home
***
CD-ROM
|
disk
|
FTP
|
other
***
search
/
Current Shareware 1994 January
/
SHAR194.ISO
/
textfile
/
st1_foia.zip
/
FIA4.CAP
Wrap
Text File
|
1993-10-27
|
53KB
|
1,017 lines
CODE OF ALABAMA
*** THIS SECTION IS CURRENT THROUGH THE 1993 SUPPLEMENT
***
*** (1993 REGULAR AND ORGANIZATIONAL SESSIONS) ***
TITLE 36. PUBLIC OFFICERS AND EMPLOYEES
CHAPTER 12. MAINTENANCE, USE, ETC., OF PUBLIC PROPERTY,RECORDS, ETC
ARTICLE 3. INSPECTION AND COPYING OF RECORDS
Code of Ala. @ 36-12-40 (1993)
@ 36-12-40. Rights of citizens to inspect and copy public
writings; exception for public library registration and circulation records
Every citizen has a right to inspect and take a copy of any
public writing of this state, except as otherwise expressly provided by
statute. Provided
Code of Ala. @ 36-12-40 (1993)
however, registration and circulation records and information
concerning the use of the public, public school or college and university
libraries of this state shall be exempted from this section. Provided
further, any parent of a minor child shall have the right to inspect the
registration and circulation records of any school or public library that
pertain to his or her child. HISTORY: Code 1923, @ 2695; Code 1940, T. 41,
@ 145; Acts 1983, No. 83-565, p. 866, @ 3.
THIS SECTION IS TO BE LIBERALLY CONSTRUED in favor of the public.
However, there are some exceptions to, or limitations on, the application
of these statutes, although the exceptions or limitations must be narrowly
applied. Blankenship v. City of Hoover, 590 So. 2d 245 (Ala. 1991).
THE "PUBLIC WRITING" SPOKEN OF IN THIS SECTION IS SUCH A RECORD AS
IS reasonably necessary to record the business and activities required to
be done or carried on by a public officer so that the status and condition
of such business and activities can be known by the citizens. Stone v.
Consolidated Publishing Co., 404 So. 2d 678 (Ala. 1981); Bedingfield v.
Birmingham News Co., 595 So.2d 1379 (Ala. 1992).
PRESUMPTION OF PUBLIC DISCLOSURE OF PUBLIC WRITINGS AND RECORDS.
--There is a presumption in favor of public disclosure of public writings
and records expressed in the language of this section. Limitations to the
broad language of this section are, nevertheless, necessary, and absent
legislative action, the judiciary has to apply the "rule of reason."
However, it must be noted that this "rule of reason" shall not be applied
so as to hamper the liberal construction of this section. The exceptions
must be strictly construed and must be applied only in those cases where it
is readily apparent that disclosure will result in undue harm or
embarrassment to an individual, or where the public interest will clearly
be adversely affected, when weighed against the public policy
considerations suggesting disclosure. Chambers v. Birmingham News Co., 552
So. 2d 854 (Ala. 1989).
EXCEPTIONS TO THE BROAD LANGUAGE OF THIS SECTION are needed and should be
applied under appropriate circumstances. But, these exceptions must be
narrowly construed and their application limited, for it is the general
rule, and has been the policy of this state for a number of years, to
advocate open government and the Stone v. Consolidated Pub. Co., 404 So. 2d
678 (Ala. 1981), exceptions were not intended, nor shall they be used, as
an avenue for public officials to pick and choose what they believe the
public should be made aware of. Chambers v. Birmingham News Co., 552 So. 2d
854 (Ala. 1989). COURTS MUST BALANCE THE INTEREST OF THE CITIZENS IN
KNOWING WHAT THEIR PUBLIC OFFICERS ARE DOING in the discharge of public
duties against the interest of the general public in having the business of
government carried on efficiently and without undue interference. Stone v.
Consolidated Publishing Co., 404 So. 2d 678 (Ala. 1981).
Absent legislative limitations, it is for the courts to apply a
rule of reason in determining what is a public writing for inspection
purposes. It is not required of the courts to establish exact boundaries to
apply in all cases. The right to inspect public writings in Alabama is a
statutory grant which must be determined by the facts and circumstances in
each situation. Walsh v. Barnes, 541 So. 2d 33 (Ala. Civ. App. 1989).
THIS SECTION MAKES NO DISTINCTION BETWEEN DISCLOSURE FOR PROFIT OR
OTHERWISE. There is no exception under this section disallowing one to
inspect or copy public writings simply because one desires to use such for
personal gain. Walsh v. Barnes, 541 So. 2d 33 (Ala. Civ. App. 1989).
PERSON REQUESTING PUBLIC RECORD MAY BE REQUIRED TO GIVE REASON FOR
SEEKING RECORDS. --Person in charge of public records may require persons
requesting public records to fill out a form stating why a person is
seeking public records so long as the question is not intended to dissuade
people from seeking the records and is not used in the ordinary course as a
means to prevent people from having access to such records. Blankenship v.
City of Hoover, 590 So. 2d 245
Code of Ala. @ 36-12-40 (1993)
(Ala. 1991).
ACTUARIAL TABLES USED BY THE TEACHERS' RETIREMENT SYSTEM WERE FOUND
TO BE PUBLIC writings and thus open to inspection by the public. Walsh v.
Barnes, 541 So. 2d 33 (Ala. Civ. App. 1989).
RECORDS SUBJECT TO DISCLOSURE. --Internal audit report of offices
of city council was a "public writing" which was not excepted from public
disclosure requirement. Bedingfield v. Birmingham News Co., 595 So.2d 1379
(Ala. 1992).
RECORDS NOT SUBJECT TO DISCLOSURE. --Recorded information received by a
public officer in confidence, sensitive personnel records, pending
criminal investigations, and records the disclosure of which would be
detrimental to the best interests of the public are some of the areas which
may not be subject to public disclosure under this section and @ 36-12-41.
