Alabama Open Records Study Task Force

Subcommittee on Procedures to Access Public Records

Tuesday, April 11, 2006

Shelby County Legislative Office - 3:00 p.m.

Members present: Rep. Cam Ward, chairperson; Scott Morris, Sandy Robinson, Lynn Thrower, Sharon Tinsley, Felicia Mason, Douglas Lunsford, Tom Turley, Gilbert Johnston.

Rep. Ward called the meeting to order. He provided the committee with information from Gilbert Johnston on the procedure provisions of the Virginia law. Johnston suggested two clarifying statements be added to the Virginia statute for our consideration.

The discussion then moved to the use of a written request. Again modeling after the Virginia law, these provisions were discussed:

·        While a request would not be required to be in writing, the burden of proof in a challenge would be on the requester and having a dated form or document would be the only way to prove when the request was made

·        A sample form would be provided and would contain the word sample or optional

·        The form would state that under no circumstances will the requester be asked to provide any additional information (other than what is required on the form)

·        Felicia Mason is to produce a sample form and distribute it with the minutes for consideration at the next meeting

Some other provisions suggested included requiring the agency to post a records release policy in a public and conspicuous place on site. Also, if the request is submitted electronically, the agency shall verify receipt in same manner.

An outline of the provisions of the Open Records Act would also be posted on the Secretary of State Web site, and the form request will direct people to the SOS Web site for additional information.

Rep. Ward stated he believed the Virginia law provides all the essential elements dealing with the time limit procedures and cost. He will have LRS draft an Alabama version for the committee to review at the next meeting.

Rep. Ward also asked Gilbert Johnston to bring Alabama Attorney General opinions dealing with fees or costs that may be recovered in connection with providing copies of public records for the committee to review at the next meeting.

Rep. Ward said he expected this committee to meet at least one more time, probably two, before making a final recommendation to the full committee in September. At the next meeting, the committee will review and discuss 1) a sample form (the first draft attached here) and 2) an Alabama version of the Virginia statement provided by LRS.

The meeting was adjourned.

Respectfully submitted

Felicia Mason, Secretary

April 20, 2006