Huntsville Hospital Executive Employment Contracts, Salaries, and Bonuses (City Of Huntsville)

André Natta filed this request on behalf of Dana with the Huntsville Clerk-Treasurer of Huntsville, AL.
Multi Request Huntsville Hospital Executive Employment Contracts, Salaries, and Bonuses
Est. Completion None
Status
Awaiting Response

Communications

From: Dana

To Whom It May Concern:

Pursuant to the Alabama Open Records Act, the Alabama Attorney General opinion 2008-004, and guidelines of the Alabama Ethics Commission, I hereby request the following records:

I am a member of the state of Alabama public and doing research on local health care compared to national statistics and patient/ community healthcare outcomes. I am requesting information on the employment contracts, the annual salaries, and any bonuses of top-level executives for the public hospital corporation governed and owned by the Health Care Authority Board of the City of Huntsville.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 business days.

Sincerely,

Dana Holladay-Hollifield
10013 Strong Dr. SE
Huntsville, AL 35803

571-242-9547

From: Huntsville Clerk-Treasurer

I have received your request for records under the Alabama Open Records Law § 36-12-40 et seq.

The FOIA (Freedom of Information Act) as a matter of clarification is a federal provision that is primarily concerned with the several federal agencies and making certain information is public and available, but that act does not have applicability to state and local entities. Section 36-12-40, commonly referred to as the Alabama Open Records Law, states that “every citizen has a right to inspect and take a copy of any public writing of this state, except as otherwise expressly provided by statute.” It is therefore axiomatic that an Alabama statute that references the rights of a citizen denotes the rights of a person who is a resident of this state.

The Alabama Supreme Court has limited the import of section 36-12-40 to Alabama citizens. See State ex rel Kernells v. Ezell, 291 Ala. 440. (Ala.1973). Also, in Stone v. Consol. Publ’g Co., 404 So. 2d 678, 681 (1981) which states that public writings of the state are records that record the activities of public officers so that the status or condition of …activities can be known by our citizens. The United States Supreme Court in McBurney v. Young, 133 S. Ct. 1709, 1714 (2013) ruled that a state’s public records law limited access to public records to only the citizens of that state. Therefore, Alabama Attorney General Opinion 2018-030 has concluded that generally, access to public records is limited to requests by Alabama citizens only.

Accordingly, we are unable to fulfill your request.

Sincerely,

Edward E. Blair
Assistant City Attorney

EDWARD E. BLAIR
Assistant City Attorney
City of Huntsville
P.O. Box 308
Huntsville, AL 35804
(256) 427-5026
(256) 427-5043 (fax)

Email: eddie.blair@huntsvilleal.gov<mailto:eddie.blair@huntsvilleal.gov>

Vice President: Alabama Association of Municipal Attorneys (AAMA)

PERSONAL AND CONFIDENTIAL LAWYER-CLIENT LEGAL COMMUNICATION

Confidentiality Notice and Disclaimer: This e-mail is from the Office of the City Attorney, and it may be protected by the attorney-client privilege or as attorney work-product, or contain otherwise confidential information. ACCORDINGLY, DO NOT FORWARD THE CONTENTS OF THIS MESSAGE, WITHOUT THE APPROVAL OF THE SENDER. If you received the message by error, please notify the sender that you received it by replying to this e-mail, and then delete it from your computer. Unless specifically stated otherwise in the body of the message, the content of the message is not to be construed as establishing an attorney-client relationship if one does not otherwise exist, or as consent to conduct business by any electronic medium.

From: Dana

I am an Alabama state citizen. My home addresses are
10013 Strong Drive SE
Huntsville, AL 35803

and

4301 Holmes Ave NW
Huntsville, AL 35816

Feel free to call me 571-242-9547

From: Huntsville Clerk-Treasurer

We’ve already provided a response to this matter.

EDWARD E. BLAIR
Assistant City Attorney
City of Huntsville
P.O. Box 308
Huntsville, AL 35804
(256) 427-5026
(256) 427-5043 (fax)

Email: eddie.blair@huntsvilleal.gov<mailto:eddie.blair@huntsvilleal.gov>

President: Alabama Association of Municipal Attorneys (AAMA)

PERSONAL AND CONFIDENTIAL LAWYER-CLIENT LEGAL COMMUNICATION

Confidentiality Notice and Disclaimer: This e-mail is from the Office of the City Attorney, and it may be protected by the attorney-client privilege or as attorney work-product, or contain otherwise confidential information. ACCORDINGLY, DO NOT FORWARD THE CONTENTS OF THIS MESSAGE, WITHOUT THE APPROVAL OF THE SENDER. If you received the message by error, please notify the sender that you received it by replying to this e-mail, and then delete it from your computer. Unless specifically stated otherwise in the body of the message, the content of the message is not to be construed as establishing an attorney-client relationship if one does not otherwise exist, or as consent to conduct business by any electronic medium.

From: Dana

According to the following, Alabama citizens are entitled to the information I have asked.

https://casetext.com/case/tennessee-valley-v-health-care-authority

https://scholar.google.com/scholar_case?case=9297847489010943456&q=Tennessee+valley+vs+health+care+authority&hl=en&as_sdt=206

https://opinions.alabamaag.gov/Documents/opin/2015-043.pdf

https://opinions.alabamaag.gov/Documents/opin/2008-004.pdf

From: Huntsville Clerk-Treasurer

You will need to address this directly to HH. COH does not directly administer HH. They have their own governing board of directors, etc.

From: Dana

The governing board is appointed by the City of Huntsville. The board owns and governs Huntsville Hospital. I am requesting the information directly from the City of Huntsville because Huntsville Hospital has refused to comply. The City of Huntsville has the authority through the City of Huntsville Health Care Authority Board to answer my request for information related to the Alabama Open Records Act. Thank you for your time and help in this matter.

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