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A Resolution of the City Council of the City of Foley, Alabama, Authorizing and Requesting an Opinion From the Attorney General of the State of Alabama Regarding the City's Record Retention Obligations for Audio and Video Recordings of City Council Meetings
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WHEREAS, the City of Foley, Alabama (the "City") is considering whether to begin video recording its City Council meetings, whether to livestream those meetings through a third-party platform such as YouTube, or both; and
WHEREAS, before adopting a records management policy governing such recordings, the City Council requires authoritative guidance on the City's record retention obligations under applicable Alabama law; and
WHEREAS, the Alabama Department of Archives and History ("ADAH") municipal Records Disposition Authority ("RDA"), the existing State law, and other sources leave unclear the municipal record retention requirements and obligations that the City may face if it were to commence creating video recordings of its meetings; and
WHEREAS, neither the RDA nor any existing written guidance from ADAH or the Office of the Attorney General addresses: (1) whether a recording archived exclusively on a third-party platform such as YouTube satisfies the City's minimum retention obligation under RDA Record No. 1.04; (2) whether the City's retention obligations differ depending on whether the City records meetings internally, livestreams through a third-party platform, or does both; (3) whether the City's retention obligation is satisfied if a third-party archived recording becomes unavailable before the meeting minutes are approved through no act of the City; (4) whether a YouTube channel or similar platform through which the City livestreams Council meetings constitutes a "social media site" subject to the permanent record disposition under RDA Record No. 18.18, and if so, whether that obligation supersedes or supplements RDA Record No. 1.04; and (5) whether an advanced recording that displays agenda items and supporting packet materials on-screen during the Council meeting would cause the recording, or portions of it, to be reclassified as a permanent record under RDA Record No. 1.03; and
WHEREAS, resolution of these questions is necessary to enable the City Council to perform its official duties by adopting a records management policy that complies with applicable Alabama law; and
WHEREAS, the Code of Alabama 1975, Section 36-15-1(1)(d), authorizes the Attorney General to render opinions to public officials on questions of law pertaining to their official duties; and
WHEREAS, the Code of Alabama 1975, Section 36-15-1(1)(c), requires that a resolution accompany opinion requests submitted by city councils and similar governing bodies;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Foley, Alabama, as follows:
Section 1: The City Council hereby authorizes and requests that the City Attorney, Casey Pipes, submit a formal request to the Office of the Attorney General of the State of Alabama for an opinion addressing the following questions:
1. Does a City of Foley audio or video recording of a City Council meeting that is archived exclusively on a third-party platform such as YouTube satisfy the City's minimum retention obligation under RDA Record No. 1.04, or must the City maintain a City-controlled copy of the recording until the meeting minutes are approved?
2. Does the City's retention obligation under RDA Record No. 1.04 differ depending on whether the City records the meeting internally, livestreams it through a third-party platform, or does both?
3. Is the City's retention obligation satisfied if a recording archived on a third-party platform becomes unavailable through no act of the City before the meeting minutes are approved?
4. Does a YouTube channel or similar platform through which the City livestreams City Council meetings constitute a "social media site" subject to the permanent record disposition under RDA Record No. 18.18, requiring the City to preserve a complete copy annually or as often as significant changes are made - and, if so, does that obligation supersede or supplement the temporary record classification under RDA Record No. 1.04?
5. If the City uses an advanced recording format that displays agenda items and supporting packet materials on-screen during the Council meeting, would the resulting recording - or portions of it - be classified as a permanent record under RDA Record No. 1.03 rather than a temporary record under RDA Record No. 1.04?
Section 2: The City Attorney is hereby authorized to submit, on behalf of the City Council, such supporting documentation, factual statements, and materials as may be necessary or appropriate to accompany the request.
Section 3: A certified copy of this Resolution shall accompany the request for opinion submitted to the Office of the Attorney General.
Section 4: This Resolution shall become effective upon its adoption.