Stone v. Consolidated Publishing Co., 404 So. 2d 678 (Ala. 1981).
ARCHITECTS' REGISTRATION EXAMINATIONS NOT "PUBLIC WRITINGS."
--Trial court did not err in holding that the architects' registration
examinations of successful candidates were privileged information or in
granting a protective order regarding those documents. Munger v. State Bd.
for Registration of Architects, 607 So. 2d 280 (Ala. Civ. App. 1992).
RIGHT TO INSPECT PETITION FOR LOCAL OPTION LIQUOR REFERENDUM. --A
person over the age of 21 years, a bona fide resident citizen and duly
qualified elector and voter of Alabama and his county, may inspect a
petition for a local option liquor referendum, under this section. State ex
rel. Kernells v. Ezell, 291 Ala. 440, 282 So. 2d 266 (1973).
CITED in International Ass'n of Firefighters Local 2069 v. City of
Sylacauga, 436 F. Supp. 482 (N.D. Ala. 1977); Craig v. Selma City Sch. Bd.,
801 F. Supp. 585 (S.D. Ala. 1992).
COLLATERAL REFERENCES. --Validity, construction, and application of
statutory provisions relating to public access to police records. 82 ALR3d
19. Restricting public access to judicial records of state courts.
84 ALR3d 598. Defamation: privilege accorded state or local governmental
administrative records relating to private individual member of public. 40
ALR4th 318. What constitutes legitimate research justifying inspection
of state or local public records not open to inspection by general public.
40 ALR4th 333.
CODE OF ALABAMA
*** THIS SECTION IS CURRENT THROUGH THE 1993 SUPPLEMENT
***
*** (1993 REGULAR AND ORGANIZATIONAL SESSIONS) ***
TITLE 36. PUBLIC OFFICERS AND EMPLOYEES
CHAPTER 12. MAINTENANCE, USE, ETC., OF PUBLIC PROPERTY,RECORDS, ETC
ARTICLE 3. INSPECTION AND COPYING OF RECORDS
Code of Ala. @ 36-12-41 (1993)
@ 36-12-41. Public officers to provide certified copies of writings upon
payment of fees therefor; admissibility in evidence of copies
Every public officer having the custody of a public writing
which a citizen has a right to inspect is bound to give him, on demand, a
certified copy of it, on payment of the legal fees therefor, and such copy
is admissible as evidence in like cases and with like effect as the
original writing. HISTORY: Code 1923, @ 2696; Code 1940, T. 41, @ 147.
THE "PUBLIC WRITING" SPOKEN OF IN @ 36-12-40 IS SUCH A RECORD AS IS
reasonably necessary to record the business and activities required to be
done or carried on by a public officer so that the status and condition of
such business and activities can be known by the citizens. Stone v.
Consolidated Publishing Co., 404 So. 2d 678 (Ala. 1981).
COURTS MUST BALANCE THE INTEREST OF THE CITIZENS IN KNOWING WHAT THEIR
PUBLIC OFFICERS ARE DOING in the discharge of public duties against the
interest of the general public in having the business of government carried
on efficiently and without undue interference. Stone v. Consolidated
Publishing Co., 404 So. 2d 678 (Ala. 1981).
RECORDS NOT SUBJECT TO DISCLOSURE. --Recorded information received by a
public officer in confidence, sensitive personnel records, pending
criminal investigations, and records the disclosure of which would be
detrimental to the best interests of the public are some of the areas which
may not be subject to public disclosure under @ 36-12-40 and this
section. Stone v. Consolidated Publishing Co., 404 So. 2d 678 (Ala. 1981).
Code of Ala. @ 36-12-41 (1993)
ALASKA STATUTES
*** THIS SECTION IS CURRENT THROUGH THE 1992 SUPPLEMENT
***
*** (1992 SECOND SPECIAL SESSION) ***
TITLE 9. CODE OF CIVIL PROCEDURE
CHAPTER 25. EVIDENCE
Alaska Stat. @ 09.25.100 (1992)
Sec. 09.25.100. Disposition of tax information
Information in the possession of the Department of Revenue which
discloses the particulars of the business or affairs of a taxpayer or other
person is not a matter of public record, except for purposes of
investigation and law enforcement. The information shall be kept
confidential except when its production is required in an official
investigation or court proceeding. These restrictions do not prohibit the
publication of statistics presented in a manner that prevents the
identification of particular reports and items, or prohibit the publication
of tax lists showing the names of taxpayers who are delinquent and relevant
information which may assist in the collection of delinquent taxes.
HISTORY: (@ 3.21 ch 101 SLA 1962)
NOTES:
DISCLOSURE OF CONFIDENTIAL TAX RECORDS TO MEMBERS OF LEGISLATIVE
BRANCH. --Under limited circumstances, the Department of Revenue may
disclose confidential tax records to members of the legislative branch
under this section and AS 43.05.230. January 12, 1989 Op. Att'y Gen.,
distinguishing 1972 Op. Att'y Gen. No. 8 (Nov. 21) and overruling 1986 Inf.
Att'y Gen. Op. (Jan. 17) to the extent that it conflicts with this opinion.
DISCLOSURE OF INFORMATION OBTAINED IN AUDIT. --The Department of
Revenue could disclose information obtained in the audit of Big Three
Industries, Inc., to Big Three Lincoln Alaska, Inc., in the course of the
hearing process on Big Three Lincoln's administrative appeal of the
determination that it was engaged in a unitary business with Big Three
Industries. September 10, 1986 Op. Att'y Gen.
PUBLICATION OF DECISIONS. --The department can publish decisions
that have not been appealed or for which confidentiality was not
voluntarily waived if it establishes guidelines for publication to protect
a taxpayer's identity. June 16, 1983 Op. Att'y Gen.
COLLATERAL REFERENCES. --Validity, construction, and effect of state laws
requiring state officials to protect confidentiality of income tax returns
and information, 1 ALR4th 959.
USER NOTE: For more generally applicable notes, see notes under the
first section of this article, chapter or title.
