ACCESS TO GOVERNMENT RECORDS

C. Attorney General Opinions:

1. Payment for copies of records: If possible, a public agency should
provide free copies of public records. However, if budgetary
constraints prevent this, then a public agency may charge a nominal
fee, if necessary to cover its costs for providing copies of public
records. One may inspect public records without paying a fee unless
a substantial amount of employee's time is required. 184 Ala. Op.
Atty. Gen. 27 (Aug. 25, 1981). There is a statutory authority for the
collection of fees to defray costs of providing a citizen with
information retained by public officers. A "reasonable fee" may be
charged. It is interpreted to mean the actual cost incurred in
providing information. Such charges cannot be imposed to restrict
public access. Attorney's fees incurred to review a request for
documents cannot be charged. Ala. Op. Atty. Gen. 98-00161 (Jun.
12, 1998).

2. Computer Data: Computer records maintained in office of tax
assessor constitute public records that may be supplied to citizens
under reasonable conditions. 209 Ala. Op. Atty. Gen. 29 (Nov. 4,
1987).A probate judge may enter into an agreement with a vendor to
make records maintained in their office available via computer from
remote locations so long as it allows similar access to anyone
requesting it on the same terms. Ala. Op. Atty. Gen. 2000-076 (Feb.
2, 2000).

An agency cannot restrict access to public information merely
because a person intends to use the record for personal gain.
However, if a database compilation of facts is protected under
copyright law, a copyright would protect the reproduction of the facts
in the exact same manner as produced by the agency. Ala. Op. Atty.
Gen. 98-00157 (Jun. 4, 1998).

3. Employee Lists: A citizen or entity is entitled to inspect a list of
teachers and other personnel employed by a local school board or
board of education. The BOE may charge a reasonable fee if it
provides a copy of the list to the citizen or entity requesting it. The
board would not be required to furnish the home addresses of its
employees as a part of said list. 212 Ala. Op. Atty. Gen. 26 (Aug. 1,
1988).

Information concerning the names, titles, and compensation of
county employees is a matter of public record to be made available
to the public. 227 Ala. Op. Atty. Gen. 60 (June 11, 1992).

4. Personnel Records: The public may obtain the following
information from a teachers' personnel record:

a. Specific salary expenditure account information.

b. The race and sex of the employee.

c. The current assignment of the employee.

d. The rank and type of teaching certificate or endorsement a teacher
holds.

e. The employee's employment experience record.

f. The employee's gross salary.

g. Date of hire and attainment of tenure.

h. Applications, disciplinary actions and memoranda of reprimand.

i. After action by the board has been taken, recommendations of the
superintendent for transfer or discipline.

Ala. Op. Atty. Gen. 96-00003 (Oct. 4, 1995).

Individual documents reflecting the opinions of each individual
board member's evaluation of the superintendent of education are not
subject to disclosure. Usually, only the final draft or document,
reflecting the ultimate decision, is contemplated for disclosure by the
Open Records Law. Ala. Op. Atty. Gen. 96-00126 (Feb. 8, 1996).

Performance evaluations of a superintendent of education are public
records and must be released unless they contain "sensitive
personnel matters." It is the burden of the board to determine and
support such matters are included. Ala. Op. Atty. Gen. 99-00258
(Jul. 27, 1999).

5. Applicants for Public Jobs: The names and resumes of applicants
for the director of the Alabama Department of Environmental
Management are matters of public record. Ala. Op. Atty. Gen.
96-00105 (Jan. 19, 1996).

Summaries of resumes from job applicants submitted to an industrial
development board are "public writings" regulated under ALA.
CODE § 36-12-40 (1975). 223 Ala. Op. Atty. Gen. 19 (May 17,
1991).

6. Administrative Complaints: Generally, when formal charges are
filed against a citizen by a state agency charged with regulating their
conduct that information is available to the public after the individual
has been served with notification of the action. The official transcript
of a disciplinary action hearing is a public record as well as the final
decision. However, open complaint files, closed complaint files
where no probable cause was found to proceed to an investigation
should be kept confidential. Also, an investigative committee's
recommendation to proceed with informal settlement negotiations
should also be kept confidential. Ala. Op. Atty. Gen. 97-00244 (July
31, 1997)(Home Builders Licensure Board).

The State Pharmacy Board cannot delete the names of pharmacists
from disciplinary records released to the public when the pharmacists
are receiving treatment for an addiction as part of their discipline. The
names of persons being recommended for discipline are not subject
to disclosure until they are acted upon. Ala. Op. Atty. Gen. 2000-068
(Jan. 21, 2000).

7. Agencies Subject to the Open Records Law: All state, county and
city agencies are subject to the open records law.

The records of a city water board are open to the public. 197 Op.
Atty. Gen. 24 (1984).

The application for licensure as a nursing home administrator
required by the board of examiners of nursing home administrators is
a public record, thus, every citizen has a right to inspect such
applications. 226 Ala. Op. Atty. Gen. 15 (Jan. 15, 1992).

Department of Corrections (prison) records are public records with
certain exceptions. The work release roster showing the place of
employment would be open while the psychological profile would
not be public. 200 Op. Atty. Gen. 25 (1985).

8. Law Enforcement Records:

a. Uniform Incident/Offense Reports: The front of the incident
offense report should always be available to the public for inspection.
Ala. Op. Atty. Gen. 2000-04 ( Oct. 7, 1999). Uniform
Incident/Offense Reports are public records but those portions on the
back of the report which contain information which would
compromise criminal investigations, result in potential harm to
innocent persons or infringe upon the constitutional rights of the
accused may be kept confidential. Ala. Op. Atty. Gen. 97-00043
(Nov. 27, 1996).

b. Pistol Permits: Copies of pistol permits kept on file in the sheriff's
office are public records. A privacy act will not be violated if another
person is provided with a copy of an individual's pistol permit. A
citizen may inspect and take a copy of a pistol permit issued by the
sheriff to an individual. A sheriff may, at his discretion, decide to give
such information over the telephone. The sheriff is not, however,
required to do so over the telephone. 223 Ala. Op. Atty. Gen. 16
(Apr. 18, 1991). The Federal Privacy Act of 1974 does not apply to
sheriffs. Ala. Op. Atty. Gen. 98-00065 (Dec. 31, 1997). However, the
sheriff must determine whether personal information such as the
social security number, home address, place of employment and
telephone number of the applicant is subject to disclosure or should
be redacted. 99-00032 (Oct. 30, 1998).

c. Radio Logs: Police department radio logs need not be disclosed
for public scrutiny. Ala. Op. Atty. Gen. 96-00128 (Feb. 8, 1996).

d. Bingo Licenses and Permits: Applications for bingo permits and
annual financial statements filed with the sheriff of Jefferson County
are public records subject to public disclosure. Ala. Op. Atty. Gen.
97-00169 (Apr. 21, 1997).

9. Burden of Proof: A government official who refuses to permit
access to a report resulting from a study paid for by state funds has
the burden of proof to establish that report is within an exception to
the general rule of public disclosure. Ala. Op. Atty. Gen. 99-00164
(Apr. 7, 1999).