The Law

• The agency must respond to a request, either with documents or the reasons that documents could not yet be provided, within five business days.
• Applies to the executive branch.
• No administrative appeal option.

Supplemental

Public Records Law

The Details

Can you submit a request if you’re not a resident?

Generally, yes. However, requests made to the office of the governor are limited to residents of Louisiana. The records custodian for the governor’s office is allowed to require requesters to provide “sufficient information to establish the person’s identity, age, and residency in the state of Louisiana.” There are also limitations for residents in custody for a felony conviction (Louisiana Revised Statutes §44:31.1).

To whom does this apply?

“A.(1) As used in this Chapter, the phrase “public body” means any branch, department, office, agency, board, commission, district, governing authority, political subdivision, or any committee, subcommittee, advisory board, or task force thereof, any other instrumentality of state, parish, or municipal government, including a public or quasi-public nonprofit corporation designated as an entity to perform a governmental or proprietary function, or an affiliate of a housing authority.” Public Records Law

Executive?

Yes.

Judicial?

Yes.

Legislative?

Yes.

Is there a designated records custodian?

The “custodian” is the person responsible for custody of the records. This person isn’t necessarily specified.

(3) As used in this Chapter, the word “custodian” means the public official or head of any public body having custody or control of a public record, or a representative specifically authorized by him to respond to requests to inspect any such public records.

Louisiana Revised Statutes §44.1

Who is exempted?

Legislative records are covered by the law, but records involved with legislative investigations or other confidential matters may be deemed by court ruling or statute to be exempt from disclosure. Louisiana Revised Statutes §44.2

How can requests be submitted?

In-person?

Yes.

Verbally?

Yes.

By mail?

Yes.

By email?

Yes.

How long do they have to respond?

Within five business days, the agency is expected to respond to the requester, regardless whether processing is ongoing. Louisiana Revised Statutes §44.32.

Are there provisions regarding the extension of response times?

Within five days of submitting a request, a requester may initiate legal proceedings. However, there is no formal option for asking for or rejecting an extension of response time.

Does the agency have to give you a tracking number or estimated date of completion?

No.

Can they ask why you ask?

No, though they may ask the requester’s age and for a copy of identification.

“A. The custodian shall present any public record to any person of the age of majority who so requests. The custodian shall make no inquiry of any person who applies for a public record, except an inquiry as to the age and identification of the person and may require the person to sign a register and shall not review, examine or scrutinize any copy, photograph, or memoranda in the possession of any such person; and shall extend to the person all reasonable comfort and facility for the full exercise of the right granted by this Chapter; provided that nothing herein contained shall prevent the custodian from maintaining such vigilance as is required to prevent alteration of any record while it is being examined; and provided further, that examinations of records under the authority of this Section must be conducted during regular office or working hours, unless the custodian shall authorize examination of records in other than regular office or working hours.” Louisiana Revised Statutes §44.32

What enforcement?

One may sue.

“A. Any person who has been denied the right to inspect, copy, reproduce, or obtain a copy or reproduction of a record under the provisions of this Chapter, either by a determination of the custodian or by the passage of five days, exclusive of Saturdays, Sundays, and legal public holidays, from the date of his in-person, written, or electronic request without receiving a determination in writing by the custodian or an estimate of the time reasonably necessary for collection, segregation, redaction, examination, or review of a records request, may institute proceedings for the issuance of a writ of mandamus, injunctive or declaratory relief, together with attorney fees, costs and damages as provided for by this Section, in the district court for the parish in which the office of the custodian is located.” Louisiana Revised Statutes §44.35

Fees?

The agency may only charge fees for situations in which the requester asks to inspect records outside of regular business hours. They may charge “reasonable” fees for duplication.

“C.(1)(a) For all public records, except public records of state agencies, it shall be the duty of the custodian of such public records to provide copies to persons so requesting, unless the requestor fails to pay the applicable copying fees after being notified of the amount in advance of production or the requestor has an outstanding balance from a prior request. The custodian may establish and collect reasonable fees for making copies of public records, which may include the transmission of electronic copies of public records. Any custodian who elects to establish and collect such fees shall establish a reasonable fee schedule and post the schedule where it can be readily accessed by the public. The custodian may request payment of fees in advance of production. Copies of records may be furnished without charge or at a reduced charge to indigent citizens of this state.” Louisiana Revised Statutes §44.32(C)

Are there fee waivers for media requests or those made in the public interest?

There are no provisions regarding fee waivers for media. However, custodians may waive fees for indigent Louisiana citizens.

“Copies of records may be furnished without charge or at a reduced charge to indigent citizens of this state.” Louisiana Revised Statutes §44.32(C)

Attorney’s fees - Can you win them?

Yes, you may.

“D. If a person seeking the right to inspect, copy, or reproduce a record or to receive or obtain a copy or reproduction of a public record prevails in such suit, he shall be awarded reasonable attorney fees and other costs of litigation. If such person prevails in part, the court may in its discretion award him reasonable attorney fees or an appropriate portion thereof.” Louisiana Revised Statutes §44.35(D)

Resources

Organizations

Attorneys and Law Firms

The following attorneys and law firms have practiced public records law. Names marked with an asterisk have indicated a willingness to offer pro bono services on a case by case basis.

There are currently no experienced public records law attorneys that we know of in Louisiana. Write to us at info@MuckRock.com if you know of any and want to help us out!

Successful appeals

News Stories on Public Records Laws in the State

Blogs and feeds primarily focused on public records in Washington

Public Records Guide and Advice

RCFP exemption breakdown

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