M. Personnel records.

In Stone v. Consolidated Publishing Co., 404 So. 2d 678 (Ala. 1981), the Alabama Supreme Court included "sensitive personnel records" as one category of records that might not be open to public disclosure, depending upon the facts of the case, despite the absence of an express statutory exclusion of such records from the Public Records Act. Notwithstanding that invitation to exclusion, most personnel records should be presumptively open.

For examples of records and information that are not "sensitive personnel records," see Advertiser Co. v. Auburn Univ., 17 Media L. Rep. (BNA) 1907, 1909 (Cir. Ct. of Lee County, Ala., Mar. 29, 1990) (investigatory report by attorneys into alleged wrongdoing of public official not information "from a personnel record"; sensitivity of information sought is not dispositive); Birmingham Education Ass'n v. Birmingham City Board of Education, CV 94-2637 at 4 (Cir. Ct. of Jefferson County, Ala., Nov. 15, 1995) (lists of employee names for transfer, nonrenewal of contract, cancellation of contract, suspension, or dismissal are not "sensitive personnel records" despite "potential for some embarrassment to employees whose names appear on the list"); University of Montevallo Education Ass'n v. Vickery, CV 86-121 (Cir. Ct. of Shelby County, Ala., Nov. 2, 1987) ("Official Appointment Form," "Appointment Form, Limitations and Contingencies," "UM Fringe Benefits, A Worksheet," and "Job Description" regarding state university employees ordered disclosed) (affirmed without opinion in Vickery v. University of Montevallo Education Ass'n, 527 So. 2d 125 (Ala. 1988); 227 Op. Att'y Gen. Ala. 60 (June 11, 1992) (names, titles, and compensation of county employees are not sensitive personnel records); Op. Att'y Gen. Ala. No. 96-00003 at 4, 1995 Ala. AG LEXIS 59 (Oct. 4, 1995) ("In general, applications, disciplinary actions, and memoranda of reprimand are documents reasonably necessary to conduct business, and thus subject to disclosure . . .," as are salary expenditure, race, current assignment, rank and type of teaching certificate, employment experience record, employee's salary, areas of endorsement, sex, date of hire, date employee attained tenure).

For examples of records and information that may be "sensitive personnel records," see Advertiser Co. v. Montgomery County Bd. of Educ., CV-05-389 (Cir. Ct. of Montgomery County, Ala., Oct. 7, 2005) (refusing to hold that names of employees put on paid administrative leave are necessarily subject to public disclosure, but recognizing that disclosure could be required in some situations); Mobile Press Register Inc. v. Jordan, CV 95-1593 at 3-4 (Cir. Ct. of Mobile County, Ala., June 2, 1995) (proposed organizational chart of superintendent presented to school board "as of this date is 'sensitive personnel record'"); Blankenship v. City of Hoover, 590 So. 2d 245, 250 (Ala. 1991) (W-2 forms of public employees are sensitive personnel records in that they "would disclose whether or not an individual employee has elected to participate in income-deferral plans, insurance plans, or similar benefits which are more personal than public in nature") (quoting trial court opinion); Op. Att'y Gen. Ala. No. 88-00079 at 4 (Dec. 16, 1987) ("information such as psychological evaluations, family history, religious affiliation or political opinions or activities" could be sensitive personnel records); 212 Op. Att'y Gen. Ala. 26, 27 (Aug. 1, 1988) (employees' home address is private matter); Op. Att'y Gen. Ala. No. 96-00003 at 4, 1995 Ala. AG LEXIS 59 (Oct. 4, 1995) (marital status, medical history, confidential recommendations for employment, and drug or alcohol testing results "will, in most cases, fall under the sensitive personnel records exception set out in Stone . . . [but] the party refusing to disclose should remember it has the burden of proving the information requested falls within an exception to the Open Records Act."); Op. Att'y Gen. Ala. No. 2001-269, 2001 Ala. AG LEXIS 165 (Aug. 29, 2001) ("Information such as an employee's marital status, medical history, confidential recommendations for employment, and drug or alcohol testing results will, in most cases, fall under the sensitive personnel records exception in Stone.").

Alabama Code § 36-26-44 (2001) provides that the records of the State Personnel Department and Merit System shall be open to the public except for such records as the Department's rules require to be confidential by reason of public policy. The Department's rules provide as follows:

The records of the Department are public records and are open to public inspection during normal working hours, provided that the following shall be held confidential as a matter of public policy: (a) Applications for examination of persons who have not been employed. (b) Lists of eligibles who have competed successfully on examinations. (c) Test materials such as written tests or forms or instructions which if known to an applicant might give him an advantage in competing for appointment or promotion. 18 Ala. Admin. Code r. 670-x-17-.03 (Supp. Sept. 30, 1990).