Emily Featherston
The Vestavia Hills City Council approved a public records policy at the May 22 meeting.
The policy puts in writing the rights of Alabama citizens to request public records under the state’s Open Records Act, including how public writings or records have been defined in previous court decisions, the process by which records can be requested and exceptions.
The council voted to amend the last exception noted in the ordinance, which includes “any digital data produced by the Vestavia Hills Police Department, including, but not limited to any video or audio recording produced from a police department vehicle, body-worn camera, audio recorder or building-based recording depicting the police department, jail or City Hall or grounds.”
The Alabama Supreme Court ruled in 2021 that police department footage is protected from disclosure, allowing departments to choose when to release the information. Chief Justice Tom Parker said in a dissenting opinion that the decision turned the Open Records Act to the “Closed Records Act.”
Vestavia Hills Police Chief Dan Rary said if someone has a “recognizable interest” in the case, that person can obtain a subpoena requiring the department to turn over the footage. As such, the council voted unanimously to amend the exception to include a line that reads, “unless otherwise required by law.”
Rary said creating the policy helps the department, as some people will request in-car camera footage — the department does not have body-worn cameras — simply because they see an officer driving in their neighborhood or passing them on the highway.
Those wishing to request records from the city must submit a request form to City Clerk Rebecca Leavings, who will review the request to determine if the request is “complete and specific,” and will then determine the amount of time needed to provide the records as well as the cost of production. The clerk’s office will then notify the requester of the estimated cost and time for production, or if the request has been denied, either due to the information requested being exempt from disclosure or the information being unable to be produced.
The full text of the city’s ordinance can be found here.
A bill currently being debated in Montgomery would set a time limit of 20 days for the custodian of records to acknowledge receipt of a records request. Ten days after the request is acknowledged, the custodian of records would have to respond by either setting a date by which the records would be given, denying the request partially or fully, or by directing the person who requested the records to the proper custodian of that record. That bill has passed the state Senate and is in the Ethics and Campaign Finance Committee in the state House.
In his report to the council, Downes said work on Crosshaven Drive is finishing up, with final striping taking place in late May. Jefferson County has agreed to extend a missing piece of the sidewalk network along Green Valley Road between Crosshaven Drive and just beyond Wall Street, Downes said.
Downes also told the council the city has issued a notice to proceed to the paving contractor, who will pave the next set of streets beginning in June.
In other business, the council:
- Rezoned 3118 Pine Tree Drive from low-density residential to conditional business district for the expansion of The Pawms Pet Resort
- Extended an existing video services agreement with Direct TV
- Authorized Downes to spend about $28,500 to design and construct an exhibit honoring longtime state Sen. Jabo Waggoner. The project should be completed within three months, Downes said.
- Established an easement for electrical service for the tennis courts at Wald Park
- Approved a liquor license for The Standard
- Authorized Jefferson and Shelby counties to collect taxes in city limits
- Moved the June 12 City Council meeting to June 5
