After many unsuccessful attempts at obtaining public records from the Department of Education (DOE) and just as many times of experiencing foot-dragging and outright denials from the department, LouisianaVoice has initiated litigation against DOE and Superintendent of Education John White.
The lawsuit, in addition to immediate release of requested public records, seeks payment of attorney fees, court costs and the imposition of applicable civil fines for non-compliance with the state’s public records laws (R.S. 44:1 et seq.).
It is at least the third such lawsuit filed against DOE over the past several months. Last year, the Monroe News Star filed suit over voucher records and DOE quickly provided access to the documents it had previously denied.
Last October, Research on Reforms filed suit in 19th Judicial District Court in Baton Rouge over DOE’s failure to comply with public records laws.
The Independent, a Lafayette newspaper, also experienced difficulty in obtaining public records from DOE. The department first responded that no such records existed but then said they would be made available. But before giving the records to The Independent, White had the information released to a favored reporter for the New Orleans Times-Picayune.
LouisianaVoice last month even attempted to have an intermediary, Board of Elementary and Secondary Education President Chas Roemer, explain the importance of compliance to White in an effort to settle the dispute amicably.
The LouisianaVoice lawsuit was filed in 19th Judicial District in Baton Rouge on Wednesday and was assigned to District Judge Janice Clark.
Here are some of our outstanding public records requests on which we have received no response:
• From: Tom Aswell
Sent: Tuesday, April 02, 2013 10:04 AM
To: john.white@la.gov; troy.humphrey@la.gov
Subject: PUBLIC RECORDS REQUEST
Pursuant to the Public Records Act of Louisiana (R.S. 44:1 et seq.), I respectfully request the following information:
Please allow me to review all contracts, purchase orders and authorizations to hire, executed and/or signed by Kunjan Narechania from January 1, 2012 through April 1, 2013. In providing these documents, please do not omit the signature page(s).
Please allow me to review all forms, including literacy, high school redesign and accountability authorized and/or signed by Kunjan Narechania from January 1, 2012 through April 1, 2013. Please include all signature page(s).
Please allow me to review all contracts, purchase orders and authorizations to hire executed and/or signed by Michael Rounds since his employment with DOE. Please include all signature page(s).
Please allow me to review all contracts, purchase orders and authorizations to hire executed and/or signed by David “Lefty” Lefkowith since his employment with DOE. Please include all signature page(s).
Please provide copies of all travel records/travel documents/travel reimbursements for David “Lefty” Lefkowith since his employment with DOE.
Please provide signed time sheets verifying David Lefkowith’s presence in the DOE offices since his employment with DOE.
• From: Tom Aswell
Sent: Thursday, April 18, 2013 7:55 PM
To: john.white@la.gov; joan.hunt@la.gov;
Subject: PUBLIC RECORDS REQUEST
Pursuant to the Public Records Act of Louisiana (R.S. 44:1 et seq.), I respectfully request the following information:
Please provide me with copies of any and all emails and other written communications, memorandums, letters or notes FROM and TO Hannah Dietsch dating back to the date of her employment as Assistant Superintendent of Workforce Talent which contain ANY reference to Value Added, Value Added Model, or VAM.
Please provide me with a list of all Recovery School District (RSD) employees who have received pay increases of 15% (fifteen percent) or more dating back to Jan. 1, 2012.
Please provide me with any and all emails, letters, notes and memorandums from John White relative to holidays for unclassified employees of RSD.
• From: Tom Aswell
Sent: Thursday, April 18, 2013 7:55 PM
To: john.white@la.gov; joan.hunt@la.gov;
Subject: PUBLIC RECORDS REQUEST
Pursuant to the Public Records Act of Louisiana (R.S. 44:1 et seq.), I respectfully request the following information:
Please provide me with copies of any and all emails and other written communications, memorandums, letters or notes FROM and TO Superintendent of Education John White dating back to Jan. 1, 2012 which contain ANY reference to Value Added, Value Added Model, or VAM.
Please provide me with a list of all Recovery School District (RSD) employees who have received pay increases of 15% (fifteen percent) or more dating back to Jan. 1, 2012.
Please provide me with any and all emails, letters, notes and memorandums from John White relative to holidays for unclassified employees of RSD.
• From: Tom Aswell
Sent: Friday, April 19, 2013 9:08 PM
To: john.white@la.gov; joan.hunt@la.gov
Subject: PUBLIC RECORDS REQUEST
Pursuant to the Public Records Act of Louisiana (R.S. 44:1 et seq.), I respectfully request the following information:
Please provide me with the opportunity to review the official letter or email that you sent to inBloom to cancel the data storage.
Here are excerpts from the Louisiana public records act:
PUBLIC RECORDS
The Louisiana Public Records Act, La. R.S. 44:1-41, and Article XII, Section 3 of the Louisiana Constitution grants any person a right to examine and copy public documents in the possession of the state and its political subdivisions. The Public Records Act enables Louisiana residents to become knowledgeable about state and local governmental activities and, thus, to participate more effectively in public debate.
WHAT ARE PUBLIC RECORDS UNDER THE ACT?
To be “public,” the record must have been used, prepared, possessed, or retained for use in connection with a function performed under authority of the Louisiana Constitution, a state law, or an ordinance, regulation, mandate, or order of a public body. This definition covers virtually every kind of record kept by a state or local governmental body. La. R.S. 44:1(A)(1). In Louisiana, a “public record” includes books, records, writings, letters, memos, microfilm, and photographs, including copies and other reproductions.
HOW TO MAKE A PUBLIC RECORDS REQUEST
You may also make an oral request in person to inspect a public record. At that time, the public record must be immediately presented to you, unless the record is not immediately available or is being actively used at the time. If the public record is not immediately available, the custodian must promptly notify you in writing of the reason why the record is not immediately available and fix a day and hour within three days (excluding Saturday, Sunday, and legal holidays) when the records will be made available (emphasis ours).
If you visit the agency in person, the custodian of the records must provide a reasonably comfortable place for you to review the records. The custodian may prevent any alteration of the record being examined, but the custodian cannot review anything in the requesting person’s possession (including notes).


