NOTE: The following is an account of the stonewalling and violation of state law by the State Division of Administration (DOA) experienced by LouisianaVoice publisher Tom Aswell in an effort to obtain public records from DOA:
The email from the Commissioner of Administration’s office was apparently sent to several state agencies in the Claiborne Building on Tuesday.
It’s contents were terse and to the point:
• Subject: Commissioner’s Suite
Due to a recent incident in the Commissioner’s suite, no one without proper access will be allowed into the area. If you need to see me or anyone else in legal, you must first call/e-mail to let us know you are coming over. You will not be buzzed into the area without first notifying us.
Unfortunately, this also includes student workers who come by on a regular basis to bring/and pick up documents.
Well, henceforth I guess it is okay to refer to me and LouisianaVoice as “Recent Incident” because that email from the still unknown author—I suspect it came from legal counsel David Boggs’ office—was about me.
First, some background.
I have historically encountered an almost incredible resistance on the part of this administration to release public records. If it’s not the claim of exemption under the tired blanket excuse of “deliberative process,” it’s the interminable delay due to the more recent explanation that “We are still searching for records and reviewing them for exemptions and privileges.”
Well, that handy little tactic of blowing smoke up my toga has allowed DOA to camp out on our request for weeks in open violation of the state’s public records law.
So, after submitting requests for records dating back to March 6 and March 10, I got tired of waiting and made a little trip to the Claiborne Building behind the State Capitol. That’s where DOA Commissioner of Administration Kristy Nichols parks her desk name plate—for now. She seems to move around a lot.
I walked up to the guard desk and signed in the visitors’ log book, indicating that I intended to visit DOA on the seventh floor. That’s what I wrote: Agency—DOA; Floor—7. It’s on the book, neat and proper. But then I told what could be construed as a little white lie when I informed the guard I was visiting another office first. Except it wasn’t a lie. I did drop by the other office to say hello to a couple of old friends.
Then I rode the elevator up to the seventh floor, walked to the commissioner’s office and rang the bell (the door is locked and visitors must be admitted by electronic control). The door clicked immediately and I entered and walked up to the receptionist’s desk.
“I’d like to see David Boggs, please,” I said with all of my Southern polite upbringing. (I had no quarrel with the receptionist; she’s one of the thousands of rank and file employees that Gov. Jindal holds in utter contempt so if anything, I empathize with her and others like her who most likely have not had a pay raise in something like four years now.)
After I explained that I was there to obtain public records, she picked up the phone and called someone—I assume Boggs’ office and explained that I wished to speak with him. She said a few words, listened for a few moments and then turned back to me. “How did you get here?” she asked.
A little irritated now, I said, “I walked in the front door downstairs.”
“No, how did you get up here?”
“I took the elevator.”
Somewhat exasperated at my not-so-artful dodging, she said, I mean, how did you get past the guard station? You’re not supposed to be up here.”
“Well, I signed in, told the guard I was going to another agency, which I did, and then I came up here.”
“Sir, you know that’s not the proper way to do things. You can’t just walk in here like that. You have to check in…”
“I did.”
“…Check in with the guard and call up here and we’ll send someone down to see you.”
“What? I’m already here now. Why can’t that ‘someone’ just come out and talk to me?”
“Because that’s not how we do it. Go downstairs, call up and we’ll send someone down to see you.”
Thoroughly agitated and by now having abandoned my genteel Southern upbringing, I stormed out muttering to myself about Darwin being correct after all and went back to the guard station downstairs. I dutifully placed my call and whoever answered (I don’t think it was the same person), said someone would be down to see me shortly. I told her to be sure to send someone in authority (as if that person even exists in this administration).
After about 15 minutes, a uniformed guard, a very polite and soft-spoken gentleman who had been at the guard desk the entire time, approached me to say DOA had just called him and instructed him to take my printed request and delivered it upstairs.
“No, sir,” I responded. “I want the custodian of the records who by law is required to provide me with the requested records.”
The guard smiled and said, “I’m only doing what I’m told. I work for them.”
“I understand that, but you’re not the custodian of the records,” I told him as I started dialing. As the phone rang, I further told the guard, “I want you to understand that I’m not offended in any way by you and I hope I haven’t offended you. It’s just that you are not the one with authority to release the records.”
“I understand,” he said, smiling.
I finally got yet another person (I think; I really could not distinguish the voices) and explained what I wanted. If I was angry before, the response I got sent me through the roof.
“Sir, we cannot give you the records today because we have to do stuff to them.”
“What?! I requested these records more than a month ago! What do you mean you can’t give them to me?”
“Sir, we have three days in which to give you the records…”
“No! No, you do not! The state public records law stipulates that you must allow me to examine and copy the records upon my appearance at your office. You do not have three days.” (If a record is unavailable, the custodian of the records has three days in which to respond in writing as to why the record is not available and to say when it will be available. That’s the only reference to three days in the statute.) http://www.tulane.edu/~telc/html/prr.htm
“Not only that,” I continued, “even if you did have three days, I submitted the requests on March 6 and March 10. Today’s the 16th of April. I think you’ve exceeded your mythical three-day time frame.”
