regional development agency. [1] ↑ Text of SB 3
C	Senate Bill 48	Current Status:Y(Effective date 08-23-09)	9	Senate Bill 48 is a bill introduced to the Alaska Senate by Senator Gene Therriault, Representative Jay Ramras and Senator Joe Thomas which would allow municipal service area boards to hold meetings in private without adhering to open meetings standards. [1] ↑ Text of SB 48

[edit] 2009

B House Bill 136 C(Referred to Judiciary Committee) C House Bill 153 C (Referred to Rules Committee) A House Bill 195 C (Referred to State Affairs Committee)

C House Bill 203 C (Referred to Judiciary Committee) C House Bill 39 C (Referred to State Affairs Committee) A Senate Bill 2 C (Referred to Finance Committee)

B Senate Bill 20 C (Referred to Labor & Commerce Committee) C Senate Bill 84 C (Referred to Finance Committee)

[edit] Transparency report card

A 2008 study, BGA - Alper Integrity Index, conducted by the Better Government Association and sponsored by Alper Services, ranked Alaska #40 in the nation with an overall percentage of 45.20%. ^[1]

A 2007 study, Graded state responsiveness to FOI requests, conducted by BGA and the NFOIC, gave Alaska 3 points out of a possible 100, a letter grade of "F", and a ranking of 48 out of the 50 states.^[2]

A 2002 study, Freedom of Information in the USA, conducted by IRE and BGA, ranked Alaska's law as the 48th 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 as books, papers, files, accounts, writings, including drafts and memorializations of conversations, and other items, regardless of format or physical characteristics, that are developed or received by a public agency, or by a private contractor for a public agency, and that are preserved for their informational value or as evidence of the organization or operation of the public agency.

In 1990, the state legislature amended APRA to expand the definition of public records to specifically include drafts and memorializations of conversations.

[edit] Exemptions

Records that are exempt are listed at Exemptions to the Alaska Public Records Act.

[edit] What agencies are covered?

According to Alaska law, the public records of all public agencies are open to inspection during regular business hours.^[4]

[edit] Private agencies

See also:Private agency, public dollars.

The history of Alaskan case law presents one clear application of the records laws to private corporations. If a private corporation receives public funding and was established for the sole purpose of performing a public function, it is subject to the public records laws.

[edit] Governor's office and The "deliberative process" privilege

See also:Deliberative process exemption

There is no exception in the law for records of the governor.

However, several court decisions have exempted some records of the executive branch that pertain to their decision-making processes.

In 1986, in the case of Doe v. Superior Court, the Alaskan Supreme Court ruled that there is a limited "executive" or "deliberative process" privilege that protects communications between the governor and his or her aides about policy matters. This decision related to internal communications about advice, opinions and recommendations. In a 2000 case, Gwich'in Steering Committee v. Office of the Governor, the court said the privilege is intended to "protect the mental processes of governmental decisionmakers from interference." .^[5]

In 2003, in Fuller v. City of Homer, the court said that the the City of Homer was wrong to claim that it could withhold access to staff documents under the "deliberative processes privilege".^[6]

Other cases in which the Alaska Supreme Court said that some records of the governor's office (executive branch) might not be considered public documents are:

• Capital Information Group v. Office of the Governor, a 1996 case.^[7]

[edit] Who can request records?

See also: List of who can make public record requests by state.

Anyone may request open recordsin Alaska. The law states, "Every person has a right to inspect a public record."^[8]

[edit] Must a purpose be stated?

According to APRA, a "public agency may not request a justification or explanation of need or intended use, but a public agency may inquire whether the person making the request is a party, or represents a party, involved in litigation with the state or a public agency to which the requested record is relevant. If so, the requestor shall be informed to make the request in accordance with applicable court rules."^[9]

The "litigation disclosure" statute in the law says, "A public record that is subject to disclosure and copying under AS 40.25.110 - 40.25.120 remains a public record subject to disclosure and copying even if the record is used for, included in, or relevant to litigation, including law enforcement proceedings, involving a public agency, except that with respect to a person involved in litigation, the records sought shall be disclosed in accordance with the rules of procedure applicable in a court or an administrative adjudication.^[10]

Alaska's law governing the purpose of requests was changed in 2003 and 2006 in response to the pre-existing situation which is that when public records were requested by a party to a lawsuit, the use of records obtained through APRA rather than through discovery may be limited by the court. In Brady v. State of Alaska, a 1998 ruling of the Alaskan Supreme Court, the court said that the part of APRA that limits the public records process for parties to lawsuits is "inexplicable" and that "an equal protection challenge to this provision "is not, at first blush, implausible".^[11]

There are still some restrictions:

• The Alaska Supreme Court has ruled that in order to overcome a claim of executive or deliberative process privilege, a requester may be required to state reasons for seeking access so that the interests of the parties can be balanced against one another.

• The FOI law in Alaska has also allowed privacy exemptions, which means that if a requestor is asking for medical, personnel, payroll or other similar records where disclosure to some people might constitute what the courts have described as an "unwarranted invasion of privacy", inquiring as to the purpose of the request may be permissible.

[edit] How can documents be used?

The APRA doesn't set limits on what can be done with documents provided under the act.

Commercial interests are allowed to use lists they receive under APRA, such as the names and addresses compiled by the Alaska Department of Fish and Game from hunting and fishing licenses, because a 1990 change in APRA provided a statutory definition of "personal information" regarding privacy exemptions and the definition says that names, addresses and listed phone numbers do not fall under the definition of personal information.^[12]

[edit] Time allowed for response

See also: Request response times by state.

The Alaskan law does not specify a time requirement for responding to public records requests other than that the department must give a certified copy upon payment of the fee.

[edit] Fees for records

The fee for duplication of public records, according to law, cannot exceed the "standard unit cost of duplication established by the public agency"^[13]. Further, if the time required to research and collect the requested records exceeds 5 hours per calender month, then the requestor is obligated to pay for the hourly labor at the rate of salary of those working. This fee must be paid prior to receiving the records and can be charged prior to the research^[14]. Public agencies are at liberty to waive fees in the public interest ^[15].

[edit] Open meetings

The Alaska Open Meetings Act states that "All meetings of a governmental body of a public entity of the state are open to the public". Participation in public meetings by the public may be made via teleconference, if so, materials to be considered at the meeting should also be made available at the teleconferencing location (if practicable).^[16] To read more please see: Alaska Open Meetings Act.

[edit] Notable requests

[edit] See also

• Alaska FOIA procedures
• Alaska transparency headlines
• Alaska transparency legislation
• Alaska transparency advocates
• Private agency, public dollars-Alaska
• Alaska Open Meetings Act

[edit] External links

• Alaska Public Records Law Statutes
• Open Government Guide to Alaska
• past articles on Alaska

[edit] References

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