State Public Records Law
Read the full text
Exemptions to Disclosure
§ 40. 25.120 exempts:
- Records compiled for law enforcement purposes, to the extent could interfere with law enforcement proceedings
- Records that are proprietary, privileged or trade secrets
- Records subject to deliberative process privilege not automatically exempt, but defeat Public Records Act’s usual presumption of disclosure (burden shifts to requestor of the records) [Fuller v. City of Homer, 75 P.3d 1059 (2003), 113 P.3d 659 on subsequent appeal]
- Terms of confidential agreements w/ the natural gas industry [2014 Alaska Laws Ch. 14 (S.B. 138)]
- Information that is subject to a confidentiality agreement
- Exceptions to the disclosure requirements of this section are construed narrowly in furtherance of the legislature’s expressed bias in favor of broad public access. Municipality of Anchorage v. Anchorage Daily News, 794 P.2d 584 (Alaska 1990).
- Government bears the burden of justifying the denial of access. Id.
- A government agency is not entitled to delay access. Id
- Every person
- Time sheets are not exempt [Alaska Wildlife Alliance v. Rue, 948 P.2d 976 (1997)]
- Inspection during regular office hours·“Reasonable fees” for copies – can be increased as needed to cover expenses
- Any electronic info in printed form must come with an explanation of any codes/symbols
- Apply to records maintained by municipalities
- If court finds record to be subject to deliberative process privilege, burden shifts to requestor to show public’s interest in disclosure outweighs government’s interest in confidentiality. [Fuller v. City of Homer, 75 P.3d 1059 (2003), 113 P.3d 659 on subsequent appeal]
Destruction of Public Records
- § 40.21.080 – Records to be disposed must be routine with no legal, historical, or administrative value. Prior to disposal, must obtain approval of governing body of political subdivision, and file list of all records disposed of.
Alaska has a relatively weak whistleblower law with moderately broad coverage (19 out of 33 possible points), limited usability (17 out of 33) and weak remedies (14 out of 33).
PEERMail | A Gaping Climate Blind Spot
PEER is requesting intervention to jump-start the long-overdue environmental review of the Trans-Alaska Pipeline System.
Trans-Alaska Pipeline: Gaping Climate Blind Spot
No Federal Assessments of Climate Change Impacts Upon or From Pipeline
Call to End Federal Subsidies for Wildlife Slaughter
Alaska aerial hunting of bears and wolves sparks protest
Do Bears Get Shot in the Woods?
Alaska Won’t Release Photos of Aerial Slaughter of Nearly 100 Brown Bears
NOAA Ducks Responsibility in Alaska King Crab Collapse
Overfishing Driven by Inflated Population Estimates Doomed Red King Crab
Letter to NOAA Administrator – Bristol Bay Red King Crabs – 06-20-2023 (PDF)
DESCRIPTION: Letter to Dr. Rick Spinrad, NOAA Administrator, to address the systemic failures leading to the ...
Feds Subsidizing Slaughter of Wild Predators
Alaska Agents in Helicopters Shoot 100 Bears to Bolster Game Population
Alaska Misuses Federal Wildlife Aid on Killing Predators
Penalize Alaska for Diverting Conservation Dollars to Intensive Management
NOAA Passes the Buck on Alaska Crab Fishery Collapses
Denies Blame for Wildly Inflated Population Estimates Causing Overfishing
Foreign Research Vessels Free to Wreak Eco-Havoc
No Notice, Permits, or Monitoring; Mass Beaching of Rare Whales Probed
End Federal Subsidies for States’ War on Wolves
Move to Disqualify States from Federal Aid for Excessive Predator Removal
Alaska Red King Crab Dethroned by Scientific Fraud
For 40 Years NOAA Inflated Population and Masked Disastrous Overfishing
Letter to NOAA Section 515 Officer – Bristol Bay Red King Crabs – 04-26-2021 (PDF)
DESCRIPTION: Letter to NOAA Section 515 Officer regarding the complaint about information quality on Bristol Bay ...
Arctic Refuge Becoming Oil & Gas White Elephant
Desperate Last-Minute Government Maneuvers Denote Industry Disinterest
Forest Service Tongass Timber Audit Remains Hidden
Lawsuit Seeks Overdue Audit as Forest Service Preps Big Timber Expansion
Don’t Disney-fy Denali
Big Recreational Development for Wonder Lake Would Pave Paradise
Chances of Seeing Denali Wolves in the Wild Now Remote
1% Viewing Success Record Low After State Eliminated No-Hunt Buffers
Wheels Coming Off Trump Arctic Refuge Drive
Haste to Roll Out Leasing Approvals Proves to be Their Undoing
Alaska Governor Makes Baseless Allegations
False Accusations Imperil Work of FWS Employees
Arctic Refuge Drilling Scientific Concerns Suppressed
Memos Outlining Major Environmental and Public Health Information Gaps Buried