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The following election records are closed pursuant to statutory, case law or Alabama Attorney General opinion authority:
1. Voter registration applications. Ala. Code § 17-3-52 (2006); 202 Op. Att'y Gen. Ala. 19 (Jan. 24, 1986). But see Op. Att'y Gen. Ala., No. 2005-185, 2005 Ala. AG LEXIS 150 (Aug. 23, 2005) (concluding that "[t]he boards of registrars and probate judges may provide only the names and precincts of registered voters to persons or entities," but that political parties are "entitled to obtain all voter registration information in the possession of the boards of registrars or probate judges, except for social security numbers").
2. The list of registered voters that is used at the polling place in an election, which is marked to indicate the persons voting. Advertiser Co. v. Hobbie, 474 So. 2d 93, 95 (Ala. 1985); see also Ala. Code § 17-7-16 (1995) ("The poll list shall be sealed in an envelope before the inspectors begin to count the vote and shall not be opened.").
The following election records are open pursuant to statutory, case law or Alabama Attorney General opinion authority:
1. Lists of registered voters, with names and polling places only. Ala. Code §§ 17-4-129, -130 (Supp. 2005); Op. Att'y Gen. Ala., No. 2005-185, 2005 Ala. AG LEXIS 150 (Aug. 23, 2005) (concluding that "[t]he boards of registrars and probate judges may provide only the names and precincts of registered voters to persons or entities," but that political parties are "entitled to obtain all voter registration information in the possession of the boards of registrars or probate judges, except for social security numbers."); 202 Op. Att'y Gen. Ala. 19 (Jan. 24, 1986).
2. Candidate statements, finances, organization of political committee, expenditures, contributions, etc. Ala. Code §§ 17-22A-9, -10 (1995).
3. Lists of absentee voters. Ala. Code § 17-10-5 (Supp. 2005). In a 1994 election dispute that involved the counting of absentee votes, the federal court judge in Roe v. State, CV 94-885-AH-S (S.D. Ala.), entered a permanent injunction, at the plaintiffs' request, to seal the absentee voter lists in all sixty-seven counties of Alabama in order to protect the lists from alteration or destruction. In April of 1996, The Birmingham News Company filed a petition for access to the lists, citing Alabama Code § 17-10-5 and asking the court to vacate its permanent injunction sealing the lists. By order of April 15, 1996, the court granted the motion and amended the permanent injunction to provide access to the absentee voting lists in Alabama's counties. The Court also ordered the State Attorney General's Office to "continue to protect and maintain the original absentee voting lists from the 1994 elections." Roe v. State, CV 94-885-AH-S (S.D. Ala., Apr. 15, 1996).
4. Lists from which poll workers are appointed. 210 Op. Att'y Gen. Ala. 45 (June 3, 1988).
Alabama
Voter registration applications are closed pursuant to statute. Ala. Code § 17-3-52 (2006); 202 Op. Att'y Gen. Ala. 19 (Jan. 24, 1986). But see Op. Att'y Gen. Ala., No. 2005-185, 2005 Ala. AG LEXIS 150 (Aug. 23, 2005) (concluding that "[t]he boards of registrars and probate judges may provide only the names and precincts of registered voters to persons or entities," but that political parties are "entitled to obtain all voter registration information in the possession of the boards of registrars or probate judges, except for social security numbers").
Alabama
Copies of pistol permits kept in the sheriff's office are public records. Op. Att'y Gen. Ala. No. 2002-227, 2002 Ala. AG LEXIS 140 (May 8, 2002); 223 Op. Att'y Gen. Ala. 16 (Apr. 18, 1991).
Alabama
The following records for medical institutions in Alabama that are organized as public corporations are open pursuant to statutory authority:
1. Certificate of incorporation. Ala. Code §§ 22-21-172, -173 (1997); §§ 11-95-3, -4 (1994).
2. Annual fiscal year financial statement. Ala. Code § 22-21-187 (1997).
3. Audit reports. Ala. Code § 22-21-4(b) (1997).
The following records for public and private medical institutions in Alabama are open pursuant to statutory and Alabama Attorney General opinion authority:
1. Information received by the state board of health through on-site inspections conducted by the state licensing agency. Ala. Code § 22-21-30 (1997).
2. Uniform cost reports of Medicaid providers. 184 Op. Att'y Gen. Ala. 27 (Aug. 15, 1981).
The following records for public and private medical institutions in Alabama are closed pursuant to statutory, case law or administrative rule authority:
1. Accreditation, quality assurance credentialing, and similar materials. Ala. Code § 22-21-8(b) (1997).
2. Information received by the State Board of Health from the state licensing agency if the information is gathered or received through means other than on-site inspection, except that the information may be made public in a proceeding involving the question of licensure or revocation of license. Ala. Code § 22-21-30 (1997).
3. Patient records. Horne v. Patton, 291 Ala. 701, 708-09, 287 So. 824, 829-30 (1973) (physician-patient privilege); Ala. Code § 34-26-2 (2002) (psychologist/psychiatrist-patient privilege); see also Ex parte Rudder, 507 So. 2d 411 (Ala. 1987) (psychiatrist-patient privilege).
4. Records of residents in health/assisted-living facility. 9C Ala. Admin. Code r. 420-5-4.05(3) (Supp. Sept. 30, 2004).
5. Patient records at birthing centers. 9C Ala. Admin. Code r. 420-5-13.11(6) (Supp. Sept. 30, 2002).
6. Records of patients at nursing homes. 9C Ala. Admin. Code r. 420-5-10-.05(3)(w) (Supp. Sept. 30, 2004).
7. Hospital patient records produced pursuant to subpoena duces tecum, "until ordered published by the court trying the case at the time of trial." Ala. Code § 12-21-6(a) (1995).