ALASKA STATUTES
*** THIS SECTION IS CURRENT THROUGH THE 1992 SUPPLEMENT
***
*** (1992 SECOND SPECIAL SESSION) ***
TITLE 9. CODE OF CIVIL PROCEDURE
CHAPTER 25. EVIDENCE
Alaska Stat. @ 09.25.220 (1992)
Sec. 09.25.220. Definitions
In AS 09.25.100 -- 09.25.220, unless the context otherwise
requires,
(1) "electronic services and products" means computer-related
services and products provided by a public agency, including
(A) electronic manipulation of the data contained in
public records in order to tailor the data to the person's request or to
develop a product that meets the person's request;
(B) duplicating public records in alternative formats not used by
a public agency, providing periodic updates of an electronic file or data
base, or duplicating an electronic file or data base from a geographic
information system;
(C) providing on-line access to an electronic file or data
base;
(D) providing information that cannot be retrieved or
generated by the existing computer programs of the public agency;
(E) providing functional electronic access to the
information system of the public agency; in this subparagraph, "functional
access" includes the capability for alphanumeric query and printing,
graphic query and plotting, nongraphic data input and analysis, and graphic
data input and analysis;
(F) providing software developed by a public agency or
developed by a private contractor for a public agency;
Alaska Stat. @ 09.25.220 (1992)
(G) generating maps or other standard or customized
products from an electronic geographic information system;
(2) "news organization" means
(A) an individual, partnership, corporation or other association
regularly engaged in the business of
(i) publishing a newspaper or other periodical that reports
news events, is issued at regular intervals and has a general circulation;
(ii) providing newsreels or other motion picture news for
public showing; or
(iii) broadcasting news to the public by wire, radio,
television or facsimile;
(B) a press association or other association of individuals,
partnerships, corporations, or other associations described in (A)(i),
(ii), or (iii) of this paragraph engaged in gathering news and
disseminating it to its members for publication;
Alaska Stat. @ 09.25.220 (1992)
(3) "privilege" means the conditional privilege granted to public
officials and reporters to refuse to testify as to a source of
information;
(4) "public official" means a person elected to a public office
created by the Constitution or laws of this state, whether executive,
legislative, or judicial, and who was holding that office at the time of
the communication for which privilege is claimed;
(5) "public agency" means a political subdivision, department,
institution, board, commission, division, authority, public corporation,
council, committee, or other instrumentality of the state or a
municipality; "public agency" includes the University of Alaska and the
Alaska Railroad Corporation;
(6) "public records" means books, papers, files, accounts, writings,
including drafts and memorializations of conversations, and other items,
regardless of format or physical characteristics, that are developed or
received by a public agency, or by a private contractor for a public
agency, and that are preserved for their informational value or as evidence
of the organization or operation of the public agency; "public records"
does not include proprietary software programs;
(7) "reporter" means a person regularly engaged in the business of
collecting or writing news for publication, or presentation to the public,
through a news organization; it includes persons who were reporters at the
time of the communication, though not at the time of the claim of
privilege;
(8) "Telecommunications Information Council" means the
Telecommunications Information Council established under AS 44.19.502.
HISTORY: (@ 1 ch 115 SLA 1967; am @ 14 ch 59 SLA 1982; am @ 8 ch 200 SLA
1990; am @ 104 ch 4 FSSLA 1992)
NOTES:
EFFECT OF AMENDMENTS. --The 1982 amendment made minor technical changes
throughout the section.
The 1990 amendment made an internal reference change in the
introductory paragraph, added present paragraph (1), renumbered former
paragraphs (1)-(3) as paragraphs (2)-(4) while making a minor punctuation
change in present paragraph (4), added paragraphs (5) and (6), renumbered
former paragraph (4) as paragraph (7), and added paragraph (8).
The 1992 amendment, effective July 1, 1992, deleted the Alaska State
Housing Authority from the list at the end of paragraph (5).
Alaska Stat. @ 09.25.220 (1992)
NOTES TO DECISIONS
PUBLIC OFFICIAL. --The president of the University of Alaska is a public
officer for purposes of AS 09.25.110. Carter v. Alaska Pub. Employees
Ass'n, 663 P.2d 916 (Alaska 1983).
USER NOTE: For more generally applicable notes, see notes under the first
section of this article, chapter or title.
ALASKA STATUTES
*** THIS SECTION IS CURRENT THROUGH THE 1992 SUPPLEMENT
***
*** (1992 SECOND SPECIAL SESSION) ***
TITLE 9. CODE OF CIVIL PROCEDURE
CHAPTER 25. EVIDENCE
Alaska Stat. @ 09.25.110 (1992)
Sec. 09.25.110. Public records open to inspection and copying;
fees
(d) A public agency may reduce or waive a fee when the public
agency determines that the reduction or waiver is in the public interest.
Fee reductions and waivers shall be uniformly applied among persons who
are similarly situated. A public agency may waive a fee of $5 or less
if the fee is less than the cost to the public agency to arrange for
payment.
(e) Notwithstanding other provisions of this section to the
contrary, the Bureau of Vital Statistics, the library archives in the
Department of Education, and the division of banking, securities, and
corporations in the Department of Commerce and Economic Development may
continue to charge the same fees that they are charging on September 25,
1990 for performing record searches, and may increase the fees as necessary
to recover agency expenses on the same basis that is used by the agency
immediately before September 25, 1990.
(f) Notwithstanding other provisions of this section to the contrary,
the Board of Regents of the University of Alaska may establish reasonable
fees for the inspection and copying of public records, including record
searches.
(g) Notwithstanding other provisions of this section to the contrary,
the board of directors of the Alaska Railroad Corporation may establish
reasonable fees for the inspection and copying of public records, including
record searches.
(h) Notwithstanding other provisions of this section to the contrary,
the judicial branch may establish by court rule reasonable fees for the
inspection and copying of public records, including record searches.
