Alabama

E. Financial data of public bodies.

Meetings that deal with the financial data of public bodies are neither categorically open nor categorically closed under the Alabama Open Meetings Act. If the entity is covered by the Alabama Open Meetings Act, its meetings — including meetings dealing with financial data of the entity — must be open unless they fall within the statutory exceptions of the Act. Ala. Code §  36-25A-1 et seq. (Supp. 2005); Op. Att’y Gen.

3. Courts.

The Alabama Open Meetings Act specifically excludes from its coverage Alabama appellate and trial courts, except as required by the Constitution of Alabama or any body governed by the rules of the Alabama Supreme Court.

3. Transactions.

Records regarding bids for the sale or lease of public lands are open. Ala. Code § 9-15-78 (2001). Contracts and documents related to the sale of public assets are subject to disclosure under the Public Records Law. See Tenn. Valley Printing Co. v. Health Care Auth. of Lauderdale County, 2010 ALA. LEXIS 213 (Ala. Oct. 29, 2010).

a. General or specific?

Alabama's Public Records Law contains two general and two specific exemptions.

P. Security, national and/or state, of buildings, personnel or other.

A meeting of a governmental body may be closed to discuss security plans, procedures, assessments, measures, or systems, or the security or safety of persons, structures, facilities, or other infrastructures, including, without limitation, information concerning critical infrastructure, as defined by federal law, and critical energy infrastructure, as defined by federal law, the public disclosure of which could reasonably be expected to be detrimental to public safety or welfare. Ala. Code § 36-25A-7(a)(4) (Supp. 2005).

b. E-mail.

Use of e-mail to circumvent the requirement of open government is a violation of the Alabama Open Meetings Act. Ala. Code §  36-25A-1(a) (Supp. 2005) ("Electronic communications shall not be utilized to circumvent any of the provisions of this chapter.")

1. Contact other party first

There is no requirement under Alabama law that a person moving to quash a subpoena contact the subpoenaing party prior to filing the motion to quash. Almost invariably, however, unless time does not permit, such contact would be recommended.