City of Gadsden sets updated public records policy

Donna Thornton, The Gadsden Times
·4 min read
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The City of Gadsden recently amended its public records policy, City Clerk Iva Nelson said, to update the rates and to take into account digital media.

Nelson said the city's previous policy, dating back more than a dozen years, didn't take into account the requests for, or provision of, material in digital formats; the new policy addresses those requests.

State law makes most records subject to public inspection and gives municipalities the right to charge a reasonable fee for the time involved to find and prepare copies or other materials.

Requests for copies of public records should be made at the city clerk's office — room 401 at Gadsden City Hall — where the person seeking records will get an application form, complete it and return it to the clerk's office.

Applicants have to specify what records they want, and a reason for the request:

  • Individuals seeking information for personal use and not for a commercial purpose

  • Individuals affiliated with a private commercial entity seeking information for use in that entity's business

  • Representatives of a public interest organization seeking information as part of a news gathering function and not for a commercial purpose

  • Individuals affiliated with a education or non-commercial scientific institution seeking information for a scholarly or scientific purpose and not for a commercial purpose

  • News media representative

  • Other

Requests will be approved or denied; reasons for denials will be provided. Applicants whose requests are approved will be given estimates for the cost of the records. Payments must be made upfront.

Part of the cost is for materials — paper, DVDs, etc. — and part is for the employee time needed to get the material and copy it, and for research that may be needed to compile it.

For specific records in the clerk's office, the applicant may get immediate information about the cost and time it will take to obtain the records; if records are outside the clerk's office, it may take longer to determine the cost and when the request can be met.

The cost will be $1 per page for documents, whether they are provided on paper or through electronic means.

Documents, audio and video recordings, etc., provided on electronic media (CD, DVD, flash drive, etc.) will cost $15 per media unit.

The cost will be $15 for information provided in response to requests that involve property research, including environmental site assessments, code violations, etc.

The city clerk may waive fees for requests that take minimal time and resources.

Requests to view or get copies of records that are not specific in nature and require City Hall employees to compile data may require more time, according to the policy, to locate records and review to determine the complexity of the request and whether the record is confidential.

Time may be required as well to remove staples or edit materials for confidentiality reasons. The feasibility of providing non-standard size or formatted materials, or voluminous material, must be determined.

The city won't charge for the time it takes to calculate the charge for public records, according to the policy, and the first 30 minutes is free. After that, the charge is $25 per hour.

Some records are not subject to the public records law, according to the policy. That includes specific exemptions in the state law, and:

• Confidential written information submitted by an officer or employee to an attorney for the city;

• Plans, evaluations or studies relating to the safety and security of municipal employees or facilities;

• Certain personnel records relating to city employees, including W-2s; city employees have the right to be notified of requests to access information in their personnel files;

• Medical records and health information pertaining to an employee, unless authorized by the employee;

• Test materials given to applicants for employment or promotion with the city, including the results of any such test;

• Certain identifying personal information such as home address, telephone numbers, closest living relative, Social Security number, tax ID numbers, etc.;

• Information regarding the gross receipts or tax payments of a licensed business;

• Internal audit work papers and internal audit reports, including system security information;

• All court documents pertaining to the execution of warrants;

• Any information concerning pending court cases;

• Any information submitted to or received from NCIC/ACJIC facilities;

• Emergency medical reports prepared by the fire department, unless authorized by the patient or pursuant to court process;

• Records pertaining to ongoing fire investigations;

• Fire inspection reports unless authorized by the property owner;

• Records pertaining to confidential investigations by the police department, including but not limited to criminal investigation and internal affairs investigations;

• Confidential informant files;

• Crime scene information including photographs, videos, physical evidence, and such other similar materials.

If there are questions about whether a record is confidential, the request will be referred to the city legal department for guidance and advice.

Contact Gadsden Times reporter Donna Thornton at 256-393-3284 or donna.thornton@gadsdentimes.com.

This article originally appeared on The Gadsden Times: Gadsden's updated public records policy: Here's what you need to know