GENERAL ORDERS LINCOLN POLICE DEPARTMENT
SUBJECT: SUPPORT SERVICES
TITLE: RECORDS MANAGEMENT & RELEASE
EFFECTIVE DATE: JUNE 1, 2025
REVISION DATE:
ACCREDITATION: ALABAMA ASSOCIATION OF CHIEFS OF POLICE (AACOP)
APPROVAL: CHIEF DARREN E. BRITTON
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RECORDS MANAGEMENT & RELEASE
804.1 PURPOSE AND SCOPE
This policy provides guidance on the maintenance and release of department records. Protected information is separately covered in the Protected Information Policy.
804.1.1 DEFINITIONS
SUBPONEA DECUES TECUM - a type of legal writ requiring one who has been summoned to appear in court to bring some specified item with him or her for use or examination by the court.
804.2 POLICY
The Lincoln Police Department is committed to providing public access to records in a manner that is consistent with the Alabama Public Records Law (Ala. Code § 36-12-40 et seq.).
804.3 PUBLIC RECORDS OFFICER
The Chief of Police shall designate a Public Records Officer. The responsibilities of the Public Records Officer include but are not limited to:
(a) Managing the records management system for the Department, including the retention, archiving, release, and destruction of department public records.
(b) Maintaining and updating the department records retention schedule, including:
Identifying the minimum length of time the Department must keep records.
Identifying the department division responsible for the original record.
(c) Establishing rules regarding the submission of requests, inspection, and copying of department public records as reasonably necessary for the protection of such records (Ala. Code § 36-12-44; Ala. Code § 36-12-45).
(d) Identifying records or portions of records that are confidential under state or federal law and not open for inspection or copying.
(e) Establishing rules regarding the processing of subpoenas for the production of records.
(f) Ensuring the availability of a current schedule of fees for public records as allowed by law (Ala. Code § 36-12-45).
(g) Ensuring the records are protected from mutilation, loss, or destruction (Ala. Code § 36-12-2).
(h) Preparing and making available to the public:
A description of the basic rights of a person who requests public information.
The responsibilities of the Department pertaining to public records requests.
The name of the Public Records Officer.
The hours of public access to records.
A description of the costs to inspect or copy records.
Department procedures regarding public records requests.
(i) Remain familiar with the Alabama Public Records Law (Ala. Code § 36-12-40 et seq.).
804.4 PROCESSING REQUESTS FOR PUBLIC RECORDS
Any department member who receives a request for any record shall route the request to the Public Records Officer or the authorized designee.
804.4.1 REQUESTS FOR RECORDS
Any member of the public may access unrestricted records of this department during regular business hours by submitting a written and signed request that reasonably identifies each record sought and paying any associated fees. The processing of requests for any record is subject to the following (Ala. Code § 36-12- 43; Ala. Code § 36-12-44):
(a) The Department is not required to create records that do not exist.
(b) The Public Records Officer shall acknowledge the receipt of a proper standard request within 10 days of receiving the request. A substantive response either fulfilling or denying the request shall be completed within 15 business days after acknowledging the request. This substantive response deadline may be extended by written notification to the requester.
If fees are required for the public records, the requester shall be notified of the estimated fee. Records may be withheld until receipt of payment.
(c) Records requests that may require more than 8 hours to process as determined by the Public Records Officer are time-intensive requests.
The requester shall be required to pay a reasonable fee prior to providing a substantive response to the requester. The requester shall be notified of any likely fees and any substantive response will be withheld until receipt of payment.
The request shall be acknowledged within 10 business days.
The requester shall be notified within 15 business days after acknowledgment that the request is time-intensive. At that time the Public Records Officer shall notify the requester of any likely fees and allow them to withdraw the time-intensive request and submit a new request that is not a time-intensive request. If the requester elects to proceed with a time-intensive request, a substantive response shall be completed within 45 business days. The response time may be extended by written notification to the requester.
When a request is designated as time-intensive, a log shall be maintained for keeping track of pending time-intensive requests as provided in Ala. Code § 36-12-44.
(d) A response is not required for records requests that are vague, ambiguous, overly broad, unreasonable in scope, or are seeking information or materials that are not public records.
(e) When a record contains material with release restrictions and material that is not subject to release restrictions, the restricted material shall be redacted, and the unrestricted material released.
(f) A copy of the redacted release should be maintained in the case file for proof of what was actually released and as a place to document the reasons for the redactions. If the record is audio or video, a copy of the redacted audio/video should be maintained in the department-approved media storage system and a notation should be made in the case file to document the release and the reasons for the redacted portions.
