Title 36 — Title 36
0 chapters · 1,118 sections in this title.
Ala. Code § 36-12-1 Public Officer or Servant Defined
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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 whatsoeve…
Ala. Code § 36-12-2 Public Officers and Servants to Accurately Maintain and Preserve from Loss, Destruction, Etc., Complete Books, Papers,
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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 …
Ala. Code § 36-12-20 Papers, Property, Etc., to Be Delivered to Successor Upon Vacation of Office
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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. History: …
Ala. Code § 36-12-21 Proceedings for Recovery of Papers, Property, Etc., by Successor to Office Generally - Filing of Complaint; Issuance of
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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 complai…
Ala. Code § 36-12-22 Proceedings for Recovery of Papers, Property, Etc., by Successor to Office Generally - Hearing; Termination of
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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 sha…
Ala. Code § 36-12-23 Proceedings for Recovery of Papers, Property, Etc., by Successor to Office Generally - Imprisonment of Person Charged
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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, comm…
Ala. Code § 36-12-24 Proceedings for Recovery of Papers, Property, Etc., by Successor to Office Generally - Issuance of Warrant for Search and
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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 d…
Ala. Code § 36-12-25 Proceedings for Recovery of Papers, Property, Etc., by Successor to Office Generally - Examination of Papers, Property,
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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…
Ala. Code § 36-12-26 Proceedings for Recovery of Papers, Property, Etc., by Successor to Office Upon Death of Incumbent, Etc
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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 prescrib…
Ala. Code § 36-12-3 Permanence and Uniformity in Size, Style, Etc., of Books, Papers, Files, Etc., Required; Factors in Selection of Record
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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 …
Ala. Code § 36-12-4 Public Officers and Servants to Deliver Current Papers, Books, Etc., to Successors in Office
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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 s…
Ala. Code § 36-12-40 Rights of Citizens to Inspect and Copy Public Writings; Exceptions
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(a) Every resident has a right to inspect and take a copy of any public record of this state, except as otherwise expressly provided by applicable law. Provided however, registration and circulation records and information concerning the use of the public, public school, or colle…
Ala. Code § 36-12-41 Copies of Public Records to Be Provided Upon Request and Payment of Fees
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Every public officer having custody of a public record that a resident has a right to inspect shall provide him or her, on proper request as provided in this article, with a copy of the public record, on payment of a reasonable fee, as further provided in this article. History: (…
Ala. Code § 36-12-43 Public Policy; Definitions; Applicability
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(a) It is the policy of the state to promptly provide residents with the opportunity to inspect public records and to request a copy, subject to payment of reasonable fees and to appropriate protections for private, confidential, privileged, and other nonpublic information, and t…
Ala. Code § 36-12-44 Duties of Public Officers; Requests for Public Records Clarification or Additional Information; Timing
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(a) A public officer shall respond to a standard request subject to each of the following provisions: (1) The public officer may require the requester to submit his or her request using a standard request form or by following the written procedures for accepting requests for publ…
Ala. Code § 36-12-45 Written Procedures Concerning Public Records; Request Form
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(a)(1) A resident may request access to a public record by following the written procedures for accepting such requests established by the public officer having custody of the public record. The written procedures may establish any of the following: a. A standard request form for…
Ala. Code § 36-12-46 Discovery Proceedings
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Nothing in this article shall be construed to permit any party to a pending or threatened action, suit, or proceeding to obtain information regarding a matter relevant to the pending or threatened action, suit, or proceeding in lieu of the proper discovery methods provided under …
Ala. Code § 36-12-5 Disposition of Books, Papers, Etc., When No Longer Current
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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…
Ala. Code § 36-12-60 Purpose of Article
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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 o…
Ala. Code § 36-12-61 Use, Etc., of State-Owned Property for Promotion or Advancement of Interests of Candidates for Public Office
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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…
Ala. Code § 36-12-62 Transportation, Etc., of Campaign Literature in State-Owned Vehicles, Etc
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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 li…
Ala. Code § 36-12-63 Duty of Department Heads, Etc., to Discharge Violators of Provisions of Article
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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 dis…
Ala. Code § 36-12-64 Liability for Violations of Provisions of Article
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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 s…