ALDOT Director John Cooper is seeking to withhold text messages and other communications from past and present chiefs of staff in Alabama GovernorKayIvey’s Administration in an ongoing legal case over a bridge project at the state’s beaches.
The legal wrangling thrusts the issue of whether Alabama law allows the governor’s office, or the state’s executive branch, to withhold communications under executive or deliberative process privilege. If granted, a high-level government official can withhold certain documents if officials determine they are part of their decision-making process.
“It’s a widely-held legal principle that an agency director and the office of the governor should be able to discuss an issue and weigh options free from outside influence,” according to ALDOT’s statement to. “The ‘deliberative process’ privilege helps ensure that state officers are able to reach the best result for Alabama citizens.”
Ivey also filed a friend-of-the-court motion on January 31, requesting to brief the Supreme Court in support of Cooper’s argument for protecting the communications between ALDOT and her office.executive order for state agencies to respond to requests for public records.The bridge company, behind its attorneys, requested the documents from Cooper that they believe will illustrate why he chose to build a new two-lane bridge over the Intercoastal Waterway in Gulf Shores, approximately 1.
He added, “There is no state secret, military crisis, diplomatic sensitivity or criminal investigation at issue.”
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