There are certain procedures that must be followed in submitting public records requests to public agencies and with many agencies, if the procedure is not followed to the letter, you will find cooperation nonexistent.
Such is the case with Dr. Arnold Feldman, a pain management physician whose license was suspended by the Louisiana State Board of Medical Examiners which, just to be sure that he has been silenced, imposed a half-million dollar fine against him.
Dr. Feldman is unfamiliar with the proper method of making public records requests, as evidenced by a number of his requests that LouisianaVoice has obtained. For example, he has on occasion asked for general information instead of requesting specific documents.
In such cases the board, like many state agencies, is unforgiving, responding that his request is “overly broad” without explaining how—or by not responding at all.
It helps if you preface your request with: “Pursuant to the Public Records Act of Louisiana (R.S. 44:1 et seq.), I respectfully request the opportunity to review the following information:”
Then you may wish to quote certain passages from the state’s public records statute, i.e. the penalties that non-compliance with the request carry. That puts officials on notice that you are knowledgeable about the public records statute.
And even though Dr. Feldman’s request did not follow these procedures, there are those occasions where the official response is so absurd that the official efforts to deny information becomes obvious.
For example, Dr. Feldman made one request that granted, did not follow protocol when he inquired as to whether or not Hammond attorney George M. Papale had ever been elected as a judge (he has not).
And while the request itself did not specifically ask for a public record, the board’s response in a JULY 9 LETTER by Dr. Vincent Culotta, executive director of the board, was laughable—and incorrect:
“…responses to public records requests are sometimes done with the assistance of counsel and we object to producing such information such information for your request on grounds of attorney-client and work product privileges.”
That is pure B.S. and Culotta knows it. And if he doesn’t, he should be fired because it’s part of his job to know.
Virtually every state agency, upon receiving any request for public records, runs that request by its legal counsel—meaning that practically all public records requests are done “with the assistance of counsel.”
By that line of reasoning, all public records requests could be refused.
A week earlier, in a JULY 2 LETTER, Dr. Culotta responded to Dr. Feldman:
“Specifically, you requested: ‘Has George Papale, who has been paid by this board, ever been an elected judge? Please provide me with a copy of his complete file.’
“I outline for you the objections of the Board to the scope of your request and specifically assert these objections to the production of any of the materials listed therein, if any exists, for the following, non-exhaustive reasons:”
One of the reasons given cited a state statute which provides that the “records and documents in the possession of any agency or any officer or employee thereof, including any written conclusions therefrom, which are deemed confidential and privileged shall not be subject to subpoena by any person or other state or federal agency.”
The key here is the phrase “which are deemed confidential and privileged.”
In the case of all public employees, from the governor on down, certain information is considered public information. This includes job titles, dates of hire and termination, salaries, official travel records, and expense vouchers (hotels, meals, mileage) and payments. In the cases of contract employees, copies of such contracts, terms of payment, job duties, invoices and payments are all considered public records.
How do I know this? I have made similar requests—and received documents—from many state agencies, one of the most frequent being the Louisiana State Police and the Department of Public Safety and Corrections.
In cases of denial of a valid request, the requester may file a lawsuit against the agency and the person making the decision to deny the records. If the requester prevails, the agency or individual making the decision can be fined up to $100 per day, plus court costs and attorney fees, for denial of each request.
How do I know this? I have been successful in three of four lawsuits over public records or illegal executive sessions of a public body.
As with the State Board of Dentistry, the Board of Medical Examiners is flexing its enforcement muscle against those who do not have the expertise or the financial resources to fight back. A half-million-dollar fine is overkill in every possible consideration. Doctors and dentists have been broken and their careers left in tatters because of similar oppressive, dictatorial actions and it’s long past the time they should be reined in.
And for the record, attorney George Papale is still under contract to the Board of Medical Examiners even after his—and his daughter’s—employment was TERMINATED by another regulatory board, the Louisiana Physical Therapy Board.
The two attorneys had their contracts terminated following widespread complaints about the board’s handling of sexual misconduct cases.
The board was ripped by lawmakers after it was learned it had failed to revoke licenses after physical therapists settled claims of sexual misconduct with patients.
Baton Rouge physical therapist Philippe Veeters was charged with sexual battery and accused of assaulting nine patients but instead of revoking his license, the board merely suspended his license for nine months, prompting State Sen. J.P. Morrell (D-New Orleans) to call the action a “slap on the wrist.”
Dr. Feldman should re-phrase his requests and if unsuccessful, seek a legal solution.
That’s not legal advice; it’s advice from one who has been down the same road on many occasions.
Well, all I can say is that we all know it’s sad when even Legislative Auditor Daryl Purpera has to sue these state agencies to gain access to records for AUDIT purposes (see beginning at 28:52 mark of this video: https://youtu.be/q_oJcbRsq5g).
The medical board sucks just like the dental board. Neither of them want sunlight let in or any kind of transparency. They have too much to lose. So the cover up continues. Louisiana deserves better.