The Louisiana Attorney General’s office has more than 80 legal opinions posted online that address the state’s open meetings and public records laws but don’t expect James “Buddy” Caldwell’s office to assist if you run up against resistance from a state agency like, oh say, the Louisiana Department of Education when seeking public records.
When LouisianaVoice recently encountered characteristic foot-dragging by State Education Superintendent in complying with our request for records pertaining to the department’s connections to Bill Gates’ Shared Learning Collaborative and Wireless Generation, a subsidiary of Rupert Murdoch’s News Corp., we asked for a little help from the attorney general’s office.
That help was not forthcoming so we had to go to our fall back plan—our legal counsel, J. Arthur Smith who loves to take on the bureaucracy.
Instead, we received a telephone call from an assistant attorney general somewhere deep within the bowels of the Livingston Building at 1885 North Third Street in Baton Rouge.
The assistant AG was polite enough as she explained that it was not the function of the attorney general’s office to assist the public in obtaining public records from recalcitrant state agencies.
“But, but, you do help when people are attempting to obtain access to public meetings,” we sputtered in disbelief.
“Yes,” she said, “but we are not involved in disputes over public records.”
“Yet you will get involved in enforcing open meeting laws?”
“Yes, that’s different.”
“Wait. What? Different?”
“Yes.”
“But I thought the attorney general’s office would assist Louisiana citizens gain access to public records. Isn’t that the law?
“Where does it say that? We assist with public meetings.”
“You differentiate between public records and public meetings?”
“Yes. We will help with public meetings but we don’t involve ourselves with public records.”
“What’s the difference?”
“There is a difference.”
“What is it?”
“One issue is public meetings while the other is public records.”
Such is the surreal world one encounters when attempting to navigate the bureaucratic red tape of state government.
Yet, when one does a cursory internet search, it is easy enough to find opinion after opinion that addresses the very issue in question—like the following excerpts from Louisiana Attorney General opinions:
• The Department of Insurance must comply with a public records request made pursuant to LA. R.S. 44.1, et seq.
• Square footage obtained by the assessor in the performance of his or her constitutional and statutorily designated duties falls within the definition of a public record provided by the Public Records Act…
• The Slidell Memorial Hospital Foundation is a quasi-public body, subject to the open meetings laws, public records laws…
• Hand-held scanners may be used in the inspection of public records (we threw this one in because Gov. Bobby Jindal’s office refused us the opportunity several months back to use our hand-held scanner to inspect public records.)
• The nominating committee for the Southeast Louisiana Flood Protection Authority is subject to the state’s “open meeting” and “public records” laws.
• When employees conduct official business through electronic communications, it becomes part of the public record which an individual may view…
• East Baton Rouge firefighters’ timesheets are a matter of public record…
And so on. You get our drift.
So, while no help can be anticipated from within the Louisiana Department of Justice (because, in the words of the late Richard Pryor, it’s “just US,” or in this case, “just them”), we will nevertheless plod along in our attempt to keep our readership informed—even to the point of employing the considerable persuasive legal talents of J. Arthur Smith who loves his job almost as much as we love ours.
Louisiana Voice 
Awesome, Tom! Keep at it 🙂
c
Thank you Tom for all the hard work you are doing for the good citizens of Louisiana!
Once they find out what records you are looking for don’t be surprised if they are destroyed. This is the type of scum that’s in charge.
Destroying public records is a felony so they would be very wise not to venture off into those waters.
This is the first real reporting I have ever seen in Louisiana. I’m amazed. Thank you.
I wish the federal AG would investigate these clowns.
Please make a request of the Attorney General’s office concerning all pertinent documents related to why Public Records Laws (let me say again–LAWS) are not the purview or concern or function of that office. You might even want to ask why the Attorney General chooses to “cherry pick” which laws he enforces and others by which he chooses to not be bothered.
Thanks Tom for informing citizens of the level of corruption and incompetence that we thought existed at the highest echelons of state government but never had proof. We owe you a large debt of gratitude.
Simply amazing but not surprising
I have seen the AG defer on matters of ethics, referring people to that board, but this is baffling. Then again, maybe not. Many years ago in my naiviity as a young state employee I was astounded to discover that the way the opinion came down had more to do with which way the political wind was blowing than it did with the actual law. It is possible that the concept of public records is simply too hot to deal with right now.
I was also told by the AG’s office that they do not enforce OPEN MEETINGS laws. I called after the public was denied the opportunity to offer public input at the January 8 Superintendents’ Advisory Council meeting. I pointed out to the lady attorney who finally returned my call that La. R.S. 42:25 Enforcement says:
A. The attorney general shall enforce the provisions of R.S. 42:12 through R.S. 42:23 throughout the state. He may institute enforcement proceedings on his own initiative and shall institute such proceedings upon a complaint filed with him by any person, unless written reasons are give as to why the suit should not be filed.
B. Each district attorney shall enforce the provisions of R.S. 42:12 through R.S. 42:23 throughout the judicial district within which he serves. He may institute enforcement proceedings on his own initiative and shall institute such proceedings upon a complaint filed with him by any person, unless written reasons are given as to why the suit should not be filed.
C. Any person who has been denied any right conferred by the provisions of R.S. 42:12 through R.S. 42:23 or who has reason to believe that the provisions of R.S. 42:12 through R.S. 42:23 have been violated may institute enforcement proceedings.
Therefore, I hired Attorney Brian Blackwell who filed Lee P. Barrios versus The Louisiana State Board of Elementary and Secondary Education, State of Louisiana through the Department of Education and Michael Faulk, Number 618,821, Section 26 19th Judicial District Court, East Baton Rouge Parish. The matter has been scheduled for hearing before Judge Kay Bates on April 15 at 9:30 A.M. 300 North Boulevard, B.R., 9th Floor (Room 9D). Of course this costs money but in my opinion it is extremely important that the public hold our elected officials accountable.
Evidently my threats to sue for withholding public records didn’t hold the weight your threat did as I have not received many of the documents requested. If I win the Open Meetings case, I will file a Public Information suit. Anyone contributions toward that effort are appreciated.
He probably saw his shadow.
Orwellian
I guess Mr. Caldwell isn’t immune to whatever disease is running rampant at the Capitol.
As a retired teacher (10 years) and later counselor (23 years) for a combined 33 years in the Jefferson Parish Public School System, let me tell you how very much I love reading “The Louisiana Voice” and look forward to each new daily entry. I have to say “hang in there!” I know I did and for 33 years on various issues I fought the Jefferson Parish School Board, most always winning my case each and every time. I was a “thorn in their side and a pebble in their shoe” and proud of it! As I taught my students, if you feel you are truly right, beyond the shadow of any doubt, then you to need to stand up for those rights or you could lose them forever!
Best of luck in obtaining the necessary documents from Attorney General Buddy Caldwell’s office. I hope that you get original copies and not ones that “maybe” have been “doctored!” From: Myra
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