We tried repeatedly to warn the Louisiana Department of Education (DOE) and Education Superintendent John White:
• Sent: Thursday, April 18, 2013 7:55 PM
To: john.white@la.gov; joan.hunt@la.gov
Subject: PUBLIC RECORDS REQUEST
I should not have to remind you that you are answerable to the people of this state whether or not you like it, whether or not you like me personally, or whether or not these records cast you in a bad light. The fact is, you have no recourse but to comply with the laws of the State of Louisiana—or suffer financial penalties as a result of litigation.
• Sent: Thursday, April 18, 2013 7:55 PM
To: john.white@la.gov; joan.hunt@la.gov
Subject: FIRST FOLLOWUP ON PUBLIC RECORDS REQUEST (COPIED TO ATTORNEY J. ARTHUR SMITH)
Should you attempt to prevent disclosure of any of the documents requested by any method, including a claim of deliberative process, or by saying the records do not exist and I subsequently come into possession of these documents (as I most certainly will, though it may take time), I will pursue all legal means available to me against the department, John White and any other individual who takes part in such a ruse.
• Sent: Saturday, May 04, 2013 11:42 AM
To: john.white@la.gov; joan.hunt@la.gov; troy.humphrey@la.gov; ‘jason.hannaman@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 the opportunity to review each of the multiple layoff plans submitted to Civil Service by the Louisiana Department of Education that are currently awaiting consideration by the Civil Service Commission.
Also, remember there is no such thing as a “three-day” deadline to produce records; they are to be provided immediately under statute, subject to penalties of $100 per day and the meter is already running on several other requests.
• Sent: Monday, May 06, 2013 4:25 PM
To: joan.hunt@la.gov; troy.humphrey@la.gov; john.white@la.gov
Subject: PUBLIC RECORD REQUEST
I would remind you that the Louisiana public records laws are quite specific about the time you are allowed to respond to this request. There is no “three day waiting period” as some believe. Please do not try to delay release of these public records.
On most occasions, it is generally accepted that one should be a gracious winner by exhibiting the customary display of humility and sportsmanship.
This is not one of those times.
Repeated attempts at obtaining what are clearly public records from White and his DOE have met with obstacles and frustrations ranging from denials that requested records exist to interminable—and illegal—delays to simply having our requests ignored.
There were other similar requests likes the ones listed above, accompanied by similar warnings of potential legal action—many others.
Finally, our patience worn thin, LouisianaVoice filed suit a couple of weeks ago.
What followed was, in the approximate order:
• The setting of a trial date of Monday, May 13 (today) by 19th Judicial District Judge Janice Clark;
• A flurry of responses to numerous long overdue records requests from DOE as if to say late compliance equated to full compliance (it doesn’t);
• A status conference last Friday (May 10) at which Judge Clark made known her intent to enforce the letter of the law regarding the state’s public records laws;
• DOE’s sudden show of repentance and an offer to settle the matter out of court;
• A final settlement approved by Judge Clark in court on Monday.
The lawsuit was a no-brainer from the get-go. The public records law is quite specific as to what is public record and the responsibilities of the custodian of the record(s) to make said record(s) available upon the appearance of any Louisiana citizen 18 years of age or older so requesting any public record(s).
Should a record not be available or in use at the time of the request, the custodian must notify the person making the request in writing as to when, within three days, the record shall be available for inspection.
The Division of Administration (DOA) on one of our recent visits was apparently not so clear on that point. A spokesperson for DOA assured LouisianaVoice that it had three days to make the record available. Not so. Take note of that, Kristy Nichols (Commissioner of Administration) and DOA legal counsel David Boggs; it may come up again.
The custodian must make the record(s) available for inspection and may charge up to 25 cents per page for any copies the requestor may want. The requestor, however, is not required to purchase copies he/she does not want. Moreover, should the requestor possess a portable scanner, he/she is free to copy as many pages as he/she likes into his/her scanner at no charge (First Commerce Title Co., Inc. v. Martin, Second Circuit Court of Appeal, 2005). The legal eagles in Gov. Bobby Jindal’s office might wish to make note of that so they don’t repeat that mistake.
And just in case you might be wondering, here are the terms of our settlement with White and DOE:
• The Department of Education must make available by close of business on Friday, May 17, 2013, all outstanding requests for public records from LouisianaVoice and Tom Aswell, including a list of DOE employees who are alumni of the New Teacher Project, Teach for America and/or the Eli Broad Academy—information DOE previously said it did not have;
• DOE must pay all court costs incurred by LouisianaVoice and Tom Aswell;
• DOE must pay the attorney fees for J. Arthur Smith, legal counsel for LouisianaVoice and Tom Aswell;
• DOE must pay $100 per day for each day that it was late in responding to each request for public records made by LouisianaVoice and Tom Aswell.
Altogether, the attorney fees, court costs and $100 fines come to about $6300.
That’s $6300 of your money the Louisiana Department of Education and John White could have saved state taxpayers simply by complying with the state’s public records laws.
We can’t help it. Sometimes you earn the right to gloat and be a little smug, sportsmanship and protocal be damned.
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