Neither Mayor Nor City Council Has Authority to Alter Louisiana Public Records Law

April 17, 2011 0 Comments

CENTRAL — Despite what some people at Central City Hall may think, neither the Mayor nor the Central City Council has the legal authority to alter the requirements of Louisiana’s Public Records Law (R.S. 44:1 et seq), much less the Louisiana Constitution.

But that’s what some of them seem intent on trying to do.

It’s really very simple. Billing records of a city vendor are public records — all such records, all the time.

The Louisiana Constitution says “No person shall be denied… the right to examine public documents, except in cases established by law.”

Furthermore, the Louisiana Public Records Law provides some exceptions, but none of those exceptions apply to vendor’s bills, including bills from attorneys.

The Public Records Law requires custodians of records to produce public records immediately or at the latest within 72 hours.

The Mayor of the City of Central has no authority to prevent the release of such records and neither does the City Council. Nor do they have any authority to delay their release. Nor do they have the authority to create any kind of procedures relative to their release. State law is supreme in this area of the law, and municipal government has no authority to take away, delay, or encumber citizens’ right to access to public records.

The sooner public officials in Central realize they have to comply with the Louisiana Constitution and state law, the better off our community will be.

By Woody Jenkins, Editor, Central City News