CaLHouN & FAULK, L.L.C.
Troy, ALABAMA 36081
July 13, 2020
Mr. Daniel Tait
1305 Hearthwood Circle SE
Huntsville, AL 35803
Re: Publi Records Request-City of Troy
Dear Mr. Tait:
Tam the City Attomey for the City of Troy. Your Public Records Request to the City of Troy
has been referred to me.
I apologize for the delay in my response to your Public Records Request. Both my wife and
are in our 70's (late 70's for me), and we are attempting to be as cautious as possible under the
current circumstances. I am working at home exclusively as much as I possibly can, which is
presenting challenges, including delays, that I have not experienced before in my professional career.
In your Request for Access to Public Records, you request that the City of Troy conduct a
“search” of “All electronic records...” pertaining to the records you seek in your Public Records
Request. You further state that the “search” to be conducted by the City of Troy of “All electronic
records...” pertaining to the records sought by you is to cover a time period of approximately a year.
You further state in your Request for Access to Public Records that the Purpose of your
Request is “Research.”
‘The leading case regarding the State of Alabama Open Records Law is Stone v. Consolidated
Publishing Company, 404 So. 2d 678 (Alabama Supreme Court). In this case, the Supreme Court
of Alabama held that the public’s interest in disclosure of public writings is not absolute; that this
interest of the public must be balanced against the interest of the public “in having the business of
government carried on efficiently and without undue interference.” The guidance provided by the
ruling of the Alabama Supreme Court in the Stone case is instructive with respect to your Records
Request. The citizens/taxpayers of the City of Troy clearly have a justifiably strong interest in having
the business of their city government carried on efficiently and without undue interference
Compliance with your unduly burdensome Records Request, which is being made for the purpose
of “Research” and which covers a time period of nearly a year, will be disruptive to the efficient
‘operation of the business of the Troy City government and will unduly interfere with the efficient
operation of that government. Compliance with your Records Request will unduly interfere with andhinder the efficient discharge of the duties of employees and officers of the City of Troy.
‘Additionally, there is no obligation under the Alabama Open Records Law requiring that a
‘municipality conduct a “search” for records for the requesting party, nor is there an obligation
requiring a municipality to gather and assemble records for a requesting party, not is there an
obligation requiring a municipality to transmit gathered and/or assembled records to a requesting
party.
Moreover, under the Alabama Open Records Law, there is no obligation or requirement that
a municipality furnish public records to a requesting party in any type of format specified by the
requesting party, including electronically.
Accordingly, your Public Records Request seeks to impose upon the City of Troy obligations
and burdens greater than and/or different from those imposed by Alabama law.
For the reasons stated above, please be advised that the City of Troy respectfully denies your
Open Records Request.
Sincerely,
Richard F. Calhoun
City Attomey, City of Troy
REC/hb