After months of email exchanges requesting access to public records, the City of Montgomery is demanding $6,000 from 1819 News for an open records request regarding Mayor Steven Reed and his staff's travel and spending.
In July, 1819 News requested relevant information from the City, including the mayor’s calendar and out-of-town travel and spending. The City denied the request, stating the reasons given by 1819 News to access the records did “not meet the requirement to establish you have a direct legitimate interest in the documents sought,” even though the law strongly favors the right of the public to have access to these records, without the need to provide such justifications.
The state’s public records laws are clear under the Open Records Act of 1975. AL. Code 36-12-40 states, "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.”
Alabama law does not require a citizen of Alabama to justify accessing public records. Therefore, any requirements from a City employee are, by definition, arbitrary. After several back-and-forth emails, the City's record manager said the legal team advised him of case law he believed to be relevant.
The case referenced was Blankenship V. Hoover. In that case, the plaintiffs rejected outright to fill out any reason for requesting records from the Hoover financial director. The plaintiffs were also requesting access to City employees’ W-2s. Notably, the plaintiffs in the Hoover case were not members of the press.
The Alabama Supreme Court ruled in favor of Hoover since there was no “evidence to show that the request form allowed the finance director the power to hinder access or refuse disclosure based on perceived necessity or established office policy. However, the courts also established that a government entity has the burden of proving that an individual has no legitimate interest in obtaining documents.
Despite the City’s spurious request for clarification, 1819 News re-filed its request in good faith, this time giving the reasons enumerated by the courts. This allows public entities to require a simple statement saying the records are sought to understand how public money is being used.
However, the city denied the second request, this time citing an 1882 ruling, nearly a century before the passing of the Alabama Open Records Act. After further clarification, the City partially relented, still refusing to grant access to copies of any expenditures Reed made in the course of his official travel and previous events Reed attended in his official capacity.
Once again, to avoid litigation, 1819 News submitted yet another records request, this time removing the item contested by the City.
Reed has been in the public eye more than usual in recent months. The recent surge in violent crime led Reed to petition the city council for $6 million in annual funding for a community violence intervention initiative from an organization called “Live Free.” However, the Live Free website lists Montgomery as having already implemented the proposed program.
During several dramatic City events, including a mass shooting that injured 13, Reed wasn’t even in the state. Those critical of his leadership and these prolonged trips have noted Reed's absences from the City. Most recently, Reed went on some national television programs, defending current President Joe Biden and shilling for Vice President Kamala Harris as the presumptive Democratic presidential nominee.
Reed’s out-of-state travel is a mystery. The City declined to share any planned out-of-town engagements or an official calendar, claiming the mayor didn’t keep an official calendar.
“The Mayor does not maintain an official calendar created for the use by the City of Montgomery,” the city’s record retention manager said in an email. “The Mayor’s calendar is created for his personal convenience and the convenience of his employees, not for an official city purpose. The primary purpose of his calendar is to organize both his personal and business appointments. This calendar is not shared outside his office and does not constitute a public record under the Alabama Open Records Act. Moreover, sharing his calendar could create a safety risk by demonstrating certain patterns of travel, as well as the security procedures used to protect the Mayor.”
Reed’s travel does not exclusively involve his official capacity as mayor. For a small fee of $10-20,000, you can book Reed for speaking engagements, according to a talent booking agency called All American Entertainment (AAE).
Where is the line between City-funded travel and personal engagements for which he is paid through a talent agency? Are state funds being used to facilitate these personal trips? Has the City entered into an agreement with Live Free without City approval? Is Reed being compensated for his role in touring to prop up a presidential candidate? Those are some of the questions 1819 News sought by filing multiple records requests with the City. Each time, the requests were denied.
In the latest records request, 1819 sought receipts from the City’s travel budget used by Reed and his Chief of Staff Chip Hill. The requests also sought receipts from any credit cards maintained by Reed and Hill, any itineraries, travel receipts, schedules, or any other official documents detailing out-of-state trips made by Reed, as well as any agreements Reed made with an out-of-state entity, business, political campaign, or organization in his official capacity. It also sought clarification on the City’s payments to Live Free. All the records spanned from 2019 to the date the request was filed.
The City finally agreed to fill out the third request, this time requesting $6,000, with 50% upfront before compiling the records, hanging the price tag on manpower, and printing documents. The City’s website says it charges $1.50 per page for copies without giving a price tag for manpower costs.
State law does allow a records officer to collect “reasonable fees” for producing public records. However, in an executive order last year, Gov. Kay Ivey capped copy fees at $0.50 per page and placed manpower costs at a maximum of $20 per hour. Ivey’s executive order only applied to state offices under the executive branch. However, the contrast is notable.
To connect with the author of this story or to comment, email craig.monger@1819news.com.
Don't miss out! Subscribe to our newsletter and get our top stories every weekday morning.
