Alaska

State Public Records Law

Alaska Statutes

Alaska Statutes § 40. 25.100 – Public Records Disclosures
Alaska Statutes § 40. 21 – Management and Preservation of Public Records

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

Access Rights

  • 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.

State Whistleblower Score

Rank: 38/51 States & DC

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).

Read the full assessment here»

Alaska News

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False Accusations Imperil Work of FWS Employees

Arctic Refuge Drilling Scientific Concerns Suppressed

Memos Outlining Major Environmental and Public Health Information Gaps Buried

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Oil and Oil Sands Pay No Federal Taxes Despite Potentially Huge Cleanup Costs

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Wish List to Axe Conservation, Wilderness, and Endangered Species Protections

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Assault Rifle Slaughter of Wolves Outside Denali

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Alaska Pares Its Predator Control Program

State Agrees to National Academy Review of Scientific Merits as Opposition Mounts

Forest Service Wants to Pay More in Money-Losing Timber Sale

Alaska Region Urges Off-the-Books Cash to Logger to Sweeten Tongass Contract

Forest Service Scalped on Tongass Timber Sales

Bad Sales Cost Taxpayers & Alaska Schools Big Money and Hurt the Forest

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Alaska Game Agents Decimate National Park Wolf Packs

Air-Hunts and “Judas Wolf” Tactics Wipe out Natural Sustainable Wolf Populations

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Federal Judge “Dismayed” over Slow Pace of Promised Preliminary Work

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Failed Politicized Anti-Federal Challenges Argue for Independent Attorney General

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IG Repeatedly Tried to Criminally Prosecute Arctic Scientist

After Charges Discredited, Drowned Polar Bear Case Reopened Without Explanation

Call to Open up Emergency Shell Arctic Review

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Kafkaesque IG Polar Bear Report at Odds With Facts

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IG Refuses to Identify Criminal Charge Rejected by Justice Department

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Joint Study with Canadian Researchers Halted in Inspector General Probe

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Key Studies Disrupted as Supervising Federal Scientist Suspended from Duties

NOAA Keeps Gag Rule on University Marine Scientists

Rejects Petition to Lift Ban against “Advocacy” by Sea Grant Recipients

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Exxon Valdez Damages Remain Unsettled After 21 Years

Inability to Document Natural Resource Damages May Bedevil BP Spill Payments

Interior Cooking Books on Alaska Offshore Eco-Analyses

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International Scientists Condemn Purge of Professor

Scientific Commission Decries Oil Industry Influence at University of Alaska

NOAA Petitioned to Remove Gag on Sea Grant Researchers

University of Alaska Scientist Stripped of Grant for Speaking About Pro-Oil Bias

Professor Stripped of NOAA Funding for Advocacy

University of Alaska President Upholds Grant Removal and Office Eviction

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EPA RELAXES AIR POLLUTION RULES FOR NORTH SLOPE OIL OPERATIONS

Leavitt Asked to Intervene on BP Permit

ALASKA AIR PROGRAM FLUNKS FEDERAL TESTS

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EPA RIPS BP PERMIT

Feds Echo Concerns of Censored ADEC Employee

ADEC EMPLOYEE DISCIPLINED FOR PROTESTING BP PERMIT

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NORTH SLOPE REGULATOR RESIGNS

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INDUSTRY RUNS ENVIRONMENTAL AGENCY, EMPLOYEES SAY

Employee Survey Gives Alaska DEC Poor Marks

INTERIOR SECRETARY BLASTED FOR MISLEADING CONGRESS

Groups call for Senate Investigations

SECRETARY NORTON FALSIFIED ARCTIC REFUGE DATA

Misled Congress on Environmental Effects of ANWR Drilling
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