What's a Public Record, Daddy?
The Louisiana Public Records Act is found in Title 44 of the Louisiana Revised Statutes. First off, we start with the assumption that every document, in whatever form, be it document, map, recording, email message, tape, etc., held by any public agency,or by any business on behalf of a public agency, is a public record. Of course, there are numerous exceptions. Personal information of an employee such as medical records and social security numbers are exempt from the definition. Also, any document involved in an ongoing criminal investigation is excluded. Certain proprietary information produced by a private company such as electronic well surveys held by the Office of Conservation are excluded. These are only three of many exceptions. Usually there is an obvious rational reason for the exclusion. An employee has a reasonable expectation of privacy in his personal information, for example.
It is the duty of the custodian of any given public record to make it available to any adult who so requests. You can examine the record and have it copied. The custodian may not inquire why you want to see the record you are requesting or look over your shoulder. Your examination of the record must be during normal business hours of the public agency. The custodian may charge a reasonable fee for copies.
A typical example is clerk of court's conveyance records. You need a copy of your deed. You go to the clerk of court's office and tell them what you need. They'll find it for you. You can look at it, or any other record in that office, for as long as you want between 8:30 and 4:30. If you want a copy, you plunk down your dollar per page fee and, in a jiffy, you have your copy. Public records problems usually arise with agencies that are not accustomed to people asking for them, such as districts, or agencies that have something to hide such as the Lafourche Parish Council administration.
If the custodian has a question whether a certain document is a public record, he must inform you in writing within three days, exclusive of Saturdays, Sundays, and legal public holidays, of the receipt of your request to examine the document of his determination and the reasons, including "a reference to the basis under law which the custodian has determined exempts a record, or any part thereof, from inspection, copying, or reproduction."
If the custodian denies you the right to inspect or copy a record, either by a final determination in writing or by the passage of five days, exclusive of Saturdays, Sundays, and legal public holidays, from the date of your request without receiving a final determination in writing by the custodian, you may file suit for the issuance of a writ of mandamus, injunctive or declaratory relief in the district court for the parish in which the office of the custodian is located. Depending on how intransigent the custodian is, you may recover attorney's fees, costs and damages and the custodian may be personally liable, meaning the money will come from her pocket, not the public agency's. There are also criminal sanctions the custodian may be exposed to.
In my public records requests to the Parish, they blackened certain information. I believe this information is not exempt from the public records law. I may file suit to have a court determine whether the information is, in fact, public information and ask the court to order the Parish to provide the documents uncensored.
There it is, your very own personal lesson in basic Louisiana public records law. Go forth and examine the public record! It's your right!
The Louisiana Public Records Act is found in Title 44 of the Louisiana Revised Statutes. First off, we start with the assumption that every document, in whatever form, be it document, map, recording, email message, tape, etc., held by any public agency,or by any business on behalf of a public agency, is a public record. Of course, there are numerous exceptions. Personal information of an employee such as medical records and social security numbers are exempt from the definition. Also, any document involved in an ongoing criminal investigation is excluded. Certain proprietary information produced by a private company such as electronic well surveys held by the Office of Conservation are excluded. These are only three of many exceptions. Usually there is an obvious rational reason for the exclusion. An employee has a reasonable expectation of privacy in his personal information, for example.
It is the duty of the custodian of any given public record to make it available to any adult who so requests. You can examine the record and have it copied. The custodian may not inquire why you want to see the record you are requesting or look over your shoulder. Your examination of the record must be during normal business hours of the public agency. The custodian may charge a reasonable fee for copies.
A typical example is clerk of court's conveyance records. You need a copy of your deed. You go to the clerk of court's office and tell them what you need. They'll find it for you. You can look at it, or any other record in that office, for as long as you want between 8:30 and 4:30. If you want a copy, you plunk down your dollar per page fee and, in a jiffy, you have your copy. Public records problems usually arise with agencies that are not accustomed to people asking for them, such as districts, or agencies that have something to hide such as the Lafourche Parish Council administration.
If the custodian has a question whether a certain document is a public record, he must inform you in writing within three days, exclusive of Saturdays, Sundays, and legal public holidays, of the receipt of your request to examine the document of his determination and the reasons, including "a reference to the basis under law which the custodian has determined exempts a record, or any part thereof, from inspection, copying, or reproduction."
If the custodian denies you the right to inspect or copy a record, either by a final determination in writing or by the passage of five days, exclusive of Saturdays, Sundays, and legal public holidays, from the date of your request without receiving a final determination in writing by the custodian, you may file suit for the issuance of a writ of mandamus, injunctive or declaratory relief in the district court for the parish in which the office of the custodian is located. Depending on how intransigent the custodian is, you may recover attorney's fees, costs and damages and the custodian may be personally liable, meaning the money will come from her pocket, not the public agency's. There are also criminal sanctions the custodian may be exposed to.
In my public records requests to the Parish, they blackened certain information. I believe this information is not exempt from the public records law. I may file suit to have a court determine whether the information is, in fact, public information and ask the court to order the Parish to provide the documents uncensored.
There it is, your very own personal lesson in basic Louisiana public records law. Go forth and examine the public record! It's your right!
posted by Carl A. Chauvin at 11:29 PM
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