MCEMCD OPEN RECORDS POLICY 

Effective Date: August 16th, 2024

Legal Framework:

1.                  **Alabama Public Records Law (Code of Alabama 1975, § 36-12-40)**: This law states that every citizen has a right to inspect and take a copy of any public writing of the state, except as otherwise expressly provided by statute. Effective October 1, 2024, Act 2024-278 becomes effective, which amends Sections 36-12-40, -41 and adds Sections 36-12-43 through 46.

2.                  **Exemptions and Limitations**:

- Certain information may be exempt from disclosure to protect privacy, ongoing investigations, or other matters.

- Personal identifying information, medical information, and other sensitive data may be redacted.

Other legal references available:

Alabama 11-98-12

Alabama Act 2024-278

PROCEDURE FOR HANDLING REQUESTS

1.    Requests must be made in writing.

     a.      Requests for Decatur Police Department must utilize their form and be sent to them for approval

     b.      All other requests can be submitted. MCEMCD may prepare and require the use of its own public records request form for such requests.

2. Reasonable and specific details must be provided, such as date, time, location and names if known

3. Requests for public records can only be made by a resident of Alabama

4. MCEMCD personnel will review the request and locate the record.

     a.       Agencies involved will be made aware of the request and asked to determine if the record is involved in a current investigation or is otherwise protected from release

     b.      Subpoenas for records do not require notification to an agency

     c.       Any personally identifiable information will be redacted as necessary

5. Response time

     a.       Effective October 1, 2024, per Act 2024-278, MCEMCD will be required to acknowledge a proper request within 10 days of receiving the request. MCEMCD’s deadlines and requirements for providing a substantive response to a proper request are further set out in Act 2024-278

6. Fees:

     a.       The price for transcripts will be determined by the transcription company, North Alabama Court Reporting.

     b.        Audio tapes: Flat rate of $100.00 which covers the first hour of research and $25.00 for each additional hour

     c.        Written document (CAD printouts) $5.00 for the first page and $1.00 for each additional page

     d.        Electronic delivery of documents in lieu of physical copies will be a $5.00 charge.

     e.        If delivered on a digital storage device provided by MCEMCD, the charge will be $10

This Policy shall in all ways be read and applied in a manner that complies with Alabama’s public records laws applicable to MCEMCD, including as those laws may be amended or modified from time to time.