(i) Electronic information that is provided in printed form shall be
made available without codes or symbols, unless accompanied by an
explanation of the codes or symbols.
HISTORY: (@ 3.22 ch 101 SLA 1962; am @@ 2, 3 ch 200 SLA 1990)
NOTES:
CROSS REFERENCES. --For proof of public records, see Evid. R. 1005; for
management and preservation of public records, see AS 40.21.
For legislative findings and intent in connection with the 1990
amendments to this section, see @ 1, ch. 200, SLA 1990 in the Temporary and
Special Acts.
EFFECT OF AMENDMENTS. --The 1990 amendment rewrote subsection (a)
and added subsections (b)-(i).
Alaska Stat. @ 09.25.110 (1992)
OPINIONS OF ATTORNEY GENERAL. --When the taxpayer files the notice of
appeal, a Department of Revenue hearing decision may be made public because
the taxpayer is, in effect, waiving any right to confidentiality he may
have had. June 16, 1983 Op. Att'y Gen., modifying March 12, 1980 Op. Att'y
Gen. to the extent that the time when the decision becomes a part of the
public record is changed from the issuance of a court order to prepare the
record to the filing of the notice of the appeal.
NOTES TO DECISIONS
FOR DISCUSSION OF THE HISTORY OF THIS SECTION, see City of Kenai v. Kenai
Peninsula Newspapers, Inc., 642 P.2d 1316 (Alaska 1982).
BROAD POLICY. --This section and AS 09.25.120 articulate a broad policy of
open records. City of Kenai v. Kenai Peninsula Newspapers, Inc., 642 P.2d
1316 (Alaska 1982).
THE "AGENCIES AND DEPARTMENTS" LANGUAGE used in this section must be read
as referring to the agencies and departments of the governments to which
the statute applies, but that language itself does not define what the
applicable level of government is. City of Kenai v. Kenai Peninsula
Newspapers, Inc., 642 P.2d 1316 (Alaska 1982) (decided prior to 1990
amendment).
THE WORD "PUBLIC" as used in this section and AS 09.25.120 with
"officer" refers both to state and local officials. City of Kenai v. Kenai
Peninsula Newspapers, Inc., 642 P.2d 1316 (Alaska 1982).
APPLICATION TO MUNICIPALITIES. --The provisions of this section are
applicable to municipalities. City of Kenai v. Kenai Peninsula Newspapers,
Inc., 642 P.2d 1316 (Alaska 1982).
In light of the common law rule, legislative history, and the court's
reading of the sections, the state supreme court will construe this section
and AS 09.25.120 as that court would have construed them prior to 1957,
which is as a strong legislative declaration that records in the possession
of municipalities shall be available for public inspection, subject to
exceptions based on need. City of Kenai v. Kenai Peninsula Newspapers,
Inc., 642 P.2d 1316 (Alaska 1982).
DISCLOSURE OF APPLICATIONS FOR PUBLIC POSTS. --Strong public interest in
the disclosure of the affairs of government generally, and in an open
selection process for high public officials in particular, requires public
disclosure and inspection of applications for posts having substantial
discretionary authority. City of Kenai v. Kenai Peninsula Newspapers, Inc.,
642 P.2d 1316 (Alaska 1982).
LAWSUIT SETTLEMENT AGREEMENT TERMS. --A public agency may not circumvent
the statutory disclosure requirements by agreeing to keep the terms of a
lawsuit settlement agreement confidential. Anchorage Sch. Dist. v.
Anchorage Daily News, 779 P.2d 1191 (Alaska 1989).
UNIVERSITY OF ALASKA. --The legislature intended to include the University
of Alaska within the scope of state agencies subject to the public records
statute. Carter v. Alaska Pub. Employees Ass'n, 663 P.2d 916 (Alaska 1983).
The president of the University of Alaska is a public officer for
purposes of this section. Carter v. Alaska Pub. Employees Ass'n, 663 P.2d
916 (Alaska 1983).
LETTERS SENT BY CITIZENS TO GOVERNOR REGARDING APPOINTMENTS are public
records within the scope of the public records statute, AS 09.25.110 --
09.25.120. Doe v. Alaska Superior Court, 721 P.2d 617 (Alaska 1986).
EXCEPTIONS TO DISCLOSURE REQUIREMENTS. --Exceptions to the disclosure
requirements of this section are construed narrowly in furtherance of the
legislature's expressed bias in favor of broad public access. Municipality
of Anchorage v. Anchorage Daily News, 794 P.2d 584 (Alaska 1990).
EXCEPTIONS TO DISCLOSURE REQUIREMENTS. --Exceptions to the disclosure
requirements of this section are construed narrowly in furtherance of the
legislature's expressed bias in favor of broad public access. Municipality
of Anchorage v. Anchorage Daily News, 794 P.2d 584 (Alaska 1990).
THE OPEN MEETINGS ACT, which provides for closed executive sessions when
subjects potentially prejudicial to reputation are discussed, does not
establish an express exception to the pro-disclosure requirements of the
Public Records Act or otherwise permit the suppression of documents
produced at such sessions. Municipality of Anchorage v. Anchorage Daily
News, 794 P.2d 584 (Alaska 1990).
REPORT OF MAYOR'S BLUE RIBBON FISCAL POLICY COMMITTEE, appointed to
investigate city's economic condition, was not exempt from ordinary
disclosure requirements, where the report was the product of a public
process and was intended for public dissemination. Municipality of
Anchorage v. Anchorage Daily News, 794 P.2d 584 (Alaska 1990).
SUPERIOR COURT ORDER requiring city library advisory board to release to a
newspaper a performance evaluation report pertaining to a head librarian
was affirmed, where the evaluation did not in any way deal with the
personal, intimate, or otherwise private life of the librarian.
Municipality of Anchorage v. Anchorage Daily News, 794 P.2d 584 (Alaska
1990).
