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Section 36-12-1
Section 36-12-1 Public officer or servant defined.
A public officer or servant, as used in this article, is intended to and shall include, in addition to the ordinary public offices, departments, commissions, bureaus and boards of the state and the public officers and servants of counties and municipalities, all persons whatsoever occupying positions in state institutions.
(Acts 1915, No. 237, p. 287, § 7; Code 1923, §2694; Code 1940, T. 41, §144.)
Section 36-12-2
Section 36-12-2 Public officers and servants to accurately maintain and preserve from loss, destruction, etc., complete books, papers, files, etc.
All public officers and servants shall correctly make and accurately keep in and for their respective offices or places of business all such books or sets of books, documents, files, papers, letters and copies of letters as at all times shall afford full and detailed information in reference to the activities or business required to be done or carried on by such officer or servant and from which the actual status and condition of such activities and business can be ascertained without extraneous information, and all of the books, documents, files, papers, letters, and copies of letters so made and kept shall be carefully protected and safely preserved and guarded from mutilation, loss or destruction.
(Acts 1915, No. 237, p. 287, § 1; Code 1923, §2690; Code 1940, T. 41, §139.)
Section 36-12-3
Section 36-12-3 Permanence and uniformity in size, style, etc., of books, papers, files, etc., required; factors in selection of record books, writing paper, inks, typewriter ribbons, etc.
The books, documents and files shall be uniform in size and general style of makeup and binding throughout the several state offices and departments, and in their manufacture the best grades of paper, inks and binding shall be employed. Only papers, inks, typewriter ribbons, carbon papers and ink pads of a permanent and nondestructible character shall be used in any of such offices or departments. In contracting for the record books, letterheads or other writing papers, follow sheets, inks, typewriter ribbons, carbon papers and stamp pads, the officer, officers or agents charged with the selection or purchase thereof shall require substantial uniformity as above provided and shall select only such books or other materials as conform to the requirements specified in this section, to the end that all state, county, municipal and institutional records may be lasting and permanent.
(Acts 1915, No. 237, p. 287, § 2; Code 1923, §2691; Code 1940, T. 41, §140.)
Section 36-12-4
Section 36-12-4 Public officers and servants to deliver current papers, books, etc., to successors in office.
All public officers and servants of this state shall turn over to their successors in office, together with a list thereof, all current books, papers and documents pertaining to the business, affairs or transactions of their office, taking a receipt therefor, which said receipt shall also contain a list of all such books, papers and documents.
(Acts 1915, No. 237, p. 287, § 4; Code 1923, §2693; Code 1940, T. 41, §142.)
Section 36-12-5
Section 36-12-5 Disposition of books, papers, etc., when no longer current.
All public officers and servants of the state, whenever any book, paper or document pertaining to the affairs, business or transactions of their office has ceased to be current, shall deliver the same together with a list of such books, papers and documents to the Director of the Department of Archives and History, receiving in return therefor a receipt from such director which shall also contain a list of such books, papers and documents, and all such books, papers, and documents of officers and servants of counties and municipalities shall be, when they cease to be current, in like manner delivered to the probate judge of such county and to the mayor, president of the board of commissioners or other executive officer of the municipality and, in like manner, such officer to whom such books, papers and documents are delivered shall give his receipt therefor.
(Acts 1915, No. 237, p. 287, § 3; Code 1923, §2692; Code 1940, T. 41, §141.)
Section 36-12-20
Section 36-12-20 Papers, property, etc., to be delivered to successor upon vacation of office.
In all cases in which it is not otherwise expressly provided, when any office is vacated, except by the death of the incumbent, all books, papers, property and money belonging or appertaining to such office shall, on demand, be delivered over to the qualified successor.
(Code 1852, §154; Code 1867, §193; Code 1876, §206; Code 1886, §301; Code 1896, §3133; Code 1907, §1549; Code 1923, §2683; Code 1940, T. 41, §132.)
Section 36-12-21
Section 36-12-21 Proceedings for recovery of papers, property, etc., by successor to office generally — Filing of complaint; issuance of order to person refusing, etc., to deliver papers, etc., to show cause why delivery of same should not be compelled.
