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A recent trial-court decision has made clear that if documents are public records under the Public Records Law and a grand jury subpoenas the documents, those documents "remain. . . public records notwithstanding the empanelment of said Grand Jury." Burnham Broad. Co. v. City of Mobile, CV 92-2752 (Cir. Ct. of Mobile County, Ala., Aug. 4, 1992) (emphasis in original) (records regarding reimbursement of city mayor, council members, and employees).

The Alabama Public Records Law does not define "public writing," which are the operative words in the Law. A statute in a different section of the Alabama Code purports to define the term "public records" as including

all written, typed or printed books, papers, letters, documents and maps made or received in pursuance of law by the public officers of the state, counties, municipalities and other subdivisions of government in the transactions of public business and shall also include any record authorized to be made by any law of this state belonging or pertaining to any court of record or any other public record authorized by law or any paper, pleading, exhibit or other writing filed with, in or by any such court, office or officer.

Ala. Code § 41-13-1 (2000) (emphasis added). The definition of "public records" in section 41-13-1 is limited by its terms, however, to the article in which the definition appears.

In Stone v. Consolidated Publishing Co., 404 So. 2d 678, 680-81 (Ala. 1981), the Supreme Court of Alabama held that a "public writing" within the meaning of Alabama's Public Records Law includes those documents that are within the definition of "public record" in section 41-13-1, but also includes any such "record as is reasonably necessary to record the business and activities required to be done or carried on by a public officer so that the status and condition of such business and activities can be known by our citizens." Stone, 404 So. 2d at 681 (emphasis in original).

The Alabama Public Records Law has been held to require disclosure of documents such as the following:

a. Actuarial tables used to calculate teacher retirement benefits, Walsh v. Barnes, 541 So. 2d 34 (Ala. Civ. App. 1989).

b. Arrest reports, Birmingham News Co. v. Deutcsh, CV 85-504-132 JDC (Cir. Ct. of Jefferson County, Ala., Equity Div., Aug. 19, 1986).

c. Minutes, International Ass'n of Firefighters v. City of Sylacauga, 436 F. Supp. 482 (N.D. Ala. 1977).

d. Municipal internal audit reports, Bedingfield v. Birmingham News Co., 595 So. 2d 1379 (Ala. 1992).

e. Petitions, State ex rel. Kernells v. Ezell, 291 Ala. 440, 282 So. 2d 266 (1973).

f. Preliminary report prepared at the request of a state university concerning the alleged misconduct of one of its employees, Advertiser Co. v. Auburn Univ., 17 Media L. Rep. (BNA) 1907 (Cir. Ct. of Lee County, Ala., Mar. 29, 1990), aff'd, 579 So. 2d 645 (Ala. Civ. App. 1991) (denial of attorneys' fee was only issue on appeal).

g. Resumes and employment applications, Chambers v. Birmingham News Co., 552 So. 2d 854 (Ala. 1989).

h. State court records, Holland v. Eads, 614 So. 2d 1012, 1015 (Ala. 1993).

i. State vehicle license tag records, Birmingham News Co. v. Hobbie, 12 Media L. Rep. (BNA) 1687 (Cir. Ct. of Montgomery County, Ala., Dec. 20, 1985).

j. Well-bound books containing jail dockets, Holcombe v. State ex rel. Chandler, 240 Ala. 590, 200 So. 739 (1941).

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).

Alabama Code § 36-12-41 (2001) provides as follows: "Every public officer having the custody of a public writing which a citizen has a right to inspect is bound to give him, on demand, a certified copy of it, on payment of the legal fees therefor . . . ." The Alabama Public Records Law includes no schedule or level of fees for the copying of public records without certification; therefore, the custodian in question is at liberty to fix a reasonable fee to be charged, unless the fee is set by statute or rule. See, e.g., Birmingham News Co. v. Peevy, 21 Media L. Rep. (BNA) 2125, 2125 (Cir. Ct. of Montgomery County, Ala., July 22, 1993) (statutory fee of $5.75 per individual driver's record requested, despite existence of computer database with all driving records) (as of Sept. 13, 1997, access to motor vehicle records is governed by 18 U.S.C. § 2721).

One Alabama Attorney General opinion states the following policy regarding fees:

If possible, a public agency should provide free copies of public records. However, if budgetary constraints prevent this, then a public agency may charge a nominal fee, if necessary, to cover its costs in providing copies of public records. One may inspect public records without paying a fee unless a substantial amount of an employee's time is required.

251 Op. Att'y Gen. Ala. 38 (June 12, 1998); see also 184 Op. Att'y Gen. Ala. 27, 28 (Aug. 15, 1981); 200 Op. Att'y Gen. Ala. 25, 26 (Aug. 20, 1985 (agency "entitled to receive a nominal fee for the reproduction of any requested information"). A reasonable fee may be assessed for the actual cost of providing copies and for retrieving information. Op. Att'y Gen. Ala. No. 2007-067, 2007 Ala. AG LEXIS 40 (Apr. 3, 2007); see also 202 Op. Att'y Gen. Ala. 19, 20 (Jan. 24, 1986); 208 Op. Att'y Gen. Ala. 28, 30 (Sept. 2, 1987); 209 Op. Att'y Gen. Ala. 29 (Nov. 4, 1987); 212 Op. Att'y Gen. Ala. 26, 27 (Aug. 1, 1988).

The Alabama Attorney General has stated that the cost of seeking legal advice regarding a records request may not be included in the cost charged by the agency for providing access to or copying the requested records. Op. Att'y Gen. Ala. No. 2008-073, 2008 Ala. AG LEXIS 43 (Apr. 21, 2008).