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. Statues 40.25.100 - 40.25.125 of the Alaska legislature define the law. As recently as 2003, the Alaskan Supreme Court said (in Fuller v. City of Homer), that access to public records is "a fundamental right".
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.
[edit] Recent News
[edit] Transparency blocking
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- Unseen Sarah Palin e-mails still roiling Alaska politics
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[edit] Litigation
- Alaska records request seeks insight, clarity
- Former UAF coach tries to block records release
- Palin Administration ordered to preserve emails
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[edit] Legislation
- Alaska records policy changes proposed
- Attorney general tightens grip on records
- Should Todd Palin's e-mails be public
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[edit] Sunshine Guardians
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[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.
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] Governor's office and The "deliberative process" privilege
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 its 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]
- Gwich'in Steering Committee v. Office of the Governor, a 2000 case.[8]
[edit] Who can request records?
Anyone may request Alaskan open records. "Every person has a right to inspect a public record".[9]
[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."[10]
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.[11]
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, 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 "nexplicable" and that "an equal protection challenge to this provision "is not, at first blush, implausible".[12]
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.[13]
[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"[14]. Further, if the time required to research and collect the requested records exceeds 5 hours per calender month, then the requestolr 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[15]. Public agencies are at liberty to waive fees in the public interest [16].
[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).[17]
[edit] Proposals for reform
[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)
To read more about Alaska case law or research other important decisions in Alaskan judicial history see: The Alaska Case Law Service
[edit] Notable requests
[edit] See also
[edit] External links
[edit] References
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