IV. RECORD CATEGORIES -- OPEN OR CLOSED

Beyond the categories listed below, the following records are also available to the public by specific law, case law, or attorney general opinion:

1. Aeronautics

a. Civil Air Patrol: current lists of license tags in each county issued to amateur radio operators licensed by the Civil Air Patrol. Ala. Code § 32-6-92 (1999) (public records).

b. State Department of Aeronautics: records regarding rules and regulations for licensing certain open-to-the-public airports. 1 Ala. Admin. Code r. 60-X-1-.03 (Supp. March 31, 1991) (public records).

2. Agriculture

a. Alabama Agricultural and Conservation Development Commission: all records of the Commission. Ala. Code § 9-8A-3(e) (2001) (public records).

3. Conservation and Natural Resources

a. State Department of Conservation and Natural Resources: all records, except confidential reports and accident reports for vessels. Ala. Code § 33-5-7 (2002) (public records).

4. Courts

a. Circuit court register’s office: records of the office, when not in use by the register. Ala. Code § 12-17-119 (1995) (public records).

b. County juror commissions: master list of jurors. Ala. Code § 12-16-57(c) (1995) (public record).

c. County Probate Judge’s Office: records “regarding license plates issued for state vehicles other than unmarked state vehicles that are used for investigative or surveillance work in law enforcement.” Birmingham News Co. v. Hobbie, 12 Media L. Rep. (BNA) 1687, 1688 (Cir. Ct. of Montgomery County, Ala., Dec. 20, 1985); see also Ala. Code § 12-13-50 (1995) (“The records of the office [of probate judge] must be free for the examination of all persons when not in use by the judge, whether such persons are interested in such records or not.”) (public records).

5. Criminal Procedure

a. Sheriff’s office: records of prisoners, execution or order of sale of property, and sales of property. Ala. Code § 36-22-13 (2001) (public records); pistol licenses. TV Alabama, Inc. v. Woodward, No. CV-9707688 (Cir. Ct. of Jefferson County, Alabama, December 17, 1997); the front side of incident/offense reports. Washington County Publications v. Wheat, No. CV-99-94 (Cir. Ct. of Washington County, Alabama, May 1, 2000).

b. State Department of Corrections: inmate work release rosters, including the inmate’s name, the specific location of the inmate, the inmate’s place of employment, and the crime for which the inmate is incarcerated. 200 Op. Att’y Gen. Ala. 25 (Aug. 20, 1985) (public records).

6. Environmental Control

a. State Air Pollution Control Act: records, reports, and information gathered pursuant to agency authority, except for trade secrets. Ala. Code § 22-28-20(a) (1997) (public records).

b. State Hazard Waste Management Act: records, reports, and information gathered pursuant to agency authority, except for trade secrets. Ala. Code § 22-30-18 (1997) (public records).

c. State Underground Storage Tank and Wellhead Protection Act: records, reports, and information gathered pursuant to agency authority, except for trade secrets. Ala. Code § 22-36-8 (1997) (public records).

d. Water Pollution Control Commission: records and reports gathered pursuant to agency authority, except for trade secret, profit, production, and sales information. Ala. Code § 22-22-9(c) (1997) (public records).

7. Fire Marshal

a. Alabama Fire Fighters’ Personnel Standards and Education Commission: bylaws and regulations. Ala. Code § 36-32-6 (2001) (public records).

b. State Fire Marshal: records of all fires occurring in the State, except that testimony taken in a fire investigation may be withheld at the Marshal’s discretion. Ala. Code § 36-19-25 (2001) (public records).

8. Government, Local

a. Board of adjustment: minutes of proceedings, including the vote of each member upon each question, and records of examinations and other actions. Ala. Code § 11-52-80(b) (1994) (public records).

b. Board of commissioners in city commission form of government: a record of the proceedings of every meeting. Ala. Code §§ 11-44-22, -82 -126 (1989) (public records).

c. City council in mayor-council form of government: a record of the proceedings of every meeting. Ala. Code §§ 11-44C-28 and -44E-51 (1989) and -44B-6(f) (Supp. 2005) (public records).

d. City council in council-manager form of government: a journal of proceedings of every meeting. Ala. Code §§ 11-43A-24 (1989) and -86, -90 (Supp. 2005) (public records).

e. Municipal planning commissions: record of resolutions, transactions, findings, and determinations. Ala. Code § 11-52-4 (1994) (public records).

9. Government, State

a. Administrative procedure: contested cases: the recording or stenographic notes of oral proceedings or the transcription thereof, except in cases where private hearings are authorized by law, or where the proceedings are ordered sealed by order of court or are required to be sealed by statute. Ala. Code § 41-22-12(h) (2000) (public records).

b. Alabama Housing Finance Authority Board of Directors: all records of the Board. Ala. Code § 24-1A-4 (2000) (public records); see also Op. Att'y Gen. Ala. No. 2001-063 (Jan. 5, 2001).

c. Beautification Board of the State of Alabama: a record of the proceedings. Ala. Code § 41-9-494 (2000) (public records).

d. State Ethics Commission: financial disclosure statements filed by public officers and employees. Ala. Code § 36-25-4(a)(5) (2001) (public records).

10. Health Care

a. Alabama Board of Examiners of Counseling: records, orders, and judgments. 4 Ala. Admin. Code r. 255-X-1-.07 (Supp. June 30, 2003) (public records).

b. Alabama Medicaid Agency: uniform cost reports filed by providers with the Agency. 184 Op. Att’y Gen. Ala. 27 (Aug. 25, 1981) (public records).

c. State Nursing Board: names of nurses whose licenses have been revoked. 167 Op. Att’y Gen. Ala. 28 (May 4, 1997) (based upon statutory provisions that have been revised and replaced by Alabama Code § 34-21-25 (2002), but arguably still good law for this point); see Ala. Code § 34-21-25 (j)(6) (2002) (“The records of a licensee who fails to comply with the program agreement or who leaves the state prior to the successful completion of the program shall not be deemed confidential.”) (public records).

11. Highway Department

a. State Highway Department: files and records, including plans and specifications. Ala. Code § 23-1-34 (2000) (public records).

12. Railroads

a. Northeast Mississippi-Northwest Alabama Railroad Authority Compact Board of Directors: records of the Authority and the Board. Ala. Code § 37-11A-1 art. IV (1992) (public records).

13. Veterinarians

a. Alabama State Board of Veterinary Medical Examiners: complete and accurate records of all meetings, except the records of closed meetings to prepare, approve, administer, or grade examinations or to deliberate qualifications of a proceeding to discipline a licensed veterinarian. Ala. Code § 34-29-66(b)(8) (2002) (public records).