Could you put that in writing, please? State panel wants written requests for public records

Could you put that in writing, please?
State panel wants written requests for public records
Wednesday, April 12, 2006
By TAYLOR BRIGHT
Times Montgomery Bureau tbright@htimes.com

PELHAM - A legislative subcommittee working on an overhaul of the state's public records laws wants the public to put their records requests in writing.

Oral requests would still be allowed, but the committee said Tuesday it wants to encourage written requests.

The committee, part of the Open Records Task Force, is hammering out details that will be included in a proposed rewrite of the state's public records laws that would be taken up by the Legislature in 2007.

The committee discussed details of what would be included in request forms and how much people should pay for public records.

"I think name, address, phone number and e-mail - that's pretty reasonable," said Rep. Cam Ward, R-Alabaster, who was leading the meeting.

"I don't see where our people would mind providing that information," said Felicia Mason, a lobbyist for the Alabama Press Association.

Ward, though, said he wants to limit the information agencies can ask from the public.

"I want this to be the maximum amount asked," Ward said. "I don't want it to be the minimum."

Some agencies, Ward said, ask too many questions when people ask for copies of public records.

"Why you want it doesn't matter," he said.

The committee also wanted to require the public make the requests detailed, too.

"I think we need as much specificity as possible," said Lynn Thrower, general counsel for Administrative Office of Courts.

Thrower also suggested that people making the requests pay for the records they received whether they were the documents the person requested or not.

"If we give you something that complies (with the form), and it's not what you want, you have to pay for it," Thrower said.

Thrower also said forms should include a warning that many documents may not be public records. The form would also require signatures except for requests sent by e-mail.

Ward said the decision would protect the public as much as the agencies holding the records. Many times when the public makes requests, he said, the agencies deny having received the request. This would create, in effect, a receipt for the requests, Ward said.

"I think the agencies will say they want to feel that protection," Ward said.

The task force is made up of representatives from state agencies, newspapers and television stations as well as lobbyists for counties and cities and from Alabama Power and Alfa.

The committee often used laws from Virginia and Georgia as guidance, but did not mention Florida, which has what some consider the gold standard for open records laws.

The committee also held a preliminary discussion about fees.

The subcommittee will submit its final recommendations to the task force in September.