Open Records Request: Alabama Power Agreements

André Natta filed this request on behalf of e with the Birmingham Police Department of Birmingham, AL.
Status
Rejected

Communications

From: e

To Whom It May Concern:

On September 25, 2018, it was reported that, "a new agreement between the City of Birmingham and Alabama Power Co. that will allow for the installation of nearly 100 surveillance cameras at undisclosed points throughout the city." Further, "[t]he project was developed jointly by Mayor Randall Woodfin’s office, the city council’s public safety committee and Alabama Power." https://birminghamwatch.org/eyes-sky-birmingham-partners-alabama-power-jeffco-sheriffs-office-new-surveillance-program/

On November 21, 2023, it was reported that, "Alabama Power is agreeing to upgrade the 95 cameras currently in use with the latest technology as well as install more cameras in crime hotspots. Mitchell said that the new agreement would require a new 60-month contract, increasing the cost from $59,000 per month to $80,000 per month." https://www.wbrc.com/2023/11/22/real-time-crime-center-could-be-expanding/

Pursuant to the Alabama Open Records Law, I hereby request the following records:

A copy of all agreements, including but not limited to contracts, MOUs, and data sharing agreements, made with Alabama Power for the surveillance camera program that were active between the periods of 1/1/2018 and 3/1/2024.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 business days.

Sincerely,

André Natta, a citizen of Alabama, in coordination with e.

From: Birmingham Police Department

Dear Mr. Natta,

Your requests from March 5, 2024 and April 2, 2024 have been received. Please see the City's Public Records Request Policy which you acknowledged reviewing when you submitted your request. You specifically asked for the following, as listed below:

*
A copy of all agreements, including but not limited to contracts, MOUs, and data sharing agreements, made with Alabama Power for the surveillance camera program that were active between the periods of 1/1/2018 and 3/1/2024.

Your request references more than one type of record over a 6-year timeframe and does not comply with the City's Public Records Request Policy. When completing the Public Records Request Forms you should use a separate form for each type of record requested.

Specificity in the description of the record sought is necessary for the custodian of records to locate the correct record that is being requested, so please include a more detailed record description in your request for the records that you referenced. Researching and locating multiple records may entail substantial time and resources. A custodian of public records may recoup reasonable costs incurred in locating and providing documents to a citizen including, where necessary, costs for retrieving and preparing the records.

Again, bulk, vague, or multi-layered requests are not acceptable. Only one request is allowed per form.

In relation to information on cameras, please see the following:

The records requested are records concerning security measures or systems, and/or are records relating to, or having an impact upon, the security or safety of persons, structures, facilities, or other infrastructures the public disclosure of which could reasonably be expected to be detrimental to the public safety or welfare, and/or are records the disclosure of which would otherwise be detrimental to the best interests of the public. Records related to the ShotSpotter System are statutorily exempted from the requirements of §36-12-40, Code of Alabama 1975.
Section 36-12-40
Rights of citizens to inspect and copy public writings; exceptions.
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. Provided however, registration and circulation records and information concerning the use of the public, public school or college and university libraries of this state shall be exempted from this section. Provided further, any parent of a minor child shall have the right to inspect the registration and circulation records of any school or public library that pertain to his or her child. Notwithstanding the foregoing, records concerning security plans, procedures, assessments, measures, or systems, and any other records relating to, or having an impact upon, the security or safety of persons, structures, facilities, or other infrastructures, including without limitation information concerning critical infrastructure (as defined at 42 U.S.C. §5195c(e) as amended) and critical energy infrastructure information (as defined at 18 C.F.R. §388.113(c)(1) as amended) the public disclosure of which could reasonably be expected to be detrimental to the public safety or welfare, and records the disclosure of which would otherwise be detrimental to the best interests of the public shall be exempted from this section. Any public officer who receives a request for records that may appear to relate to critical infrastructure or critical energy infrastructure information, shall notify the owner of such infrastructure in writing of the request and provide the owner an opportunity to comment on the request and on the threats to public safety or welfare that could reasonably be expected from public disclosure on the records.
(Code 1923, §2695; Code 1940, T. 41, §145; Acts 1983, No. 83-565, p. 866, §3; Act 2004-487, p. 906, §1.)
Accordingly, your Public Records Request is denied. If further details are desired, please do not hesitate to reach us by email or give us a call and someone will be happy to assist you.

Sincerely,

The Public Information Requests Team

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