Gov. Kay Ivey issued an executive order today that she said would improve access to public records maintained by state agencies.

For years, Alabama’s law requiring access to public records has come under fire for weakness that allows agencies to stall and essentially ignore requests for documents that should be available to the public. A 2019 study by a researcher at the University of Arizona ranked Alabama last among states in responsiveness to requests for records. The Legislature has not come close to passing bills that would strengthen the law.

In a press release, Ivey, who started a new term last week, said the policy is part of her commitment to strengthen public confidence in state government.

“Access to public records is essential to guaranteeing transparency in government, and I am proud to sign this executive order that improves this process as a whole,” the governor said.

Read the order.

The order requires all executive branch agencies to post a public records page on their websites that includes a records request form. It requires agencies to designate a public records coordinator to help people with requests.

The order requires agencies to acknowledge receipt of a request within two business days. The order sets deadlines for when agencies must provide substantive responses depending on the nature of requests.

Standard requests are those seeking one or more clearly identified documents that the agency determines would take less than eight hours of staff time to process. Agencies must give substantive responses within 15 business days, subject to the receipt of any required payment for the records. The agency can extend the deadline by 15 business days with written notification.

Time intensive requests are those that the agency determines would take more than eight hours of staff time. That could be because the request is vague or overly broad or because it will take substantial efforts find the documents or redact legally protected information. Those requesting documents will have a chance to clarify and narrow their requests. Subject to the receipt of any required payment, the agency must provide a substantive response fulfilling or denying the request within 45 business days. The agency can extend that time by 45 business days with written notice.

The order establishes a schedule for fees. Agencies It says agencies cannot charge a per-page fee for records provided electronically.

Agencies can charge up to $20 per hour, including a standard, minimum fee of $20, for the time spent locating, retrieving, and preparing records for production. Agencies cannot charge for legal review of documents or redaction necessary to withhold legally protected information.

Agencies can charge up to 50 cents per page for copies on standard 8.5×11 paper. That does not apply to electronic documents.

Agencies can charge any actual costs incurred in processing public records requests, such as for a flash drive or other hardware necessary for electronically producing records, or for special paper sizes and for costs associated with searching electronic databases.

Alabama Press Association Executive Director Felicia Mason said the new policy will be a major improvement. For years, the APA has lobbied for a stronger public records law, but bills to strengthen the law have stalled.

“We certainly hope that this becomes the gold standard because it is much improved,” Mason said. “And the definitions offered here will certainly help with access. It gives a set time to respond for either a standard or a time-intensive request. It’s very explicit of what you do, how you do it. The reasonable fees are somewhat defined.

“We certainly commend the governor’s office for this. And I think it will help our newspapers and the public in getting records from the state agencies.”

Mason said the APA was not involved with the governor’s office in developing the order.

Sen. Arthur Orr, R-Decatur, who has sponsored bills to strengthen the public records law, said the governor’s order would help but that legislation is still needed.

Orr said he is working with the APA and the League of Women Voters of Alabama on developing a bill for this year’s legislative session, which begins in March. Orr said the bill is needed partly because the governor’s order does not apply to local government entities, such as city and town councils, county commissions, and local boards of education.

“I applaud Gov. Ivey’s executive order as far as it affects state government and appreciate her taking the lead on this issue,” Orr said. “However, there is still much work to be done when it comes to city and county public records. We are in the process of drafting a bill for the 2023 session and this will impact the bill as far as state government goes. But again, we have to bring cities and counties into the 21st century with public access to their records.”

Orr said one weak spot in the current law is that it does not give a specific time by which agencies must provide documents or formally deny a request for documents. That means document-seekers can encounter repeated delays without a firm denial.

“One of the problems that we’ve had in the past is that when a citizen requested records, many times the governmental entity will just take no action,” Orr said. “Weeks slide into months and it’s difficult for an individual desiring public documents to go into court, when the defendant, which would be the governmental body, says ’We’ve not denied that request.’ But their delay is tantamount to denial. And that’s one of the issues that we wanted to nail down in legislation.”

Ivey’s order says state agencies must comply with the new requirements or begin to make formal rule changes necessary by April 26, 2023.