If any person refuses or neglects, after demand made, to deliver over any books, papers or property as required in Section 36-12-20, his successor may make complaint thereof to the judge of the circuit court or judge of the probate court of the county in which the person refusing resides; and, if such officer is satisfied by the oath of the plaintiff and such other evidence as may be offered that any such books, papers or property are withheld, he shall grant an order requiring the person so refusing to show cause before him, on a day and at a place named in such order, why he should not be compelled to deliver the same.
(Code 1852, §155; Code 1867, §194; Code 1876, §207; Code 1886, §302; Code 1896, §3134; Code 1907, §1550; Code 1923, §2684; Code 1940, T. 41, §133.)
Section 36-12-22
Section 36-12-22 Proceedings for recovery of papers, property, etc., by successor to office generally — Hearing; termination of proceedings against person charged with withholding papers, property, etc., upon making of affidavit.
At the time so appointed or at any other time to which the matter may be adjourned, a copy of such order having been personally served on the person so refusing, such officer shall proceed to inquire into the circumstances. If the person charged with withholding such books, papers or property makes affidavit before such officer that he has delivered over to his successor all such books, papers and property in his custody or appertaining to such office, all further proceedings against him shall cease.
(Code 1852, §156; Code 1867, §195; Code 1876, §208; Code 1886, §303; Code 1896, §3135; Code 1907, §1551; Code 1923, §2685; Code 1940, T. 41, §134.)
Section 36-12-23
Section 36-12-23 Proceedings for recovery of papers, property, etc., by successor to office generally — Imprisonment of person charged with withholding papers, property, etc., upon failure to make affidavit, etc.
If the person complained against does not make such affidavit and it appears that any such books, papers or property are withheld, the officer before whom the proceedings are had shall, by warrant, commit the person so withholding to the jail of the county, there to remain until he delivers such books, papers or property or is otherwise discharged by law.
(Code 1852, §157; Code 1867, §196; Code 1876, §209; Code 1886, §304; Code 1896, §3136; Code 1907, §1552; Code 1923, §2686; Code 1940, T. 41, §135.)
Section 36-12-24
Section 36-12-24 Proceedings for recovery of papers, property, etc., by successor to office generally — Issuance of warrant for search and seizure of papers, property, etc., upon failure of person charged with withholding same to make affidavit, etc.
In the case stated in Section 36-12-23, if required by the plaintiff, such officer shall also issue his warrant, directed to any lawful officer, commanding him in the daytime to search such places as may be designated in such warrant for such books, papers and property as belonged and appertained to the office vacated and to seize and bring them before the officer issuing such warrant.
(Code 1852, §158; Code 1867, §197; Code 1876, §210; Code 1886, §305; Code 1896, §3137; Code 1907, §1553; Code 1923, §2687; Code 1940, T. 41, §136.)
Section 36-12-25
Section 36-12-25 Proceedings for recovery of papers, property, etc., by successor to office generally — Examination of papers, property, etc., upon seizure and delivery thereof to complainant.
Upon books, papers or property being brought before such officer by virtue of such warrant, he shall inquire and examine whether the same appertained to the office vacated, in which case he shall cause such books, papers and property to be delivered to the plaintiff.
(Code 1852, §159; Code 1867, §198; Code 1876, §211; Code 1886, §306; Code 1896, §3138; Code 1907, §1554; Code 1923, §2688; Code 1940, T. 41, §137.)
Section 36-12-26
Section 36-12-26 Proceedings for recovery of papers, property, etc., by successor to office upon death of incumbent, etc.
If any person holding any office in this state dies or his office in any way becomes vacant and any books, papers or property belonging or appertaining to such office come into the possession of any person, the qualified successor to such office may, in the manner before prescribed in Sections 36-12-20 through 36-12-25, demand such books, papers or property from the person having the same in his possession; and, on the same being withheld, an order may be obtained and the person charged may, in like manner, make oath of the delivery of all such books, papers and property that ever came into his possession; and, in case of his failure to make such oath and to deliver up the books, papers or property so demanded, such person shall be committed to jail and a search warrant may be issued and the books, papers, or property seized by virtue thereof and delivered to the plaintiff, as prescribed in Sections 36-12-20 through 36-12-25.
