Crime Free Training Program: Huntsville Police Department

André Natta filed this request on behalf of Jenny Wadhwa with the Huntsville Police Department of Huntsville, AL.
Status
Rejected

From: Jenny Wadhwa

Hello,
Pursuant to the Freedom of Information Act, I hereby request the following documents regarding your Crime Free Training Program:
A copy of any and all training materials used in the past year (4/1/2023-4/1/2024)
This information will not be used for commercial purposes and I look forward to hearing from you.
Kindly
Jenny Wadhwa

From: Huntsville Police Department

Good Morning,

I am going to let Mrs. Schrimsher’s office reply to your email. You may want to send your request differently though. We do not typically click on outside links. We have submitted to intense IT training on outside links.

Thank you,

Donna Sharp
Police Admin Aide
Police
City of Huntsville
(256) 427-7053 (w)
donna.sharp@huntsvilleal.gov<mailto:donna.sharp@huntsvilleal.gov>
www.huntsvilleal.gov<http://www.huntsvilleal.gov/>

From: Jenny Wadhwa

Hello,
Thank you for that information. If it is easier, I can email Mrs. Schrimsher’s office directly. Do you have a good email to reach her?

Kindly,
Jenny

From: Huntsville Police Department

We have received your request for records under the Alabama Open Records Law § 36-12-40 et seq.

The FOIA (Freedom of Information Act) as a matter of clarification is a federal provision that is primarily concerned with the several federal agencies and making certain information is public and available, but that act does not have applicability to state and local entities. Section 36-12-40, commonly referred to as the Alabama Open Records Law, states that “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.” It is therefore axiomatic that an Alabama statute that references the rights of a citizen denotes the rights of a person who is a resident of this state.
The Alabama Supreme Court has limited the import of section 36-12-40 to Alabama citizens. See State ex rel Kernells v. Ezell, 291 Ala. 440. (Ala.1973). Also, in Stone v. Consol. Publ’g Co., 404 So. 2d 678, 681 (1981) which states that public writings of the state are records that record the activities of public officers so that the status or condition of …activities can be known by our citizens. The United States Supreme Court in McBurney v. Young, 133 S. Ct. 1709, 1714 (2013) ruled that a state’s public records law limited access to public records to only the citizens of that state. Therefore, Alabama Attorney General Opinion 2018-030 has concluded that generally, access to public records is limited to requests by Alabama citizens only.
Accordingly, we are unable to fulfill your request.
Sincerely,
EDWARD E. BLAIR
Assistant City Attorney
City of Huntsville
P.O. Box 308
Huntsville, AL 35804
eddie.blair@huntsvilleal.gov<mailto:eddie.blair@huntsvilleal.gov>
President, Alabama Association of Municipal Attorneys (AAMA)