GOVERNMENT BEARS BURDEN OF JUSTIFYING DENIAL OF ACCESS. --When the
government seeks to deny access to a particular public document, it is the
government which bears the initial burden of presenting evidence justifying
denial. Municipality of Anchorage v. Anchorage Daily News, 794 P.2d 584
(Alaska 1990). A GOVERNMENTAL AGENCY IS NOT ENTITLED TO DELAY ACCESS to a
public document through the use of depositions where it has presented no
prima facie defense to release. Municipality of Anchorage v. Anchorage
Daily News, 794 P.2d 584 (Alaska 1990).
APPLIED IN Meiners v. Bering Strait Sch. Dist., 687 P.2d 287
(Alaska 1984).
CITED IN O'Leary v. Superior Court, 816 P.2d 163 (Alaska 1991). COLLATERAL
REFERENCES. --Finding of draft board as evidence of physical condition of
one registered, 16 ALR 247.
Admissibility of report of public officer or employee on cause of or
responsibility for injury to person or damage to property, 153 ALR 163; 69
ALR2d 1148. USER NOTE: For more generally applicable notes, see notes under
the first section of this article, chapter or title.
ALASKA STATUTES
*** THIS SECTION IS CURRENT THROUGH THE 1992 SUPPLEMENT
*** (1992 SECOND SPECIAL SESSION) ***
TITLE 9. CODE OF CIVIL PROCEDURE
CHAPTER 25. EVIDENCE
Alaska Stat. @ 09.25.120 (1992)
Sec. 09.25.120. Public records; exceptions; certified copies
Every person has a right to inspect a public record in the state,
including public records in recorders' offices except
(1) records of vital statistics and adoption proceedings which shall be
treated in the manner required by AS 18.50;
(2) records pertaining to juveniles;
(3) medical and related public health records;
(4) records required to be kept confidential by a federal law or regulation
or by state law;
(5) to the extent the records are required to be kept confidential under
20 U.S.C. 1232g and the regulations adopted under 20 U.S.C. 1232g in order
to secure or retain federal assistance;
(6) records orinformation compiled for law enforcement purposes, but only
to the extent that the production of the law enforcement records or
information
(A) could reasonably be expected to interfere with enforcement proceedings,
(B) would deprive a person of a right to a fair trial or an impartial
adjudication,
(C) could reasonably be expected to constitute an unwarranted invasion of
the personal privacy of a suspect, defendant, victim, or witness,
(D) could reasonably be expected to disclose the identity of a confidential
source,
(E) would disclose confidential techniques and procedures for law
enforcement investigations or prosecutions,
(F) would disclose guidelines for law enforcement investigations or
prosecutions if the disclosure could reasonably be expected to risk
circumvention of the law, or
(G) could reasonably be expected to endanger the life or physical safety of
an individual. Every public officer having the custody of records not
included in the exceptions shall permit the inspection, and give on demand
and on payment of the fees under AS 09.25.110 -- 09.25.115 a certified copy
of the record, and the copy shall in all cases be evidence of the original.
Recorders shall permit memoranda, transcripts, and copies of the public
records in their offices to be made by photography or otherwise for the
purpose of examining titles to real estate described in the public records,
making abstracts of title or guaranteeing or insuring the titles of the
real estate, or building and maintaining title and abstract plants; and
shall furnish proper and reasonable facilities to persons having lawful
occasion for access to the public records for those purposes, subject to
reasonable rules and regulations, in conformity to the direction of the
court, as are necessary for the protection of the records and to prevent
interference with the regular discharge of the duties of the recorders and
their employees.
HISTORY: (@ 3.23 ch 101 SLA 1962; am @ 5 ch 200 SLA 1990)
NOTES:
EFFECT OF AMENDMENTS. --The 1990 amendment rewrote this section.
NOTES TO DECISIONS
FOR DISCUSSION OF THE HISTORY OF THIS SECTION, see City of Kenai v. Kenai
Peninsula Newspapers, Inc., 642 P.2d 1316 (Alaska 1982).
BROAD POLICY. --AS 09.25.110 and this section articulate a broad policy of
open records. City of Kenai v. Kenai Peninsula Newspapers, Inc., 642 P.2d
1316 (Alaska 1982).
EFFECT OF "IN THE STATE" LANGUAGE. --When the legislature chose to say "in
the state," and not "of the state" in the first sentence of this section,
they were conscious of the fact that they were defining scope and had it
been intended to limit the application of this section to state agencies
and departments, it could easily and clearly have done so. City of Kenai v.
Kenai Peninsula Newspapers, Inc., 642 P.2d 1316 (Alaska 1982).
THE WORD "PUBLIC" as used in AS 09.25.110 and this section with "officer"
refers both to state and local officials. City of Kenai v. Kenai Peninsula
Newspapers, Inc., 642 P.2d 1316 (Alaska 1982).
APPLICATION TO MUNICIPALITIES. --The provisions of AS 09.25.110 and this
section are applicable to municipalities. City of Kenai v. Kenai Peninsula
Newspapers, Inc., 642 P.2d 1316 (Alaska 1982).
In light of the common law rule, legislative history, and the court's
reading of the sections, the state supreme court will construe AS 09.25.110
and this section as that court would have construed them prior to 1957,
which is as a strong legislative declaration that records in the possession
of municipalities shall be available for public inspection, subject to
exceptions based on need. City of Kenai v. Kenai Peninsula Newspapers,
Inc., 642 P.2d 1316 (Alaska 1982).
Alaska Stat. @ 09.25.120 (1992)
DISCLOSURE OF APPLICATIONS FOR PUBLIC POSTS. --Strong public interest in
the disclosure of the affairs of government generally, and in an open
selection process for high public officials in particular requires public
disclosure and inspection of applications for posts having substantial
discretionary authority. City of Kenai v. Kenai Peninsula Newspapers, Inc.,
642 P.2d 1316 (Alaska 1982).
LAWSUIT SETTLEMENT AGREEMENT TERMS. --A public agency may not circumvent
the statutory disclosure requirements by agreeing to keep the terms of a
lawsuit settlement agreement confidential. Anchorage Sch. Dist. v.
