Public Records Access Policy

Under Act 2024-278 codified in the Code of Alabama (§36-12-40 to §36-12-46), every resident has a right to inspect and take a copy of any public record (subject to payment of reasonable fees and the appropriate protections of private, confidential, privileged, and other nonpublic information) except as otherwise expressly provided by applicable law. 

Residents are defined in §36-12-43 of the Code of Alabama as "An individual who is permanently domiciled in Alabama with an expectation to remain in Alabama as demonstrated by reasonable proof of residency such as, but not limited to, an Alabama driver license or voter registration." 

The City may respond to public record requests made by nonresidents, in which case the response does not operate as a waiver of the City’s right to deny other or future requests made by nonresidents.  

How to Make a Public Records Request

You may request records by completing the Public Records Request form. You may also request a printed form by calling the City Clerk at 205.620.6404.

You may submit this form in several ways: 

• U.S. Mail: Public Records Request, City of Pelham, P.O. Box 1419, Pelham, AL  35124
• Email the City Clerk the completed form
• In person: Pelham City Hall, 3162 Pelham Parkway, Pelham, AL  35124

Fulfilling Your Request

The City of Pelham will acknowledge a proper request within 10 business days of its receipt.  If the City responds to a request by seeking clarification or additional information, the timelines set forth below are tolled and will restart once the clarification or additional information is received. 

Standard Requests 

A standard public records request is one that seeks one or more specifically and discretely identified public records that the City of Pelham determines would take less than eight hours of staff time to process, considering the time needed to identify and retrieve any responsive records and any time needed to redact or take other measures to withhold protected information.   A standard request should require no or minimal clarification by the requestor. 

The City of Pelham will provide a substantive response fulfilling or denying a proper standard request within 15 business days of acknowledging receipt.  The City of Pelham may extend this period in 15 business-day increments by written notice to the requestor.   The City of Pelham will make one of the following substantive responses to a proper public records request: 

• The public records are provided as attached or enclosed.
• Access to the public records will be provided at a set time, place, and location mutually agreeable by the City and the requestor.
• The City is prepared to provide the public records to the requestor upon payment of a reasonable fee.
• The request is denied with reasons stated therefore.
• The request is denied on the grounds that the public record does not exist within the custody of the City.  If known to the City, the City may identify the proper custodian or location for the requested public record.
• The request is denied for failure to substantially complete a standard request form.
• The request is denied for failure to substantially comply with the procedures outlined by the City for such request.
• The request is denied because the records sought are not public.

If a request for a very large number of records is made, and it is determined that it cannot be provided within 30 working days without disrupting other organizational responsibilities, a reasonable effort shall be made to reach an agreement concerning the production or inspection of the records. Where practical and cost-effective, all requests for information will be provided in common electronic formats. 

Time-Intensive Requests 

A time-intensive public records request is one that the City of Pelham determines would take more than eight hours of staff time to process, considering the time needed to identify and retrieve any responsive records and any time needed to redact or take measures to withhold protected information.   

The City will notify the requestor within 15 business days after acknowledging receipt that the request qualifies as a time-intensive request.  At that time, the City shall notify the requestor of any likely fees and allow the requestor to withdraw the time-intensive request and submit a new request that is not a time-intensive request. 

The City will provide a substantive response fulfilling or denying the request within 45 business days after the requestor elects to proceed with a time-intensive request.  The City may extend this period in 45 business-day increments by notifying the requestor in writing. 

Costs

• The City of Pelham may require the requestor to pay a reasonable fee set by the City before the requestor may receive any public records.  Where a fee is to be charged, the City shall notify the requestor of the estimated fee and withhold any public records until payment.
• The requestor may opt not to pay the fee and thus not receive any substantive response.  
• The City had the discretion to require the requestor to pay all or a portion of the estimated fee prior to searching for any responsive public records.  
• Costs include items such as staff time, copying costs, media costs, or any other costs directly related to supplying the requested records. It will not include general overhead costs.
• If money is owed from a previous public record request that has remained unpaid for more than 30 days, the City of Pelham may require payment of the past-due bill before responding to a new public records request.

General Guidelines

• A request should be as specific as possible.
• A request must ask for existing records or documents. 
• Records can be provided in the format in which they were created. For example, if you are requesting records maintained in an Excel spreadsheet, you may elect to receive those records electronically, via e-mail, on an external drive, or to receive a printed copy of those records.
• You may be contacted if we have questions about a request to ensure that the appropriate records are being provided.

Exemptions

The City of Pelham is not obligated to: 

• Create records or reports that do not exist or are not maintained or generated in the normal course of business.
• Respond to requests that seek information or other materials that are not public records.
• Produce draft documents used internally.
• Internal and external correspondence discussing possible actions to be taken.
• Respond to requests from nonresidents.
• Respond to requests not submitted according to the provisions on this page.  
• Respond to requests that are vague, ambiguous, overly broad, or unreasonable in scope.

The City may withhold certain records from public disclosure as outlined in Alabama law. The City of Pelham commonly withholds records subject to exemptions such as: 

• Circulation records and information concerning the use of public libraries (Provided further that any parent of a minor child shall of the right to inspect the circulation record of a public library as it pertains to their child)
• Information regarding a matter relevant to the pending or threatened action, suit, or proceeding in lieu of the proper discovery methods provided under applicable rules of procedure.
• Information regarding pending criminal investigations.
• 911 Audio Tapes (Pursuant to Ala. Code. §11-98-12)
• Recorded information received by a public officer in confidence.
• Sensitive personnel records
• Records subject to attorney-client privilege
• Vendor proprietary information
• Records relating to the negotiation and award of a contract, prior to a contract being awarded
• 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 and critical energy infrastructure information, the public disclosure of which could reasonably be expected to be detrimental to the public safety or welfare.
• Records in which disclosure would be detrimental to the public's best interest.

For more information, please contact the City of Pelham City Clerk at 205.620.6404.