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Freedom of Information | Feature | February 8, 1994
Feature
February 8, 1994
Alabama high court requires notice of meetings even though law is silent
02/08/1994
ALABAMA -- The Alabama Supreme Court ruled in mid-January that there is an implied notice requirement for meetings, although the Sunshine Law contains no language expressly requiring notice.
The public must be aware of a meeting in order for that meeting to be open to the public, the court said.
The Alabama Public Records Law does not restrict the manner in which the information obtained from public records may be used. Rule 33 of the Alabama Rules of Judicial Administration requires a requester to state, among other things, "the intended use" of the requested information when a requester seeks access to computer-based information that is maintained by the Administrative Office of Courts ("AOC"). "Intended use" is also a factor used by the AOC in evaluating the request and thus might be grounds for refusing the request.
Before convening an executive session, a governmental body must adopt, by recorded vote, a motion calling for the executive session and setting out the statutory authority for convening the executive session, as provided in Section 36-25A-7(a). Ala. Code § 36-25A-7(b) (Supp. 2005).
There is early common law authority for the award of costs and fees in a public records cases, based upon the principle that a public official who wrongfully refuses to perform an official task is liable for compensatory damages. Brewer v. Watson [Brewer II], 65 Ala. 88, 96-98 (1880); Brewer v. Watson [Brewer III], 71 Ala. 299, 307 (1882).
Since police departments and their officers can properly be considered "public officers and servants of counties and municipalities" within Alabama Code § 36-12-1 (2001) and thus are required to "correctly make and accurately keep in and for their respective offices and places of business all such books or sets of books, documents, files, papers, letters and copies of letters," pursuant to Alabama Code § 36-12-2 (2001), all police records that are not expressly made confidential by statute or that must be kept confidential to protect a pending criminal investigation shou
Rule 2 (b) of the Alabama Rules of Appellate Procedure authorizes an appellate court to expedite cases of pressing concern to the public or the litigants provided that the party seeking an expedited review can demonstrate good cause. ALA. R. APP. P. 2(b).
By the terms of the Public Records Law, public records in Alabama are available for inspection and copying. Ala. Code § 36-12-40 (Supp. 2005). The Public Records Law, however, does not require the state to research, inspect, identify, copy, assemble, or make arrangements to deliver the documents to the citizen. Ex parte State of Alabama, 985 So. 2d 446, 451 (Ala. 2007).
