How to File a Public Records Request in Birmingham, Alabama

What Is the Alabama Open Records Act?

The Alabama Open Records Act, codified at Code of Alabama §§ 36-12-40 through 36-12-46, establishes that every Alabama resident has the right to inspect and copy any public record held by state or local government. The law was significantly amended in 2024 by Act 2024-278 (SB 270), which for the first time established mandatory response deadlines for agencies. The amendments took effect on October 1, 2024.

A "public record" under Alabama law broadly includes any written, typed, or printed document made or received by a public official in the course of their duties. This encompasses city council meeting minutes, contracts and vendor agreements, building and zoning permits, emails and correspondence, financial records and budgets, and police incident reports. The law presumes that records are open to the public.

Key exemptions include library circulation records, security-related records, sensitive personnel records, pending criminal investigations, records received in confidence, and attorney-client privileged communications. Under the landmark case Chambers v. Birmingham News Co., 552 So. 2d 854 (Ala. 1989), Alabama courts require that exemptions be narrowly construed and place the burden of proving an exemption applies on the agency withholding the record — not on the requester.

Read the full text of the Alabama Open Records Act (Code of Alabama §§ 36-12-40 through 36-12-46)

How to File a Public Records Request with the City of Birmingham

How to Submit Your Request

Birmingham requires all public records requests to be submitted using the city's official Request for Public Records form. You can download the form from the city's website or pick one up in person at the City Clerk's Office on the third floor of Birmingham City Hall. Completed forms must be submitted either in person or by U.S. mail — the city does not currently accept requests by email or through an online portal. All requests must be accompanied by proof of Alabama residency, such as a valid Alabama driver's license, non-driver ID, voter registration card, or an employee or student ID from an Alabama institution. Only one requested item should be submitted per form. Do not submit payment until you are advised of the fee amount.

Download Required Form

What to Include in Your Request

• Your full name, address, phone number, and email address
• Proof of Alabama residency (driver's license, voter registration, or qualifying ID)
• A specific description of the records you are requesting, including names, dates, and record types
• The purpose of your request (Alabama law permits agencies to ask for this)
• Your preferred format for receiving records (paper copies or electronic)
• A maximum fee amount you are willing to pay before being contacted
• Your signature certifying that you are an Alabama resident

Response Deadlines and What to Expect

Under the 2024 amendments to the Alabama Open Records Act (effective October 1, 2024), the City of Birmingham must follow specific response timelines. First, the City will acknowledge receipt of a proper request within 10 days. Then, for standard requests, a substantive response — either fulfilling or denying the request — must be provided within 15 business days of the acknowledgment. The City may extend this period in 15-business-day increments with written notice to you.

For time-intensive requests — those the City determines would take more than eight hours of staff time to process — the City will notify you within 15 business days of acknowledging your request that it is classified as time-intensive, along with an estimate of likely fees. You then have the option to withdraw the time-intensive request and submit a narrower one. If you elect to proceed, the City has 45 business days from that election to provide a substantive response.

Importantly, Alabama law creates a rebuttable presumption that a standard request has been denied if no substantive response has been provided within 30 business days or 60 calendar days, whichever comes first. For time-intensive requests, the presumption kicks in at 180 business days or 270 calendar days. If these deadlines pass without a response, you may have grounds to file a civil action.

The City charges $0.50 per page for one-sided black-and-white copies (8.5" x 14" or smaller) and $0.75 per sheet for two-sided copies. Time-intensive requests may also include an administrative research surcharge based on actual staff costs. Payment may be required before records are produced.

What to Do If Your Request Is Denied or Delayed

If the City of Birmingham denies your public records request or fails to respond within the statutory deadlines, you have options — though Alabama's appeal process is more limited than most states. The most important thing to know is that Alabama has no administrative appeals process for denied records requests. There is no state ombudsman or oversight body you can escalate to.

Common reasons for denial include: the records are exempt under state law (such as personnel records, ongoing investigations, or security-related documents); the request is deemed vague, overly broad, or unreasonable in scope; or the requester failed to provide adequate proof of Alabama residency.

If your request is denied, the first step is practical, not legal. Contact the City Clerk's Office to discuss the denial and ask for clarification. Sometimes a simple conversation can resolve misunderstandings about the scope of your request, or the City may agree to release portions of the records with appropriate redactions. If that doesn't work, consider narrowing or resubmitting your request to address the stated reason for denial.

If informal efforts fail, your ultimate remedy is filing a civil action in the Jefferson County Circuit Court seeking a court order compelling the City to produce the records. Under Alabama law, a standard request is presumed denied if no response is received within 30 business days or 60 calendar days (Alabama Code § 36-12-44(a)(5)). Alabama courts have recognized the right to attorney's fees in public records cases where equity justifies it, though there is no automatic fee-shifting statute that guarantees prevailing requesters will recover costs.

Steps to Appeal

1. Contact the City Clerk's Office by phone at (205) 254-2823 to discuss the denial and request clarification on the reasons.
2. Submit a written follow-up asking the City to identify the specific legal basis for any denial or redaction.
3. Narrow or resubmit your request to address any concerns about scope, vagueness, or overbreadth identified by the City.
4. If the City claims an exemption, request that exempt material be redacted and the remaining non-exempt portions be released.
5. Consult with a media law or open-government attorney to evaluate the strength of your claim before filing suit.
6. File a civil action in Jefferson County Circuit Court seeking a court order to compel disclosure under Alabama Code § 36-12-40.
7. If successful, request attorney's fees — Alabama courts may award fees in cases where equity justifies it, per Bell v. The Birmingham News Co., 576 So. 2d 669 (Ala. Civ. App. 1991).

Types of Records You Can Request from Birmingham, Alabama

Birmingham's municipal government generates a wide range of public records across dozens of departments. Under the Alabama Open Records Act, any written, typed, or printed document made or received by a public official in the course of their duties is potentially a public record.

• City Council meeting minutes, agendas, and resolutions
• Ordinances and municipal code amendments
• City contracts, vendor agreements, and procurement documents
• Annual budgets, financial statements, and audit reports
• Building permits, zoning applications, and inspection reports
• Business license records
• Police incident and accident reports
• Fire department inspection and response records
• City employee salary and compensation records
• Property deeds, easements, and right-of-way agreements
• Code enforcement complaints and violation notices
• Correspondence and emails of city officials related to official duties
• Public works project plans and engineering documents
• Board and commission appointment records and meeting minutes

If you're unsure whether a specific document is a public record, file the request anyway. The burden is on the City of Birmingham to justify withholding — not on you to pre-determine what's available.

Tips for Effective Public Records Requests in Birmingham