(Code 1852, §160; Code 1867, §199; Code 1876, §212; Code 1886, §307; Code 1896, §3139; Code 1907, §1555; Code 1923, §2689; Code 1940, T. 41, §138.)
Section 36-12-40
Section 36-12-40 Rights of citizens to inspect and copy public writings; exceptions.
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. Provided however, registration and circulation records and information concerning the use of the public, public school or college and university libraries of this state shall be exempted from this section. Provided further, any parent of a minor child shall have the right to inspect the registration and circulation records of any school or public library that pertain to his or her child. Notwithstanding the foregoing, records concerning security plans, procedures, assessments, measures, or systems, and any other records relating to, or having an impact upon, the security or safety of persons, structures, facilities, or other infrastructures, including without limitation information concerning critical infrastructure (as defined at 42 U.S.C. §5195c(e) as amended) and critical energy infrastructure information (as defined at 18 C.F.R. §388.113(c)(1) as amended, the public disclosure of which could reasonably be expected to be detrimental to the public safety or welfare, and records the disclosure of which would otherwise be detrimental to the best interests of the public shall be exempted from this section. Any public officer who receives a request for records that may appear to relate to critical infrastructure or critical energy infrastructure information, shall notify the owner of such infrastructure in writing of the request and provide the owner an opportunity to comment on the request and on the threats to public safety or welfare that could reasonably be expected from public disclosure on the records.
(Code 1923, §2695; Code 1940, T. 41, §145; Acts 1983, No. 83-565, p. 866, §3; Act 2004-487, §1.)
Section 36-12-41
Section 36-12-41 Public officers to provide certified copies of writings upon payment of fees therefor; admissibility in evidence of copies.
Every public officer having the custody of a public writing which a citizen has a right to inspect is bound to give him, on demand, a certified copy of it, on payment of the legal fees therefor, and such copy is admissible as evidence in like cases and with like effect as the original writing.
(Code 1923, §2696; Code 1940, T. 41, §147.)
Section 36-12-60
Section 36-12-60 Purpose of article.
The object and purpose of this article is to place all candidates for any state office upon an equality by the prevention of the use of any state-owned property in the promotion or advancement of the candidacy of any individual to the nomination or election to any public office of the State of Alabama.
(Acts 1939, No. 657, p. 1031, §3; Code 1940, T. 41, §147(3).)
Section 36-12-61
Section 36-12-61 Use, etc., of state-owned property for promotion or advancement of interests of candidates for public office.
It shall be unlawful for any officer or employee of the State of Alabama to use or to permit to be used any state-owned property of any character or description, including stationery, stamps, office equipment, office supplies, automobiles or any other property used by him, in his custody or under his control for the promotion or advancement of the interest of any candidate for the nomination or election to any public office of the State of Alabama.
(Acts 1939, No. 657, p. 1031, §1; Code 1940, T. 41, §147(1).)
Section 36-12-62
Section 36-12-62 Transportation, etc., of campaign literature in state-owned vehicles, etc.
It shall be unlawful for any officer or employee of the State of Alabama to transport, cause to be transported or to allow to be transported in any automobile or other vehicle belonging to the state or any privately owned vehicle while mileage is paid by the state any campaign literature or propaganda which promotes or tends to promote his candidacy or the candidacy of any other person for the nomination or election to any office of the State of Alabama.
(Acts 1939, No. 657, p. 1031, §2; Code 1940, T. 41, §147(2).)
Section 36-12-63
Section 36-12-63 Duty of department heads, etc., to discharge violators of provisions of article.
It shall be the duty of all officers, heads of departments and all other individuals and boards charged with the duty of appointing individuals to state office or employing any individual in the state, if any part of the compensation is to be paid by the state, immediately to discharge all such officers or employees so appointed who violate any of the provisions of this article.
(Acts 1939, No. 657, p. 1031, §4; Code 1940, T. 41, §147(4).)
Section 36-12-64
Section 36-12-64 Liability for violations of provisions of article.
Any officer or employee of the State of Alabama who violates any of the provisions of this article shall be subject to impeachment and removal from office and shall also be guilty of a misdemeanor and, upon conviction thereof, shall be punished in the manner provided by law for such offenses.
(Acts 1939, No. 657, p. 1031, §5; Code 1940, T. 41, §147(5).)
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