Editor’s Note: This is the second in a two-part series. We expect other stories on open government and public records to follow in the weeks and months ahead.

FAIRHOPE, Ala. — In 1915, Alabama enacted one of the first open records laws in the country.

That basic law of open government remains short and to the point: “Every citizen has a right to inspect and take a copy of any public writing of this state, except as otherwise provided by statute.”

Fairhope’s public records policy, on the other hand, has erected barriers to citizen access to government, one local public interest group said.

But it is pleased the policy is being changed, Ed Lawrence, secretary and founding member of Citizens for Responsible Government, said.

“I’m really glad to hear these changes are being made,” Lawrence said. “This is a move in the right direction.”

The written public records policy of the city is found on its Web site under the section on “ordinances and forms.”

“For reproduction of records, the city will assess a per page charge as authorized by laws for reproduction costs (currently, 0.25 per page) and will charge a sum equal to an employee’s total salary allowance per hour times the actual number of hours engaged in  research and reproduction,” one part of the written policy currently reads. “The person requesting the information shall pay the total estimated amounts in advance.”

Recent media accounts of expensive copying costs for videotapes and access to records at the Fairhope Police Department, are echoed by the experience of one local nonprofit group that sought records from the City Clerk’s office.

“A little more than a year ago, there was an issue where we needed some records from the city,” said Lawrence. “The bill was about $111 to get those (records). For a small group, that’s a lot.”

The person who obtained the records for the group said he finally got them, but he thought the process was intended to obstruct access to them.

“I think they charged me $25 an hour just for copying the documents off a copier,” said Phil Brady, the group’s treasurer. “That’s excessive. The purpose of the present administration regarding this policy has been to prevent citizens from having access to that information about city government.”

That policy has undergone revision in the past few weeks, local officials said this week. But the changes are not yet in writing, or on the city’s Web site.

“I changed the policy a while back regarding the charge for public records,” Mayor Tim Kant said Wednesday. “I researched our records and found that last fiscal year, the city’s total charges for copies of documents and tapes was slightly over $5,000.”

The city could absorb that cost unless it started getting out of hand, he said.

“Per Mayor Kant, the policy was changed by him during the latter part of February 2008,” City Clerk Geniece Johnson said Thursday. “There will be no charges for materials copied for information requests up to the first 25 pages. After the first 25 pages, there will be a 25 cents per page charge…With regards to all information requests…no employee’s time will be charged for research, until changed by the City Council.”

The change was made verbally by the mayor, the clerk’s office said.

“The current written policy will be changed in the near future,” Assistant City Clerk Lisa Hanks said Friday. “Now, the new policy will be used for requested materials and/or documents.”

The new policy also provides for new copying costs and procedures at the police department, according to the clerk’s office.

“With regards to the police department, there will be no charge for materials copied for information requests, subpoenas, discoveries, etc. up to the first 25 pages,” Johnson said. “After the first 25 pages, there will be a $.25 per page charge. Also with regards to the Police Department, if an attorney provides the City with a tape or any other necessary recording media, the City will copy the information requested at no charge. However, if the City has to use their own tape or recording media, the person will be charged the actual cost only for the media.”

As of Friday morning, the police department was not aware of the policy changes, its spokesperson said.

In response to a request for copying costs and procedures at the department, Sgt. Craig Sawyer said Friday that Chief Mike Comalander told him that videotapes cost $25 per copy. Sawyer added that costs for documents cost 25 cents per page.

“If that’s the policy, then the department is going to follow it,” Sawyer said when he heard the new policy as described by Johnson in her Thursday e-mail to the Fairhope Courier.

Nor had another leading city council heard about the specific policy changes.

“No, I did not know that he had done it,” City Council President Bob Gentle said Thursday. “I knew there was something going on. Understand I haven’t spoken to anyone about this yet, but I think the council is probably going to look at it right away.”

And the city attorney said that he had not yet been asked to draft a written policy for public records. He also said that although he had not researched the issue, he did have some general observations about the process.

“I think the policy can be set by the mayor,” Marion “Tut” Wynne said. “It would be helpful, but not necessary, if it was approved by the council. I do not think it has to be by ordinance. A resolution that sets out the policy could be passed, but, again, I don’t think that is necessary. The language on the request form should be consistent with the actual policy.”

Some observers applauded the change.

“Your city is catching on to the fact that citizens really do care about how cities are governed,” said Lucy Daglish, executive director of the Reporters Committee for Freedom of the Press in Arlington, Va. “This will make it much easier for citizens to participate in local government.”

Relevant law

Alabama Code Section 36-12-40

Every citizen has a right to inspect and take a copy of any public writing of this state, except as otherwise provided by statute.

Alabama Code Section 36-25A-3(c)

Posted notice pursuant to this section shall include the time, date, and place of meeting. If a preliminary agenda is created, it shall be posted as soon as practicable in the same location or manner as the notice given pursuant to this section. A governmental body may discuss at a meeting additional matters not included in the preliminary agenda. If a preliminary agenda is not available, the posted notice shall include a general description of the nature and purpose of the meeting.