“Sir, you are not allowed up here. We will get the information to you when we can.”
At that point, all I could do was go home and try to cool down. That didn’t happen. I’m still angry at a governor who could lie so convincingly about being “open and transparent” and yet allow this kind of thing to take place. And worse, I’m still angry that there are those who still believe the Jindal Lie.
And about that email: I guess it’s only appropriate that the building go into lockdown any time I cross the Amite River from Livingston Parish into Baton Rouge. At nearly 70 years of age and with a 180-pound body of sagging flesh draped across brittle bones, I guess I make a pretty imposing sight for Bobby Jindal, et al. (Of course, a Shih Tzu puppy could intimidate this governor.) Obviously I’m some kind of ogre against whom the state must be protected at all costs. A clear and present danger, as it were.
Borrowing a line from the intro of the Kingston Trio 1959 hit song, The MTA: “Citizens, hear me out. This could happen to you.”
Perhaps that is why State Rep. Jerome “Dee” Richard (I-Thibodaux) has introduced HB 19 this year in an effort to make records in the governor’s office more accessible to the public.
Richard, you may recall, is the one who sounded the alarm about the state’s failure to receive Centers for Medicare & Medicaid Services (CMS) approval of Jindal’s plan to privatize and close state medical facilities—a failure that Richard said could cost the state another $800 million in Medicaid funding.
HB19, co-authored by State Sen. Rick Gallot (D-Ruston), would make “all records of the governor’s office subject to public records laws”—with the usual exemptions for sensitive documents recognized for other agencies throughout local and state government, of course.
Richard is simply attempting to remove the cloak of secrecy that has existed since Jindal pushed through legislation in 2007 right after taking office that he said strengthened the state’s ethics laws but which in reality, gutted the ethics laws, diluted the Ethics Board’s authority and made records in the governor’s office off limits.
If you truly care about this state and sincerely wish to see a more responsive government in Baton Rouge, you might wish to send an email or make a telephone call to your legislators and talk up Richard’s bill.
Right now, even if it passes, it’s certain to be vetoed by Jindal. Only a groundswell of public support for the bill will convince the legislature to approve the bill and prevail upon Jindal to sign it into law.
Your diligence and information pertaining to the dismantling of our state is most appreciated. My fear that what our (I mean the Republican) “governor” has probably set our state back 40-50 years.
On another note, a number of friends have noted that the rest area on I-49 that is several miles north of 190 is being demolished. We live in Sabine and the stop is used by almost everyone on every trip to the South Louisiana area. Is this another Jindal method for “saving” state money?
I haven’t been that way in several years but am surprised it was still open. Every other one in the state I can think of has been demolished and restored to ground. I thought the only state provided rest stops anymore were at the borders with other states where you are informed you are entering “The Jindal Zone.” All state historic areas are also closed on Mondays and Tuesdays now. Now if they would just lock up that damn Governor’s mansion.
The little tin horn dictator strikes again. Tom, why can’t this be given to the Advocate or put in the associated press or even just a letter to the editor so that all of the people in Louisiana can be made aware of their shady deals. Praises to my Representative “Dee” Richard for his efforts.
I agree that this needs to get some publicity.
Yes dear lady, that’s what we’re worried about; the *stuff* you are going to do to them.
*Stuff* means destroy to them.
@Midnight 2: Exactly!
Sir, I would never have imagined that you were 70 years young! Your blogs reflect the energy of a 35 year old. Seriously! Thank you for keeping a fire lit under their tails!!
I am forwarding to Dee Richard and to my legislators.
As of Wednesday, no food deliveries will be made to any floors. They can only be dropped at the guard stations in buildings and then a rep from the offices will be called. Interesting timing, no? Tip: Next time don’t dress like a pizza delivery guy and expect to get in on the 7th floor. Such victims up there.
The number of incompetent, unqualified, and flat out paranoid individuals this governor has appointed to various departments and agencies is beyond laughable!
You may not have won today Tom, but you will in the end!
These games are played by the powers to be throughout state government. They even remove documents from files. There’s no accountability or consequences for any of these violations.
Write a letter to the Advocate and we can voice our opinions on there. Jindal and his minions read it daily.🙂
Agreed.
There was a time when the state had a bad reputation for being unresponsive to the citizens paying for its services. Oh wait, that’s now, isn’t it? Heightened security can be used for things other than safety – Of course, you are a dangerous looking character, so there’s that…. Seriously, keep on keeping on, Tom.