Anchorage Daily News, 779 P.2d 1191 (Alaska 1989).
UNIVERSITY OF ALASKA. --The legislature intended to include the University
of Alaska within the scope of state agencies subject to the public records
statute. Carter v. Alaska Pub. Employees Ass'n, 663 P.2d 916 (Alaska 1983).
LETTERS SENT BY CITIZENS TO GOVERNOR REGARDING APPOINTMENTS are public
records within the scope of the public records statute, AS 09.25.110 --
09.25.120. Doe v. Alaska Superior Court, 721 P.2d 617 (Alaska 1986).
EXCEPTIONS TO DISCLOSURE REQUIREMENTS. --Exceptions to the disclosure
requirements of this section are construed narrowly in furtherance of the
legislature's expressed bias in favor of broad public access. Municipality
of Anchorage v. Anchorage Daily News, 794 P.2d 584 (Alaska 1990).
THE OPEN MEETINGS ACT, which provides for closed executive sessions when
subjects potentially prejudicial to reputation are discussed, does not
establish an express exception to the pro-disclosure requirements of the
Public Records Act or otherwise permit the suppression of documents
produced at such sessions. Municipality of Anchorage v. Anchorage Daily
News, 794 P.2d 584 (Alaska 1990).
REPORT OF MAYOR'S BLUE RIBBON FISCAL POLICY COMMITTEE, appointed to
investigate city's economic condition, was not exempt from ordinary
disclosure requirements, where the report was the product of a public
process and was intended for public dissemination. Municipality of
Anchorage v. Anchorage Daily News, 794 P.2d 584 (Alaska 1990).
SUPERIOR COURT ORDER requiring city library advisory board to release to a
newspaper a performance evaluation report pertaining to a head librarian
was affirmed, where the evaluation did not in any way deal with the
personal, intimate, or otherwise private life of the librarian.
Municipality of Anchorage v. Anchorage Daily News, 794 P.2d 584 (Alaska
1990). GOVERNMENT BEARS BURDEN OF JUSTIFYING DENIAL OF ACCESS. --When the
government seeks to deny access to a particular public document, it is the
government which bears the initial burden of presenting evidence justifying
denial. Municipality of Anchorage v. Anchorage Daily News, 794 P.2d 584
(Alaska 1990).
A GOVERNMENTAL AGENCY IS NOT ENTITLED TO DELAY ACCESS to a public document
through the use of depositions where it has presented no prima facie
defense to release. Municipality of Anchorage v. Anchorage Daily News, 794
P.2d 584 (Alaska 1990).
COLLATERAL REFERENCES. --66 Am. Jur. 2d, Records and Recording Laws, @@
12-31.
76 C.J.S., Records, @@ 34-41.
Validity, construction, and application of statutes making public
proceedings open to the public, 38 ALR3d 1070.
Confidentiality of records as to recipients of public welfare,
54 ALR3d768.
Validity, construction, and application of statutory provisions relating
to public access to police records, 82 ALR3d 19.
Restricting access to judicial records of state courts, 84 ALR3d
598.
Payroll records of individual government employees as subject to
disclosure to public, 100 ALR3d 699.
ALASKA STATUTES
*** THIS SECTION IS CURRENT THROUGH THE 1992 SUPPLEMENT
*** (1992 SECOND SPECIAL SESSION) ***
TITLE 9. CODE OF CIVIL PROCEDURE
CHAPTER 25. EVIDENCE
Alaska Stat. @ 09.25.125 (1992)
Sec. 09.25.125. Enforcement: Injunctive relief
A person having custody or control of a public record who denies,
obstructs, or attempts to obstruct, or a person not having custody or
control who aids or abets another person in denying, obstructing, or
attempting to obstruct, the inspection of a public record subject to
inspection under AS 09.25.110 or 09.25.120 may be enjoined by the superior
court from denying, obstructing, or attempting to obstruct, the inspection
of public records subject to inspection under AS 09.25.110 or 09.25.120. A
person may seek injunctive relief under this section without exhausting the
person's remedies under AS 09.25.123 -- 09.25.124.
HISTORY: (@ 1 ch 74 SLA 1975; am @ 7 ch 200 SLA 1990)
NOTES:
EFFECT OF AMENDMENTS. --The 1990 amendment, in the first sentence,
substituted "denies, obstructs," for "obstructs" near the beginning and
twice inserted "denying," preceding "obstructing" near the middle, and
added the second sentence.
ARIZONA REVISED STATUTES
*** THIS SECTION IS CURRENT THROUGH THE 1ST REGULAR ***
*** AND 3RD SPECIAL SESSIONS OF THE 41ST LEGISLATURE
TITLE 39. PUBLIC RECORDS, PRINTING AND NOTICES
CHAPTER 1. PUBLIC RECORDS
ARTICLE 2. SEARCHES AND COPIES
A.R.S. @ 39-121.01 (1993)
@ 39-121.01. Copies; printouts or photographs of public records
A. In this article, unless the context otherwise requires:
1. "Officer" means any person elected or appointed to hold any
elective or appointive office of any public body and any chief
administrative officer, head, director, superintendent or chairman of any
public body.
2. "Public body" means the state, any county, city,
town, school district, political subdivision or tax-supported district in
the state, any branch, department, board, bureau, commission, council or
committee of the foregoing, and any public organization or agency,
supported in whole or in part by funds from the state or any political
subdivision thereof, or expending funds provided by the state or any
political subdivision thereof.
B. All officers and public bodies shall maintain all records reasonably
necessary or appropriate to maintain an accurate knowledge of their
official activities and of any of their activities which are supported by
funds from the state or any political subdivision thereof.
