Huffman High School Gunfire Incident Report

Dear Mr. Natta and Ms. Jimenez,

We are in receipt of your inquiry dated June 9, 2023, in which you completed and signed acknowledging that you had read and understood the City’s Public Records Request policies and fee schedule.

Researchers or the news media have no greater access to public records than that accorded the general public. The Open Records Act does not authorize a person to shift to the City the tasks of inspecting, reviewing and identifying the document(s) to be copied or the expense of copying those and does not require the custodian to undertake the burden and expense of mailing or otherwise delivering the copies. The City is not required to provide records in a specific requested format, but will provide records in the format that is least burdensome to City personnel. The City may not waive required fees for entities without specific legislative authority to do so.

Please note that your request, as written, is overly broad and unduly burdensome in that it requests that City personnel review five years of reports to locate those documents that contain specific key words. When completing the Public Records Request Forms, please narrow the scope of your request. You should use a separate form for each type of record requested. Be as specific as possible, using names, record title, function of record, record date or date ranges, and any other information that you feel will expedite your request. Please also identify the City department or office that you believe maintains the requested records.

It is important to be aware that only the front page of an Incident Report or an Arrest report would be available as a Public Record (subject to redaction). Law enforcement investigatory reports and related investigative material are not public record and are protected from disclosure without an appropriate court order. Accordingly, law enforcement investigation reports and related investigative material would not be searched for the specific key words that you reference, without an appropriate court order.

Pursuant to §12-21-3.1, Code of Alabama 1975, law enforcement investigative reports and related investigative material are not public records. Law enforcement investigative reports, records, field notes, witness statements, and other investigative writings or recordings are privileged communications protected from disclosure. The City may not provide law enforcement investigative reports upon request, or subject to a civil or administrative subpoena, without a lawful and appropriate court order.

Section 12-21-3.1
Subpoena of law enforcement officers and investigative reports; disposition of criminal matters.
(a) Neither law enforcement investigative reports nor the testimony of a law enforcement officer may be subject to a civil or administrative subpoena except as provided in subsection (c).
(b) Law enforcement investigative reports and related investigative material are not public records. Law enforcement investigative reports, records, field notes, witness statements, and other investigative writings or recordings are privileged communications protected from disclosure.
(c) Under no circumstance may a party to a civil or administrative proceeding discover material which is not authorized discoverable by a defendant in a criminal matter. Noncriminal parties may upon proper motion and order from a court of record: Secure photographs, documents and tangible evidence for examination and copying only by order of a court imposing such conditions and qualifications as may be necessary to protect a chain of custody of evidence; or protect the prosecutors', law enforcement officers', or investigators' work product; or to prevent the loss or destruction of documents, objects, or evidence. Such discovery order may be issued by a court of record upon proof by substantial evidence, that the moving party will suffer undue hardship and that the records, photographs or witnesses are unavailable from other reasonable sources.
(d) Discovery orders prior to the disposition of the criminal matter under investigation are not favored and should be granted only upon showing that the party seeking discovery has substantial need of the materials and is unable, without undue hardship, to obtain the substantial equivalent by other means.
(e) Nothing in this section shall preclude the disclosure of investigative reports, including the testimony of law enforcement officers, to a state administrative agency authorized by law to investigate or conduct administrative contested case hearings in any matter related to the suspension, revocation, or restriction of a professional license or registration for the protection of the public health and safety.
(f) For purposes of this section, a criminal matter is disposed of in any of the following ways:
(1) When the prosecuting authority has presented the matter to a grand jury and a no bill or true bill has been returned.
(2) After a written statement by the chief law enforcement officer of the agency conducting the investigation that the matter under investigation is closed.
(3) When the entity or individual under investigation has been tried and final judgment entered.
(Act 98-507, p. 1184, §§1, 2.)
Again, requests for multiple items are not accepted. Only one request can be made per form. You are welcome to reach out to the Alabama Law Enforcement Agency (ALEA) for further review.

Sincerely,

The Public Information Requests Team

Good afternoon,

Your email regarding a June 9, 2023 request about a March 2018 Huffman High School shooting has been received.

Please see the response below in addition to the response you have previously received regarding your request:

The United States Supreme Court has recognized that the Alabama Open Records Law (Section 36-12-40, Code of Alabama) permissibly limits public records access to citizens of the State of Alabama. The Alabama Open Records Law does not regulate commerce in any meaningful sense, but instead provides a service that is related to Alabama state citizenship. The request does not seek records that would otherwise be available under the Privileges and Immunities Clause of the US Constitution.

Your request, as written, is hereby denied.

Sincerely,

The Public Information Requests Team