222.01: Open Records Requests

Enterprise State Community College shall provide copies of public records that are received or created in the normal course of the institution’s business operations when requested under Alabama’s Open Records Act found at Alabama Code 36-12-40, unless exempted from disclosure.    

Records and document content that are exempted from disclosure include: 

• Information received by a public officer or public official in confidence; 

• Information which contains sensitive personnel records; 

• Pending criminal investigations; 

• Information received in anticipation of litigation or likely litigation;  

• Records which, if released, would be detrimental to the best interests of the public; and 

• Other statutorily exempted records; and

• Records and information protected under the attorney-client privilege.

Open Records Requests Procedures

The institution may require the use of a specific form to be used for citizens to make open records requests.

The institution may require written requests to be made for documents.

The institution may ask the purpose for a request or the requester’s intended use of the records.

The institution will make a reasonably diligent search for the records requested.

The institution has a reasonable time to produce open records that are not exempted from disclosure.  Due to issues such as limited staff, limited availability, vacations, holidays, and other leave of staff, records retrieval, large volume of records requested, complexity of the request, and requirement of staff supervision during records inspection, there could be variances in how long each production may take for each individual request.

The institution may charge reasonable research fees (up to $25 per request) and copying fees (up to .50 cents for the first 100 and .25 cents after 100).  These fees must be paid in advance prior to the production of the records requested.  When staff time and other resources would impose an undue burden on the institution’s financial resources or available staff time, additional charges may be assessed.  Personnel costs may be recovered if the search for documents and/or reproduction consumed a substantial amount of an employee’s time.

No original records may be removed from the institution.

No institution is required to respond to oral or written questions under Alabama’s Open Records laws.

No institution is required to respond to requests for interviews under Alabama’s Open Records laws.

An institution is not required to create documents, compile data, or prepare reports that have not already been created, compiled, or prepared in the normal course of business.

An institution is not required to reproduce information published or otherwise generally available to the public, such as on the institution’s website or other state agency websites.

All questions relating to open records requests or responses to the same should be submitted to the System office Legal Division.