JurisdictionAlabamaTitle 36Public Officers and Employees
Ch. 12Maintenance, Use, Etc., of Public Property, Records, Etc
Art. 3Inspection and Copying of Records
This text of Alabama § 36-12-43 (Public Policy; Definitions; Applicability) is published on Counsel Stack Legal Research, covering Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(a)It is the policy of the state to promptly provide residents with the opportunity to inspect public records and to request a copy, subject to payment of reasonable fees and to appropriate protections for private, confidential, privileged, and other nonpublic information, and to the interest of the general public in having the business of government carried on efficiently and without undue interference.
(b)For purposes of this article, the following terms shall have the following meanings:
(1)BUSINESS DAY. A day that the public officer’s office is open to the public and conducting normal operations.
(2)PUBLIC OFFICER. A public officer or his or her designee responsible for responding to public records requests.
(3)RESIDENT. An individual who is permanently domiciled in Alabama with a
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(a) It is the policy of the state to promptly provide residents with the opportunity to inspect public records and to request a copy, subject to payment of reasonable fees and to appropriate protections for private, confidential, privileged, and other nonpublic information, and to the interest of the general public in having the business of government carried on efficiently and without undue interference.
(b) For purposes of this article, the following terms shall have the following meanings:
(1) BUSINESS DAY. A day that the public officer’s office is open to the public and conducting normal operations.
(2) PUBLIC OFFICER. A public officer or his or her designee responsible for responding to public records requests.
(3) RESIDENT. An individual who is permanently domiciled in Alabama with an expectation to remain in Alabama as demonstrated by reasonable proof of residency such as, but not limited to, an Alabama driver license or voter registration.
(4) STANDARD REQUEST. A public records request that seeks one or more specifically and discretely identified public records that the public officer determines would take less than eight hours of staff time to process considering the time needed to identify and retrieve any responsive records and any time needed to redact or take other measures to withhold protected information. A standard request should require no or minimal clarification by the requester.
(5) SUBSTANTIVE RESPONSE. A response to a proper public records request that sets forth the public officer’s ultimate position on the substance of the request. The term includes, but is not limited to, the following, in whole or in part:
a. A statement that the public records are provided as attached or enclosed.
b. A statement that access to the requested public records will be provided at a set time, place, and location during regular business hours or at a time, place, and location mutually agreeable to the public officer and the requester.
c. A statement that the public officer is prepared to provide the requested public records to the requester upon payment of a reasonable fee.
d. A statement that denies the request with reasons stated therefor.
e. A statement that denies the request on the grounds that the requested public record does not exist within the government agency. If known to the public officer, the public officer may identify the proper custodian or location for the requested public record.
f. A statement that denies the request for failure to substantially complete a standard request form.
g. A statement that denies the request for failure to substantially comply with the written procedures established by the public officer for such request.
h. A statement that denies the request because the records sought are not public.
(6) TIME-INTENSIVE REQUEST. A public records request that the public officer determines would take more than eight hours of staff time to process considering the time needed to identify and retrieve any responsive records and any time needed to redact or take other measures to withhold protected information.
(c) This article is not intended to, and does not, change or in any way affect any protections for private, confidential, privileged, or other nonpublic information provided under applicable law.