804.5 RELEASE RESTRICTIONS
Examples of release restrictions include:
(a) Any personal identifying information, including an individual's photograph; Social Security and driver identification numbers; name, address, and telephone number; and medical or disability information that is contained in any driver's license record, motor vehicle record, or any department record, including traffic accident reports, is restricted except as authorized by the Department, and only when such use or disclosure is permitted or required by law to carry out a legitimate law enforcement purpose (18 USC § 2721; 18 USC § 2722; Ala. Code § 32-10-7).
(b) Certain personnel information including a member's address and telephone number, Social Security number, marital status, medical history, confidential recommendations for employment, and drug and alcohol testing.
(c) Juvenile law enforcement records (Ala. Code § 12-15-134).
(d) Law enforcement investigative reports and related investigative material (Ala. Code § 12-21-3.1).
(e) Portions of records that disclose confidential informants (Rule 3.9, Ala. R. Crim. P.).
(f) Audio recordings of 9-1-1 calls or the name of a victim (Ala. Code § 11-98-12).
(g) Records of child abuse or neglect (Ala. Code § 26-14-8).
(h) Records concerning security plans, procedures, assessments, measures or systems, and other records relating to the security of persons, structures, facilities, or other infrastructures that could reasonably be expected to be detrimental to the public safety or welfare (Ala. Code § 36-12-40).
(i) Records where disclosure would be detrimental to the best interests of the public (Ala. Code § 36-12-40).
(j) Any other information that may be appropriately denied by Alabama statute (Ala. Code § 36-12-40).
804.6 SUBPOENAS AND DISCOVERY REQUESTS
Any member who receives a subpoena duces tecum or discovery request for records should promptly contact a supervisor and the Public Records Officer for review and processing. While a subpoena duces tecum may ultimately be subject to compliance, it is not an order from the court that will automatically require the release of the requested information.
Generally, discovery requests and subpoenas from criminal defendants and their authorized representatives (including attorneys) should be referred to the City Prosecutor, City Attorney or the courts.
All questions regarding compliance with any subpoena duces tecum or discovery request should be promptly referred to legal counsel for the Department so that a timely response can be prepared.
804.7 SECURITY BREACHES
Members who become aware that any Lincoln Police Department system containing personal information may have been breached should notify the Central Records Clerk as soon as practicable. The Central Records Clerk shall conduct a prompt investigation to determine the likelihood that personal information has been breached (Ala. Code § 8-38-4). A determination that a breach has occurred shall be documented in writing (Ala. Code § 8-38-5).
The Central Records Clerk shall ensure the required notice is given to any resident of this state whose unsecured personal information is reasonably believed to have been acquired by an unauthorized person (Ala. Code § 8-38-5). Notice shall be in the form and manner specified in Ala. Code § 8-38-5.
Notice shall be given as soon as practicable and without unreasonable delay, but no later than 30 days after the determination that a breach has occurred. Notice may be delayed if notification will impede a criminal investigation (Ala. Code § 8-38-5).
If notification is required to more than 1,000 persons at one time, notice of the breach shall also be provided to the Attorney General and to all consumer reporting agencies as specified in Ala. Code § 8-38-6 and Ala. Code § 8-38-7.
If the breach reasonably appears to have been made to protected information covered in the Protected Information Policy, the Central Records Clerk should promptly notify the appropriate member designated to oversee the security of protected information (see the Protected Information Policy).
804.7.1 PERSONAL INFORMATION
For purposes of the notice requirement, personal information includes an individual’s first name or first initial and last name in combination with any one or more of the following (Ala. Code § 8-38-2):
(a) Social Security number
(b) Driver license number, state identification card number, or other similar identification
(c) Full account number, credit or debit card number, unique electronic identifier, or any required security code, access code, or password that would permit access to an individual’s financial account
(d) Medical information or health insurance information
(e) A user name or email address, in combination with a password or security question and answer that would permit access to an online account that is likely to provide access to sensitive personally identifying information
804.8 EXPUNGEMENT
Expungement orders received by the Department shall be reviewed for appropriate action by the Public Records Officer (Ala. Code § 15-27-7; Ala. Code § 15-27-8). The Public Records Officer shall expunge such records as ordered by the court. Records may include but are not limited to a record of arrest, investigation, detention, or conviction. Once a record is expunged, members shall respond to any inquiry as though the record did not exist (Ala. Code § 15-27-6).
These policies and operating procedures are not designed to cover every possible scenario or situation in society, but rather to define standard operating procedures for members of the Lincoln Police Department. These guidelines are subject to past, present and future judicial review. These guidelines can be amended and or repealed by the Chief of Police as necessary. The policies and procedures herein provided supersede all previous policies and orders.
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