Friday, July 19, 2019

Alabama Open Records


After many years of requesting different documents from differnt governmental agencies. I’ve come to the conclusion that the Alabama Open Records Act has no teeth in it, and needs much work.
I requested the Use of Deadly Force Policy from the Eufaula Police Dept. in Jan. and to this date I have not received it.
Now the question is ” What are they trying to hide “.
The citizens of Eufaula Ala. are the taxpayers and the ones that pay the salaries of the police and all the City Council, and they can’t see the policies and procedures that they go by.
Any agency, non-profit, Church, and business has rules and regulations it has set to go by. Especially if they are an Incorporated police dept who’s officers carry fire arms that are deadly weapons.
However: The City of Eufaula does not want the citizens to see the rules that they are suppose to go by.
The part what really disturbing is that the City of Eufaula has actually sent the Attorney General a formal request for an opinion on whether the City can release Policies that guide the Use of Deadly Force against citizens such as me and you.
Now according to Alabama Code:

Section 36-12-40
Rights of citizens to inspect and copy public writings; exceptions.
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 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. Notwithstanding the foregoing, records concerning security plans, procedures, assessments, measures, or systems, and any other records relating to, or having an impact upon, the security or safety of persons, structures, facilities, or other infrastructures, including without limitation information concerning critical infrastructure (as defined at 42 U.S.C. §5195c(e) as amended) and critical energy infrastructure information (as defined at 18 C.F.R. §388.113(c)(1) as amended), the public disclosure of which could reasonably be expected to be detrimental to the public safety or welfare, and records the disclosure of which would otherwise be detrimental to the best interests of the public shall be exempted from this section. Any public officer who receives a request for records that may appear to relate to critical infrastructure or critical energy infrastructure information, shall notify the owner of such infrastructure in writing of the request and provide the owner an opportunity to comment on the request and on the threats to public safety or welfare that could reasonably be expected from public disclosure on the records.

(Code 1923, §2695; Code 1940, T. 41, §145; Acts 1983, No. 83-565, p. 866, §3; Act 2004-487, p. 906, §1.)

Now there is nothing in the Policies and Procedures pertaining to the Use of Deadly Force progression that should not be disclosed to the public. So why would’nt the City of Eufaula not give it to me. This among alot of other things going on in Eufaula Aalbama really makes me and others want to dig deeper into the City and see what’s really going on.
Sometimes people put you into a position where you have to hold them accountable and transparent.
It’s pitiful in a familiy oriented, loving warm place like Eufaula Ala. we are going to have to sue in order to make people who are suppose to protect us do the right thing.

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