Alabama Open Records Study Task Force

Subcommittee on Procedures to Access Public Records

Tuesday, July 25, 2006

Baptist Shelby Medical Center - 3:00 p.m.

Members present: Rep. Cam Ward, chairperson; Scott Morris, Sandy Robinson, Lynn Thrower, Sharon Tinsley, Greg Cochran, Felicia Mason, Sandra Nichols, Corey Maze (from subcommittee D) and Malcolm E. Jordan (visitor).

Rep. Ward called the meeting to order. He asked for discussion on the sample request form. The committee approved the sample request form circulated previously among the committee members. The sample request form will be part of this committee’s recommendation to the full task force.

It was pointed out that any form of request is acceptable – voice, email, letter, etc. The form will only serve as a sample and would also serve to provide a paper trail should any conflict arise.

Corey Maze from Subcommittee D (Penalties) asked that this committee consider a denial form where responses are required to be in writing, citing the reason for the denial.

There was a motion to create a form that would provide a trigger to the denial process. Any denial would have to be made in writing, but there should be a simple, uniform method to follow. (Cochran, Morris)

Rep. Ward stated he would submit to LRS the section of the Virginia law as it provides all the essential elements dealing with the time limit procedures and cost. Gilbert Johnston had previously submitted some proposed language to be inserted.

A discussion followed on the five day time limit and the need for some agencies to have expressed statutory authority to delegate the discretionary function of records request responses as an administrative function. The questions raised should be addressed by Subcommittee E as related to ownership.

Rep. Ward asked that Felicia create a sample denial form for distribution to the committee members that would contain essential information including date, method, reason for denial and a responder signature.

Rep. Ward said he expects the complete task force to meet sometime in September to hear reports from each subcommittee.

Respectfully submitted

Felicia Mason, Secretary

July 27, 2006