C. Each public body shall be responsible for the preservation,
maintenance and care of that body's public records and each officer shall
be responsible for the preservation, maintenance and care of that officer's
public records. It shall be the duty of each such body to carefully secure,
protect and preserve public records from deterioration, mutilation, loss or
destruction, unless disposed of pursuant to @@ 41-1344, 41-1347 and 41-1351
A.R.S. @ 39-121.01 (1993)
D. Subject to the provisions of @ 39-121.03:
1. Any person may request to examine or be furnished copies,
printouts or photographs of any public record during regular office hours.
The custodian of such records shall furnish such copies, printouts or
photographs and may charge a fee if the facilities are available, except
that public records for purposes listed in @ 39-122 shall be furnished
without charge.
2. If the custodian of a public record does not have facilities for
making copies, printouts or photographs of a public record which a person
has a right to inspect, such person shall be granted access to the public
record for the purpose of making copies, printouts or photographs. The
copies, printouts or photographs shall be made while the public record is
in the possession, custody and control of the custodian thereof and shall
be subject to the supervision of such custodian. HISTORY: Last year in
which legislation affected this section: 1977
A.R.S. @ 39-121.02 (1993)
@ 39-121.02. Action upon denial of access; expenses and attorney
fees; damages
A. Any person who has requested to examine or copy public records
pursuant to the provisions of this article, and who has been denied access
to or the right to copy such records, may appeal the denial through a
special action in the superior court, pursuant to the rules of procedure
for special actions against the officer or public body.
B. If the court determines that a person was wrongfully denied access to
or the right to copy a public record and if the court finds that the
custodian of such public record acted in bad faith, or in an arbitrary or
capricious manner, the superior court may award to the petitioner legal
costs, including reasonable attorney fees, as determined by the court.
C. Any person who is wrongfully denied access to public records
pursuant to the provisions of this article shall have a cause of action
against the officer or public body for any damages resulting therefrom.
HISTORY: Last year in which legislation affected this section: 1975
TITLE 5. AMUSEMENTS AND SPORTS
CHAPTER 3. BOATING AND WATER SPORTS
ARTICLE 3. REGISTRATION AND TAXATION OF WATERCRAFT
A.R.S. @ 5-324 (1993)
@ 5-324. Public records; identification of requester; supplying
information by mail; records custodians; certification of records
A. All records of the department made or kept pursuant to this article
are public records.
TITLE 39. PUBLIC RECORDS, PRINTING AND NOTICES
CHAPTER 1. PUBLIC RECORDS
ARTICLE 2. SEARCHES AND COPIES
A.R.S. @ 39-121.03 (1993)
@ 39-121.03. Request for copies, printouts or photographs; statement of
purpose; commercial purpose as abuse of public record; determination by
governor; civil penalty; definition
A.R.S. @ 39-121.03 (1993)
A. A person requesting copies, printouts or photographs of public
records for a commercial purpose shall, upon making such a request, provide
a certified statement setting forth the commercial purpose for which the
copies, printouts or photographs will be used. Upon being furnished the
verified statement the custodian of such records may furnish reproductions,
the charge for which shall include the following:
1. A portion of the cost to the state for obtaining the original or
copies of the documents, printouts or photographs.
2. A reasonable fee for the cost of time, equipment and personnel in
producing such reproduction.
3. The value of the reproduction on the commercial market.
B. If the custodian of a public record determines that the commercial
purpose stated in the verified statement is a misuse of public records or
is an abuse of the right to receive public records, the custodian may apply
to the governor requesting that the governor by executive order prohibit
the furnishing of copies, printouts or photographs for such commercial
purpose. The governor, upon application from a custodian of public records,
shall determine whether the commercial purpose is a misuse or an abuse of
the public record. If the governor determines that the public record shall
not be provided for such commercial purpose he shall issue an executive
order prohibiting the providing of such public records for such commercial
purpose. If no order is issued within thirty days of the date of
application, the custodian of public records shall provide such copies,
printouts or photographs upon being paid the fee determined pursuant to
subsection A of this section.
C. A person who obtains public records for a commercial purpose without
indicating the commercial purpose or who obtains a public record for a
noncommercial purpose and uses or knowingly allows the use of such public
record for a commercial purpose or who obtains a public record for a
commercial purpose and uses or knowingly allows the use of such public
record for a different commercial purpose or who obtains a public record
from anyone other than the custodian of such records and uses them for a
commercial purpose shall in addition to other penalties be liable to the
state or the political subdivision from which the public record was
obtained for damages in the amount of three times the amount which would
have been charged for the public record had the commercial purpose been
stated plus costs and reasonable attorneys' fees or shall be liable to the
state or the political subdivision for the amount of three times the actual
damages if it can be shown that the public record would not have been
provided had the commercial purpose of actual use been stated at the time
of obtaining the records.
D. As used in this section "commercial purpose" means the use of a
public record for the purpose of sale or resale or for the purpose of
producing a document containing all or part of the copy, printout or
photograph for sale or the obtaining of names and addresses from such
public records for the purpose of solicitation or the sale of such names
and addresses to another for the purpose of solicitation or for any purpose
in which the purchaser can reasonably anticipate the receipt of monetary
gain from the direct or indirect use of such public record. Commercial
purpose does not mean the use of a public record as evidence or as research
for evidence in an action in a judicial or quasi-judicial body of this
state or a political subdivision of this state.
HISTORY: Last year in which legislation affected this section: 1985
ARKANSAS CODE OF 1987 ANNOTATED
*** CURRENT THROUGH THE 1993 SUPPLEMENT ***
*** (1993 FIRST EXTRAORDINARY SESSION) ***
TITLE 25. STATE GOVERNMENT
CHAPTER 19. FREEDOM OF INFORMATION ACT
Ark. Stat. Ann. @ 25-19-103 (1993)
@ 25-19-103. Definitions
As used in this chapter, unless the context otherwise requires:
(1) "Public records" means writings, recorded sounds, films, tapes,
or data compilations in any form, required by law to be kept or otherwise
kept, and which constitute a record of the performance or lack of
performance of official functions which are or should be carried out by a
public official or employee, a governmental agency, or any other agency
wholly or partially supported by public funds or expending public funds.
