Here is the original public records request I submitted to Gov. Jeff Landry on Thursday:
From: Tom Aswell
Sent: Thursday, April 25, 2024 2:15 PM
To: GovPublicRecords@la.gov
Subject: PUBLIC RECORDS REQUEST
“Pursuant to LA. R.S. 44.1 (et seq.), I hereby submit my formal request for the opportunity to examine, inspect, and otherwise review all correspondence (including all emails and texts between Gov. Jeff Landry or any and all of his designees and State Sen. Heather Cloud relative to public records and Senate Bill 482. According to state law, I have the option of reviewing records before committing to any purchase of documents.
Thank you.
Here is the response from the governor’s office that I received on Friday (after I found it necessary to follow up with a gentle reminder):
From: Gov Public Records <GovPublicRecords@la.gov>
Sent: Friday, April 26, 2024 4:45 PM
To: Tom Aswell <louisianavoice@outlook.com>
Subject: RE: RESPONSE REQUESTED FOR PUBLIC RECORDS REQUEST
Mr. Aswell,
Our office received your public records request below, dated April 25, 2024, generally concerning “public records and SB 482”.
After reviewing your request, we find your request as it relates to “any and all of his designees” vague, overly broad, and unduly burdensome, and we ask that you please specify or narrow your request. Can you please specify or narrow your request to any particular employee or employees whose records you would like to request?
Additionally, can you please provide a date range for the records you would like to request? Please note the custodian for any records of the Office of the Governor prior to January 8, 2024 is the Louisiana State Archives, 3851 Essen Lane, Baton Rouge, LA 70809, pursuant to La. R.S. 44:5. You may make a public records request for the office of State Archives here: https://coraweb.sos.la.gov/Contact/ContactForm.aspx?recipient=Public%20Records%20Request&subject=Public%20Records%20Request%20Inquiry&returnto=/pages/default.aspx.
With regard to the remainder of your request, our office will begin determining what, if any, records are subject to your request, as well as any whether any exceptions or exemptions apply. Please note that pursuant to La. R.S. 44.1 et seq., and particularly La. R.S. 44:5, certain records may not be disclosed. You will be notified within 30 days of this email whether we have located any records responsive to your request, and what, if any, privileges may apply.
Thank you.
Jeffrey Wale Deputy Executive Counsel Office of Governor Jeff Landry Phone: (225) 342-7015 www.Louisiana.gov |
And, to bring you up to date, here is my response to Wale’s response (sent on Saturday):
Jeffrey Wale
Deputy Executive Counsel
Office of Governor Jeff Landry
Mr. Wale:
First of all, it is not “vague” or “overly broad.” My request is very specific in that I am asking for all communications between Gov. Landry and/or any of his designees and Sen. Heather Cloud relative to any proposed changes to the Louisiana Public Records statute, (LA. R.S. 44.1 [et seq.]). As you well know, Gov. Landry did not take office until Jan. 8, so I would think the date range is obvious. His “designee” would include anyone communicating with Sen. Cloud on Gov. Landry’s behalf about proposed changes in the public records law, but certainly I particularly want to examine all communications (emails, faxes, texts, etc.) between Gov. Landry and Sen. Cloud (limited specifically to public records) during the time period dating from Jan. 8, 2024, forward to the current date.
As for as my request being burdensome, that is a smokescreen argument. All you have to do is to type in key words, “Cloud” and “public records” on Gov. Landry’s email server and hit ENTER and presto, all relative emails on this subject will appear on your computer screen in a nano-second. And you do not have 30 days in which to comply. The law is quite clear on that. You may be familiar with this from Jeff Landry when he was the Louisiana Attorney General:
https://www.brla.gov/DocumentCenter/View/7145/LADOJ-Public-Records-Presentation-Outline
Here is a paragraph from the above document:
X. Timeline to Respond A. La. R.S. 44:33(B)(1) provides that if the public record applied for is immediately available, the public record shall be immediately presented to the authorized persona applying for it. B. La. R.S. 44:33(B)(1) provides that if the public record is not immediately available because it is in active use at the time of application, this shall be certified in writing and a time shall be set within three days for reviewing the record. C. La. R.S. 44:35(A) allows the custodian to send an estimate of the time reasonably necessary for collection, segregation, redaction, examination, or review of a records request. D. La. R.S. 44:32(D) states an exception shall be asserted within three days, exclusive of Saturdays, Sundays and legal public holidays, of the receipt of the request. An exception must be asserted in writing and refer to the provision of law that excepts such record. E. La. R.S. 44:33(A)(2) directs that, “if… segregating the record would be unreasonably burdensome or expensive… the official shall so state in writing and shall state the location of the requested record
Please comply in full with this request by close of business Wednesday, May 1, 2024.
And now we wait.