While it would seem that our local media would have reported a lawsuit that held that a citizen who seeks public records from a government body, including a city, cannot force it to pay the penalties and attorney fees called for by the Public Records law and in which the attorney fees were owned as a result of a successful Public Records lawsuit by a citizen but payment was refused by the City of Alexandria, there was no mention of the case in the local media.
This is one of the leading cases in the state on Public Records.
To go along with Mr. Gill's article, read the following documents:
Mr. Gill wrote that state courts in Louisiana "will award you damages against government agencies that do you wrong", but if "they refuse to cough up, as they frequently do, there is nothing you can do about it". id.
Gill further wrote "That is a hell of a catch or, as the court of appeal in Lake Charles recently termed it, "a frustrating dichotomy for the state's judgment creditors". id. "The court so observed in a case that shows citizens who want the open government guaranteed by the state constitution had better be prepared to pay for it." id.
Of course what Gill is talking about was "The court in 2009 awarded Richard Heath costs and $2,500 in attorney's fees after he sued the city of Alexandria for denying him records to which he was entitled under the Public Records Act" but when "the city refused to pay his attorney's fees, Heath asked the court to enforce its judgment". id. What the 3rd Circuit ruled in Heath II was "No can do" id.
"No doubt this is wise policy; if government agencies couldn't welsh, they'd have nothing left to run the place", but "if they can string inquisitive citizens along with impunity, plenty of them will". id.
Gill wrote about the original Heath I case:
"When the city of Alexandria sued Heath, alleging he had overcharged for a fiber optics network, he filed a request under the law that requires public records to be produced immediately or, if that is not possible, within three working days. City attorney Charles Johnson refused and advised Heath the documents he sought could not be the subject of a public records request because of the pending litigation. They would have to be obtained through the process of discovery that precedes a trial, he said. Johnson was mistaken; the court of appeal later wrote, "The rules of discovery do not appear to have any bearing on a member of the public's right of access under the Public Records Law." When Heath finally got his records, it was not through discovery. They were faxed over when he filed suit under the public records law, two months after he made his request. A trial judge then threw out his suit, ruling "these proceedings moot" because he finally got the records he wanted. It was manifestly unfair to grant the city retroactive immunity and stick Heath with the tab, so the appeal court reversed, noting that the lower court ruling "would hinder the right of the public to have access to the public records, which is a fundamental right and is guaranteed by the constitution." (Heath II) Those stirring words apply with equal force to the ruling just handed down by the appeal court itself after the city refused to pay the fees and the district court rejected Heath's motion to compel. This time the appeal court had no choice but to agree with the trial judge; the state constitution is perfectly clear. You have the right to sue government agencies but the judiciary has no power to execute judgments. Whether to pay Heath was up to the city of Alexandria."id.According to the law, "any person who has been denied the right to inspect or copy a record" is entitled to "institute proceedings for the issuance of a writ of mandamus, injunctive or declarative relief, together with attorney's fees, costs and damages." id. "But the right to seek compensation is meaningless if it is entirely dependent on the good will and generosity of officials who wouldn't have been sued in the first place if they weren't recalcitrant. " id.
Gill summarized by writing:
"It would be going too far to say the public records law is useless. You can always sue to get the records you are entitled to. Just bring a few grand." id.
Thank God that we have the New Orleans Times-Picayune to get Alexandria news reported to us since it is often ignored by our so-called local news media.
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