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Attorney general: building inspector investigative files exempt from Alabama Open Records Act, city attorney tells Athens council
Summary
City Attorney Burke told the City Council on March 24 that the Alabama attorney general concluded building inspector files created during investigations into possible ordinance or code violations are not public records under the state's Open Records Act. A public commenter disputed that reading during the meeting.
City Attorney Burke told the Athens City Council on March 24 that the Alabama attorney general has concluded that building inspectors' files created during investigations into potential ordinance or building-code violations are not subject to disclosure under the state's Open Records Act.
The attorney general "confirmed that the city handled it correctly," Burke said, adding that the AG's analysis treats a building inspector's investigative materials the same as a law-enforcement investigative report and therefore exempt from disclosure. "A building inspector's files related to an investigation into whether a structure violates city ordinances or city building codes is not subject to disclosure under the Open Records Act," Burke said.
The council had requested the opinion after the city declined open-records requests late last year for building inspection reports and investigative materials generated in response to complaints. Burke said the AG opinion rests on a statute that excludes law-enforcement investigative reports and related materials from disclosure and that the opinion applies statewide.
At the meeting a member of the public identified as Miss Schulte of West Washington Street disputed that reading. "That is not at all how I read it. It says seven different times ... They should be open, unless there's an active criminal investigation," she said.
Burke responded that investigative materials created after a complaint is made to a building inspector, code-enforcement officer or police officer are treated as investigative records because ordinance violations can lead to city-court proceedings. He also said records created as part of a formal city action — for example, a council determination that a structure is unsafe or a lien placed on a property — are public records and would be available.
Burke told the council the AG opinion is publicly available on the attorney general's website and that a second request to the AG, regarding a related city–county building-inspection question, remains pending.
The council did not take formal action on the open-records opinion at the March 24 meeting. The topic arose during remarks and public comment before the council's consent and regular-calendar votes later in the meeting.
