Decatur, Ala. – The city’s legal counsel, Assistant City Attorney Wayne “Chip” Alexander, continues to push back against a public‑records request filed by WAFF’s investigative unit, 48 Investigates. The request seeks every email sent to or from Police Chief Torry Mack that contains the word “flock” during a five‑month period.
Request and initial denial
Under Alabama’s open‑records statutes, emails from public officials that discuss public business are generally considered public documents. 48 Investigates initially submitted the request in October, but the city denied it, labeling the request “insufficiently reasoned.” Alabama law does not require a requester to provide a reason, so the investigative team resubmitted the request.
City’s legal justification
In a written response, Alexander outlined several statutory exemptions that the city believes apply:
- Records related to ongoing criminal investigations or proceedings.
- Records tied to ongoing disciplinary actions or proceedings.
- Details concerning law‑enforcement capabilities and investigative tools.
- The sheer volume of emails, which he says would make a search “cost‑prohibitive” without a dedicated command‑staff member.
Alexander emphasized that the city’s refusal is not based on the request’s breadth but on the protected nature of the material and the practical burden of a comprehensive search.
48 Investigates’ counter‑argument
48 Investigates contends that Alabama law does not require a reason for a records request and that the request does not seek documents related to any ongoing investigation or disciplinary matter. The investigative team points out that a simple keyword search for “flock” should quickly isolate the relevant emails, making the city’s cost‑prohibitive claim questionable.
Furthermore, the request was prompted by a recent incident in which an officer was placed on leave after allegations of misuse of the city’s “Flock” camera system. State officials are currently examining those claims, but 48 Investigates maintains that the email records themselves are not part of any active investigation.
Potential resolution
48 Investigates has indicated a willingness to accept redacted copies of the emails if the city provides them. The investigative unit hopes that a compromise can be reached without further legal escalation.
Context for local readers
For Decatur residents, the dispute highlights the balance between transparency and legitimate law‑enforcement exemptions. While open‑records laws are designed to keep the public informed about government actions, they also protect sensitive information that could jeopardize investigations or compromise officer safety.
The city’s stance reflects a broader trend of municipalities navigating the fine line between openness and operational security. As the case proceeds, Decatur citizens can expect updates from both the city attorney’s office and 48 Investigates.
What’s next?
If the parties cannot reach an agreement, the matter may move to the Alabama Open Records Commission or the courts for a final determination on whether the exemptions apply.
Original reporting: WAFF 48 Huntsville (news) — read the source article.