8. Reports by insurance companies of judgments and settlements of medical liability claims, which are required to be filed with state licensing entities. Ala. Code § 27-26-5(c) (1998).
Investigative reports regarding patient injuries and death prepared by the Bureau of Special Investigations, the investigative division of the Alabama Department of Mental Health, are considered "law enforcement investigative reports" within the meaning of Alabama Code § 12-21-3.1, and are therefore entitled to protection from civil subpoena, except upon a showing that the information contained in the report cannot be obtained from other sources without undue hardship. Lambert v. Alabama Dep't of Mental Health and Mental Retardation, 840 So. 2d 863 (Ala. 2002); Vick v. Alabama Dep't of Mental Health and Mental Retardation, 840 So. 2d 876 (Ala. 2002).
Alabama
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).
Alabama
Pervasive Alabama Attorney General authority states that the following record are subject to disclosure under the Public Records Law: Lists of public employees and employee salaries, Op. Att’y Gen. Ala. No. 88-00079 (Dec. 16, 1987), 212 Op. Att’y Gen. Ala. 26 (1988), and Op. Att’y Gen. Ala. No. 96-00003, 1995 Ala. AG LEXIS 59 (Oct. 4, 1995) (teacher lists); 210 Op. Att’y Gen. Ala. 20 (1988) (county employee lists); 171 Op. Att’y Gen. Ala. 14 (1978) (employee list of a mental health board); Op. Att'y Gen. Ala. No. 2006-076, 2006 Ala. AG LEXIS 39 (Mar. 27, 2006) (salary of Water and Sewer Board Members); Att'y Gen. Ala. No. 2007-067, 2007 Ala. AG LEXIS 40 (Apr. 3, 2007) (contract terms of state university athletic coaches); Op. Att'y Gen. Ala. No. 2008-004, 200 Ala. AG LEXIS 118 (Oct. 2, 2007) (Health Care Authority executive salaries).
The following compensation records are closed pursuant to case law authority: W-2 forms, Blankenship v. City of Hoover, 590 So. 2d 245, 250 (Ala. 1991).
Alabama
The following disciplinary records are open pursuant to case law or Alabama Attorney General opinion authority:
a. Revocation of a nurse’s license. 167 Op. Att’y Gen. Ala. 28, 29 (May 4, 1977).
b. A report of an investigation concerning alleged misconduct of an employee of a State university. Advertiser Co. v. Auburn University, 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) (attorneys’ fee award was the only question on appeal).
c. Records regarding appeal to the State Tenure Commission from a private or public hearing before the local board of education, except for those portions of the record from any proceedings before the State Tenure Commission, if any, that were conducted in closed hearing to discuss the character or good name of an individual. 224 Op. Att’y Gen. Ala. 109 (July 25, 1991).
d. Minutes of State Tenure Commission meetings, regardless of whether the teacher had a private or public hearing at the local level. 224 Op. Att’y Gen. Ala. 109 (July 25, 1991).
e. Lists of teachers and other personnel to be given notice of transfer, nonrenewal of contract, termination, suspension or dismissal. Birmingham Education Association v. Birmingham City Board of Education, CV 94-2637 (Cir. Ct. of Jefferson County, Ala., Nov. 15, 1995).
f. Documents in teacher personnel files regarding disciplinary actions and memos of reprimand. Op. Att’y Gen. Ala. No. 96-00003, 1995 Ala. AG LEXIS 59 (Oct. 4, 1995).
The following disciplinary records are closed pursuant to Alabama Attorney General opinion authority: Disciplinary charges and proceedings of the State Nursing Board. 167 Op. Att’y Gen. Ala. 28, 29 (May 4, 1977).
Alabama
The following application records are open pursuant to case law and Alabama Attorney General opinion authority:
a. Applications and resumes for county water and sewer coordinator, Chambers v. Birmingham News Co., 552 So. 2d 854 (Ala. 1989).
b. Resumes of applicants for county administrator’s position. 221 Op. Att’y Gen. Ala. 24 (Oct. 24, 1990).
c. Names and resumes of applicants for executive director of industrial development authority. 222 Op. Att’y Gen. Ala. 48 (Mar. 20, 1991).
d. Biographical information from independent agency regarding applicants for executive director of industrial development authority. 223 Op. Att’y Gen. Ala. 19 (May 17, 1991).
e. Application for licensure as a nursing home administrator, including education, past employment history, and previous licensure. 226 Op. Att’y Gen. Ala. 15 (Jan. 15, 1992).
One trial court refused to order disclosure of personnel information in the following case:. Identity of applicants for president of State university who were interviewed by a search committee that contained no university board members and that made no narrowing of applicants. Birmingham News Co. v. Bartlett, CV 88-504-403 MC (Cir. Ct. of Jefferson County, Ala., Equity Div., Nov. 15, 1988). Additionally, in Tuscaloosa News v. Garrison, No. CV-1999-408 (Cir. Ct. of Tuscaloosa County, Ala., May 31, 2000), the trial court delayed ruling on whether resumes of applicants to the city school board had been submitted under a promise of confidentiality, indicating that those resumes would not be subject to disclosure.
Alabama
There is no statutory or case law addressing this issue in the context of personnel reports, but the Alabama Attorney General has stated that this information may be redacted from other types of public records. Op. Att'y Gen. Ala. No. 2006-134, 2006 Ala. AG LEXIS 97 (Aug. 17, 2006) (home addresses, telephone numbers, and martial status of individual may be removed from National Fire Incident Reporting Systems forms)..
Alabama
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