I am receiving multiple email replies to my comment. Ross Williams
Discussion of student databases added to the agenda at the last minute at BESE meeting.
http://www.nola.com/education/index.ssf/2013/04/discussion_of_student_database.html#incart_river_default
Thomas, Your post reminds me that Jindal when DHH Secty. had the first security guard and check in for the public. I told that story to a DHH employee last week and she stated they have to register and wait to be escorted upstairs in DHH’s building in Drennanville and they are DHH employees with ID badges as such. When I came to B. R. 30 years ago a few state police showed up during session and the Guv had a detail. Now you have state police, Capitol police, and private security in every building daily. As a protest I would deliberately not sign in and just act like I knew what I was doing when I had to visit a state agency. I’d probably get shot today. On a recent visit to Drennanville it occurred to me that those tremendous buildings don’t offer services to the public like the field offices that have been decimated under Jindal. One thing for sure there aren’t any layoffs in BR you still can’t park in any agency parking lot.
Sent from my iPhone
Hey, Joe. Good to see you’re still kicking. I haven’t been to the Capitol in 13 years and have never been to the Claiborne Building, but somebody I worked with in the budget office stopped by there a couple of years ago on a personal visit and they refused to buzz him in. Given the limited access anybody has to anybody in a position of authority anymore, it’s easy to understand why reporters often have to simply print whatever information they are given. The law, as evidenced by Tom’s experience, doesn’t mean much if it is simply ignored and there are no real consequences. Things are a lot different all around than when you and I were walking the halls regularly down there.
Good reading!
Maybe if you brought that Shih Tzu with you they’d faint dead away in fear and you could snatch the records you want? The thing is, Tom, you are just not understanding that a public record is not a public record until they make it public by giving it to you, so the law doesn’t apply yet. Now, if you already had the record, then it would be considered public and you could ask them for it. Of course, if you already had the record you would not need to venture out of your man cave and across the river, with or without your Shih Tzu. I am heading to King Alexander’s office at CSULB today to get his Cal Form 700s, which he has similarly declined to give us the past few days, claiming he didn’t know where they were, even though he just filed the latest one last week, and there are two functionaries on campus designated by law and by him (as President) to maintain those records and provide them to the public (for a xerox fee of $.10 per page) when asked. Wish me luck. Although I think whatever he didn’t want me to see is now moot since his deal with LSU has been affirmed.
Tom, please be more careful when visiting Information Retrieval and may Harry Tutttle be with you always!
Harry was my roommate back in med school in Berlin! 🙂
Second request – PLEASE stop forward NUMEROUS emails for same reply
I’m glad they didn’t tase you. Does it smell like BS up there on the 7th floor?
LOL…..SR, Tom probably stepped off the elevator and sank right up to his honey boo-boo in hockey du jour!
That bill needs some real teeth in it. Seriously when did it become acceptable to be unaccountable to the taxpayers?
in the new DANIEL DAY-LEWIS TRIPLE FEATURE you dont want to miss THE INSURANCE MAN which must have inspired BRAZIL. Dr kafka is as appetizing a character as john White!
Unbelievable. Louisiana is more and more like a police-state every day. How soon before various Private Companies are given contracts to provide “security” for every one of Jindal’s state lackies? Security so they can’t be approached by an ordinary peon-citizen, who might, you know, ask a question?
Would it do any good to sue under public information act by you, Tom? Would the judge also say they have to do stuff to it before handing it over? How many judges in LA are persuaded to Jindal logic (stuff)? What is the purpose of the freedom of information act if not realized to the public?
PLEASE STOP sending email every 15 minutes that is reply to this email (SINCE YESTERDAY)
Ross Williams
You have to wait three days, “What?”
Does this mean that records do not actually exist, as if it did exist?
Oh, the records most certainly do exist; they simply want to ignore my requests in the hope that I will give up and go away.
But guess what? I’m not going anywhere. If it necessitates a judicial order, I WILL get the records. Write that down and take it to the bank.
And that’s what I like about you, Tom! You know how to get their attention… Keep up the good work……
Un$#@$%&believable, Tom!!! I don’t know how you kept your cool, my friend!!!
The Jindal administration consist of bunch of insecure, egotistical, and paranoid who are scared of the public. It is past time for a citizens uprising.
That was a priceless story. It reminded me of Douglas Adams’ stories where some normal guy has a run in with bureaucracy. In one incident, a citizen relates what he had to go through to see a copy of the planning document that announced that his home was to be demolished to make way for a road bypass.
The document was “on display” in the bottom of a locked filing cabinet, in a disused restroom, with a sign on the door saying ‘Beware of the leopard.’ Oh, and the stairs leading to the restroom were broken, and the lights were burned out.
By the time he discovered the document, the time for public comment had expired, so they went ahead and demolished his home.
Of course, your experience wasn’t meant to be funny, and Jindal’s paranoia and control issues are the obvious reasons for that bureaucratic travesty.
Here is the scene I was talking about in which the guy has a run-in with the bureaucracy.
Notice Jindal sitting in his chair on the 4th floor at the Capitol on the news Thursday? The chair looked like it had never been sat in before, it was so new. Wait, it probably hadn’t been sat in before!!! What a waste of taxpayers money??? THE CHAIR AND THE GOVERNOR!!!