We have been asked to post instructions that our readers may follow so that they may request public records.
Whether you wish records from your municipal government or the state makes no difference: the law is the same. For state records from the Division of Administration and any agency under the DOA umbrella, make your requests to:
mark.brady@la.gov
dirk.thibodeaux@la.gov
doacommissioner@la.gov
lesia.batiste@la.gov
Address your emails to each one of these individuals. Remember, state law stipulates that they must make records available for inspection immediately or notify you as to why they are not available.
Begin your request with:
Pursuant to the Public Records Act of Louisiana, R.S. 44:1 et seq., I request a copy of the following information:
Then explain in specific detail what information you are requesting.
You may also want to attach the Public Affairs Research Council publication on public records (Citizens’ Rights Card) which you may access at:
http://www.la-par.org/rightscard.cfm
PAR’s Sunshine Law Fact Sheet offers a plain-language explanation of the state’s sunshine laws with practical tips on how the public can participate in open meetings and request public records. The documents are designed to be distributed by citizen groups as one-page, double-sided reference tools for guidance through the sometimes complicated process of gaining access to records and meetings of state and local government bodies.
CITIZENS’ RIGHTS UNDER THE PUBLIC RECORDS LAW (R.S. 44:1-41)
Anyone 18 or older has the right to examine, copy or obtain a copy of a public record (unless specifically exempted) of any public body including any state, parish or municipal agency or board (including the Legislature). Public records requests may be submitted by mail (by court ruling). Generally anything “having been used, being in use or prepared” for use in the conduct of public business is a public record, regardless of physical form. Public records include such things as drafts of documents, statistics, maps, letters, memos, budget requests, budgets, tapes, electronic data, payrolls, certain retirement information, and tax assessment rolls.
No fees may be charged for inspecting records during regular business hours. A requester may be asked to pay in advance if overtime is required to make a public record available.
Enforcing The Public Records Law:
A custodian who determines a record is not public, must provide written reasons, including the legal basis, within three working days. If a requester is denied a public record by a custodian or if five business days have passed since the initial request and the custodian has not responded, the requester may file a civil suit to enforce his right to access. the custodian bears the burden of proving that the record is not subject to disclosure because of either privacy rights or a specific exemption. The law requires the courts to act expeditiously in such suits and to render a decision “as soon as practicable.”
If the requester prevails in the suit, the court will award reasonable attorney’s fees and other costs. If the requester partially prevails, the court may, at its discretion, award reasonable attorney’s fees or an appropriate portion thereof. (The custodian and the public body may each be held liable for the payment of the requester’s attorney’s fees and other costs of litigation; however, the custodian cannot be held personally liable for these fees and costs if he acted on advice from a lawyer representing the public body.)
The court may also award the requester civil penalties of up to $100 for each day the custodian arbitrarily failed to give a written explanation of the reasons for denying the request. In addition, if the court finds that the custodian arbitrarily or capriciously withheld a public record, it may award actual damages proven by the requester to have resulted from the custodian’s action. (The custodian may be held personally liable for the actual damages unless his denial of the request was based on advice from a lawyer representing the public body.)
In addition to civil remedies, the law also provides criminal penalties. Anyone with custody or control of a public record who violates the law or hinders the inspection of a public record will be fined $100 to $1,000, or imprisoned for one to six months upon first conviction. For a subsequent conviction, the penalty is a fine of $250 to $2,000 or imprisonment from two to six months, or both.
Sample Letter to Request Public Records:
Dear Custodian of Public Record(s):
Pursuant to the Public Records Act of Louisiana, R.S. 44:1 et seq., I/we request the following public records be made available for inspection and/or copying:
[List either specific document(s) you are requesting or if you don’t know, describe the information you are requesting as specifically as possible.]
Under the provisions of R.S. 44:32, if you raise a question as to whether the record requested is a public record, you are required to notify in writing the person making the request of your determination and the reasons, including the legal basis, therefor. Said notice shall be made within three days of the receipt of the request, exclusive of Saturdays, Sundays, and legal public holidays.
Under the provisions of R.S. 44:33, if the public record is not immediately available you are required to certify this in writing promptly, and in your certificate fix a day and hour within three days, exclusive of Saturdays, Sundays, and legal public holidays, for the exercise of the right granted in the Public Records Act.
Under R.S. 44:34, “If any public record applied for by any authorized person is not in the custody or control of the person to whom the application is made, such person shall promptly certify this in writing to the applicant, and shall in the certificate state in detail to the best of his knowledge and belief, the reason for the absence of the record from his custody or control, its location, what person then has custody of the record and the manner and method in which, and the exact time at which it was taken from his custody or control. He shall include in the certificate ample and detailed answers to inquiries of the applicant which may facilitate the exercise of the right granted by this Chapter.”
If you are invoking R.S. 44:34 to deny this request, please answer the following questions in detail.
1. Is a copy of the requested public record usually located in your office?
2. Why is your copy of the requested public record absent from your office?
3. Where is your copy of the requested public record?
4. Who has received your copy of the requested public record?
5. How and from whom did the present custodian gain control of your copy of the requested public record?
6. What was the exact time your copy of the requested public record was taken from your custody and control?
7. When will your copy of the requested public record be returned to your office?
8. Is there any other public official who has a copy of the requested public record?
9. State the name or names of anyone who has a copy of the requested public record?
10. State the location(s) where the requested public record can be viewed.
11. State the hours and dates when the requested public record can be viewed.
Penalties for violating the Public Records Act include criminal prosecution.
uh oh… now look out for a new DoA rule/procedure prohibiting any DoA employee from requesting such records from his employer… can anyone or any entity be so arrogant as to try this? what do you think?