All records maintained in public offices or by public employees within the
scope of their employment shall be presumed to be public records.
(2) "Public meetings" means the meetings of any bureau, commission,
or agency of the state, or any political subdivision of the state,
including municipalities and counties, boards of education, and all other
boards, bureaus, commissions, or organizations in the State of Arkansas,
except grand juries, supported wholly or in part by public funds or
expending public funds.
HISTORY: Acts 1967, No. 93, @ 3; 1977, No. 652, @ 1; 1981, No. 608, @ 1;
1985, No. 468, @ 1; A.S.A. 1947, @ 12-2803.
CASE NOTES
PUBLIC FUNDS.
A private, nonprofit association of colleges and secondary schools which
was composed of public servants and accepted public moneys was subject to
this chapter. North Cent. Ass'n of Colleges & Sch. v. Troutt Bros., 261
Ark. 378, 548 S.W.2d 825 (1977).
A ground lease between a city and the American Red Cross, wherein the
city charged the Red Cross a one-dollar-per-year lease payment, did not
qualify as support by public funds within the meaning of subdivision (1).
Sebastian Cty. Ch. of Am. Red Cross v. Weatherford, 311 Ark. 656, 846
S.W.2d 641 (1993).
The plain language of subdivision (1) confirms that the General
Assembly intended that direct public funding be required; had the General
Assembly intended to extend this act to private organizations that receive
any form of government assistance or subsidy, no matter how indirect, it
would not have used the words "supported ... by public funds" to describe
the nature of support necessary to trigger this act. Sebastian Cty. Ch. of
Am. Red Cross v. Weatherford, 311 Ark. 656, 846 S.W.2d 641 (1993).
Refusal to read indirect government benefits or subsidies into the term
"public funds" is not at odds with a liberal construction of this act.
Sebastian Cty. Ch. of Am. Red Cross v. Weatherford, 311 Ark. 656, 846
S.W.2d 641 (1993).
The term "public funds" should be given its plain and ordinary meaning
which is best evidenced by Black's Law Dictionary and the definition
"moneys belonging to government." Sebastian Cty. Ch. of Am. Red Cross v.
Weatherford, 311 Ark. 656, 846 S.W.2d 641 (1993).
PUBLIC MEETINGS.
Where committee of a state board meets to transact business, such
meeting is a public meeting subject to the provisions of this chapter and a
newspaper reporter must be permitted to attend. Arkansas Gazette Co. v.
Pickens, 258 Ark. 69, 522 S.W.2d 350 (1975).
PUBLIC RECORDS.
Records of intercollegiate conference on the amount of money that its
member institutions disbursed to its student athletes were not
"educational" records under the Family Education Rights and Privacy Act of
1974, and were not closed to the public because they were not individual
education or academic records; moreover, the conference was not entitled to
exemption from disclosure since it was partially supported by public funds,
and the dues paid by some member institutions were from state funds so that
the conference records came within the terms of this section. Arkansas
Gazette Co. v. Southern State College, 273 Ark. 248, 620 S.W.2d 258 (1981).
PUBLIC RECORDS.
Records of intercollegiate conference on the amount of money that its
member institutions disbursed to its student athletes were not
"educational" records under the Family Education Rights and Privacy Act of
1974, and were not closed to the public because they were not individual
education or academic records; moreover, the conference was not entitled to
exemption from disclosure since it was partially supported by public funds,
and the dues paid by some member institutions were from state funds so that
the conference records came within the terms of this section. Arkansas
Gazette Co. v. Southern State College, 273 Ark. 248, 620 S.W.2d 258 (1981).
Recorded votes of individual members of committee constituted a record
of the performance or lack of performance of official functions carried
out by the committee, and where there was testimony that it was the general
practice of the committee to retain mailout ballots used in voting on
matters coming before the committee then, the vote slips at issue
constituted public records which should have been retained. Depoyster v.
Cole, 298 Ark. 203, 766 S.W.2d 606 (1989).
Police crime scene photographs and pathologist photographs are
"otherwise kept" for evidence in criminal cases as an "official function"
of a police department, and are thus public records subject to the Freedom
of Information Act. McCambridge v. City of Little Rock, 298 Ark. 219, 766
S.W.2d 909 (1989).
Inmate records appellee requested were "public records" since they were
required to be kept by law. Furman v. Holloway, 312 Ark. 378, 849 S.W.2d
520 (1993).
Police investigation file with respect to the charges against defendant
constituted " public records" as defined in subdivision (1). Martin v.
Musteen, 303 Ark. 656, 799 S.W.2d 540 (1990).
Legal memoranda prepared by outside counsel for the City for litigation
purposes are public records within the meaning of this chapter and are open
to inspection. City of Fayetteville v. Edmark, 304 Ark. 179, 801 S.W.2d 275
(1990). CITED: Legislative Joint Auditing Comm. v. Woosley, 291 Ark. 89,
722 S.W.2d 581 (1987); Arkansas Hwy. & Transp. Dep't v. Hope Brick Works,
Inc., 294 Ark. 490, 744 S.W.2d 711 (1988); Young v. Rice, 308 Ark. 593, 826
S.W.2d 252 (1992).
Ark. Stat. Ann. @ 25-19-103 (1993)
<<< E N D >>>
<included - Alabama, Alaska, Arizona, Arkansas>
That's 4 states - only 46 more to go!
There may be some duplication in how this has been pasted together. My
thanks to John Mullins for his efforts.
Uploads appreciated at FatherNet BBS (718) 494-1719 PCBoard 15.0
USR-DS 16.8K Just make your first call *after* 8 PM Eastern because there's
immediate callback verification.
With a little effort, we will have completed a State FOIA FAQ! Final
compilation of the STATE-FOIA will be available as a file.
Please cross-post freely and include this message.
Regards,
Richard Donovan
---
■ JABBER v1.2 ■ In the first place God made idiots; this was for practice
- Mark Twain