How to File a Public Records Request in Foley, 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, guarantees every Alabama resident the right to inspect and copy public records maintained by state and local government agencies — including cities like Foley. Originally enacted in 1923, the law was significantly strengthened in 2024 by Act 2024-278, which introduced mandatory response deadlines for the first time in Alabama history.

A "public record" under Alabama law broadly includes any document created, received, or maintained by a public officer in the course of official duties. This encompasses city council meeting minutes, building permits, contracts, budgets, correspondence (including emails and text messages), police reports, inspection records, and financial statements. The law creates a strong presumption of openness — if a record exists in a government office, it is presumed public unless a specific exemption applies.

Key exemptions include library circulation records, security plans and critical infrastructure information, law enforcement investigative materials, attorney-client communications, and certain personnel records. However, the Alabama Supreme Court has consistently held that exemptions must be narrowly construed in favor of disclosure. The burden of proving that a record qualifies for an exemption rests on the government agency, not on the person requesting it.

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 Foley

How to Submit Your Request

The City of Foley requires all public records requests to be submitted using the city's official Information Request form. All requests must be presented to the City Clerk on this form and signed by the applicant. You can obtain the form by visiting the City Clerk's Office at Foley City Hall, 407 E. Laurel Avenue, or by contacting the office by phone at (251) 943-1545 to request one by mail. Completed forms can be submitted in person or mailed to P.O. Box 1750, Foley, AL 36536. The city's policy states that requests are normally handled within seven working days, though requests involving a large volume of information are handled on a time-available basis. Be as specific as possible when describing the records you need, and do not submit payment until you receive an itemized bill.

Download Required Form

What to Include in Your Request

• Your full name, mailing address, phone number, and email address
• Verifiable identification information as required by the City Clerk
• A clear and specific description of the records you are requesting
• The date range or time period covered by the records
• The city department or office likely to maintain the records, if known
• Your preferred format for receiving records (paper copies or in-person inspection)
• Your signature certifying that you have read and agree to the city's terms and conditions for handling public information requests

Response Deadlines and What to Expect

The City of Foley's own policy states that requests are normally handled within seven working days. However, under the 2024 amendments to the Alabama Open Records Act (Act 2024-278, effective October 1, 2024), the city is subject to binding state-level response timelines that supersede any local policy.

For standard requests — those the city estimates will take fewer than eight hours of staff time to process — the city must acknowledge receipt within 10 business days and provide a substantive response within 15 business days after acknowledgment. The city may extend this deadline in 15-business-day increments by providing written notice.

For time-intensive requests — those requiring more than eight hours of staff time — the city must notify you within 15 business days of acknowledgment that your request qualifies as time-intensive, along with a fee estimate. If you elect to proceed, the city has 45 business days to provide a substantive response, with possible extensions in 45-day increments.

A standard request is presumed denied if no substantive response or records are provided within 30 business days or 60 calendar days, whichever comes first, under § 36-12-44(a)(5). A time-intensive request is presumed denied after 180 business days or 270 calendar days.

Regarding fees, the City of Foley charges a flat fee of $3.00 plus $0.25 per page for documents consisting of 10 pages or more. A research fee at the employee's hourly rate of pay is charged for staff time, billed in quarter-hour increments. If records need to be mailed or faxed, additional charges apply. An itemized bill will be provided, and payment is due before records are released. Research fees can be waived by the Council and/or Mayor.

What to Do If Your Request Is Denied or Delayed

If the City of Foley denies your public records request or fails to respond within the statutory deadlines, don't assume the matter is closed. There are practical steps you can take to push for access to the records you are entitled to.

Common reasons for denial include: the records are exempt under state law (such as attorney-client communications, ongoing criminal investigations, security-related records, or certain personnel files); the request is too vague or overly broad; the requester has not provided verifiable identification as required by the city's policy; or the records do not exist or are not maintained by the city.

Alabama does not have a formal administrative appeals process for denied public records requests. There is no state ombudsman or independent oversight body to mediate disputes between requesters and government agencies. Your ultimate formal remedy is a civil action in circuit court — but before taking that step, informal resolution is often effective and should always be your first approach.

Start by contacting the City Clerk's Office directly to discuss the denial and ask for a written explanation citing the specific legal basis. Many denials can be resolved by narrowing or clarifying the scope of your request. If the City Clerk is unresponsive, escalate to the Mayor's Office or the City Attorney. Document all communications carefully — dates, names, what was said — because this record may be essential if you eventually go to court.

If informal resolution fails, your legal remedy is to file a civil action in the Circuit Court of Baldwin County. The lawsuit must be filed within two years of the denial. Alabama law does not currently provide for the automatic award of attorney fees to prevailing requesters, which makes litigation costly. Consult with a media law or open-government attorney before filing suit.

Steps to Appeal

1. Contact the City Clerk's Office by phone at (251) 943-1545 to ask for clarification on the denial and discuss whether your request can be narrowed or modified.
2. Submit a written follow-up requesting a formal, written explanation of the denial, including the specific statutory basis for withholding each record.
3. If the denial was based on the request being too broad or vague, revise and resubmit your request with more specific language, dates, and department names.
4. Escalate the matter to the Mayor's Office or the City Attorney's Office, requesting supervisory review of the denial.
5. Contact the Alabama Press Association or a media law attorney for guidance on whether your request was improperly denied under the Alabama Open Records Act.
6. If more than 30 business days or 60 calendar days have elapsed without a substantive response for a standard request, the request is presumed denied under Code of Alabama § 36-12-44(a)(5), giving you standing to file suit.
7. File a civil action in the Baldwin County Circuit Court seeking a court order compelling the city to produce the records. The lawsuit must be filed within two years of the denial. Note that Alabama law does not currently provide for attorney fee awards to prevailing requesters, so weigh the cost of litigation carefully.

Types of Records You Can Request from Foley, Alabama

The Alabama Open Records Act applies broadly to records created or maintained by the City of Foley in the course of its official business. Here are common types of records you can request:

• City Council meeting minutes, agendas, and resolutions
• City ordinances and municipal code amendments
• Annual budgets, financial statements, and audit reports
• Contracts, vendor agreements, and procurement documents
• Building permits, zoning applications, and inspection reports
• Police incident reports and arrest records (after warrant execution)
• Fire department inspection and response reports
• Business license records and applications
• City employee salary and compensation data
• Emails and correspondence of city officials relating to city business
• Code enforcement complaints and violation notices
• Public works and street department project records
• Annexation records and land use planning documents
• Planning Commission and Board of Adjustment meeting records
• Municipal court records and dockets

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

Tips for Effective Public Records Requests in Foley