Â The project relies on a quirky index reminiscent of the Weather Channel, with bright sunshine on one end of the spectrum (completely open) and a dark sky on the other (completely closed). Access to the Legislature is well above average, even though the constitutional provision calling for such openness does not directly identify the body by name. Availability of election records pulled from state voting machines is another area that scored high on the index. Louisiana falls largely in the middle in most categories, although a few ' children's records for medical examiners, certain computer records, gubernatorial documents ' are second-to-last on the index, dubbed as "nearly dark."
There are always a dozen or more bills filed in every regular session of the Legislature that seek to chip away at public access to government documents. Barry Erwin, president of a Council for a Better Louisiana, a nonprofit that monitors the activities of state government, says that persistence may be more dangerous than the actual intent of the bills.
"It is very disconcerting," Erwin says. "It seems there is always an effort to create an exemption or find a loophole. Some years are worse than others, and you never know what's going to come up. They just keep coming back again and again. The good news, though, is that most of these bad bills usually get killed."
Baton Rouge Rep. William Daniel was pushing legislation that would have excluded law enforcement personnel records from public view, including disciplinary actions, but he pulled it from consideration in the face of opposition from the Louisiana Press Association and others.
"I'm not going anywhere with that bill," Daniel confirms, making this the second consecutive year he has personally introduced and then withdrawn the concept.
As one door closes, however, another opens. Rep. Clo Fontenot, a Livingston Parish Republican, has a bill that would expunge certain files related to internal police department investigations. If an officer is accused of a wrongdoing, then later found innocent, the charge could be removed from the officer's jacket. "But if the accusations are true, they stay in the record," Fontenot says.
Â Not only would the information be erased from documents available to the public for viewing, it would also be shielded from superiors and future employers.
Â On the state level, the Insurance Department wants to close off certain public records connected to companies that do business with the Louisiana Casualty and Surety Rating Commission. The measure by New Orleans Democratic Rep. Karen Carter, a New Orleans Democrat, identifies "biographical information" as being exempt from sunshine laws but offers no definition of the term.
Additionally, the Department of Transportation and Development has a set of bills filed for the session that would prohibit preconstruction estimates from being viewed by the public until all bids on the project are received.
Some of these concepts might not look like much on the surface, but Joe Cook, executive director of the Louisiana chapter of the American Civil Liberties Union, says they set a dangerous precedent if approved and applied the wrong way.Â
"It all depends on the legislative intent, but any time an exception is being made to government operating in the open, that should immediately raise questions," Cook says. "The price of liberty is eternal vigilance, and it pays to be vigilant any time the Legislature is in session."
On the flip side, a few current bills aim to further open up government to public inspection ' but aren't gaining much traction. A bill that would have made public certain documents in the governor's office ' just like the way all other state agencies are treated ' met a quiet defeat earlier this month.
Terry Ryder, executive counsel to Gov. Kathleen Blanco, rattles off a number of reasons that helped lawmakers torpedo the proposal. Information shared in the executive branch is sensitive, he tells them, and answering public requests of that nature would be too time-consuming for the staff. But most of all, the governor's ability to receive information freely would be obstructed.Â Â
Rep. Mert Smiley, a Republican from Port Vincent, notes an irony in the administration's opposition. He recalls how Blanco was elected as a reformer and how she has made ethics a central platform in nearly every session.
"I couldn't think of any way better to show transparency than this," Smiley says, referring to the defeated legislation.
New Orleans Rep. Peppi Bruneau has filed another version of the bill that would allow Blanco's personal records to remain sealed but open up all other sections of her office.
The ultimate responsibility of keeping an open government resides with the voters, who have the final say in how government should operate. Cook contends it is the only way to ensure accountability.
"Any time the government tries to do business behind closed doors and knock out the sunshine, it is a threat to freedom and democracy and accountability," Cook says. "Never forget: these people work for us and they should answer to us."
Joshua Dore of Breaux Bridge was sentenced Tuesday to 1.5 years in prison for counterfeiting, according to a press release issued by U.S. Attorney Stephanie Finley’s office on Wednesday.
School super Pat Cooper alleges Lafayette Parish School Board member Mark Allen Babineaux, an attorney, publicly disclosed the details of a closed-door executive session.
Sun Belt commissioner presents title and practice gets under way in preparation for Saturday
Kerry Bertrand’s charge was upgraded Tuesday by an Acadia Parish grand jury from manslaughter to second-degree murder for his alleged role in the drowning death of his stepdaughter, Skylar Credeur.
Sean Payton announced Wednesday that veteran Shayne Graham was New Orleans' new kicker, and that rookie Terron Armstead would get his first start at left tackle.
Here's your daily look at late-breaking national and international news, upcoming events and the stories that will be talked about Wednesday, December 18, 2013
Should new parents be required by law to attend special classes before being permitted to raise their child? It’s an idea state Rep. Regina Barrow, D-Baton Rouge, is seriously considering.
The agenda for Wednesday’s meeting of the Lafayette Parish School Board tells it all: The board has lost sight of its elected purpose.
A public Mass will be held Thursday in New Orleans for artist George Rodrigue, who died Saturday of cancer at age 69.
Eight former employees of The Times-Picayune have sued the newspaper and parent Advance Publications Inc., alleging their layoffs violated a longstanding "job security pledge" and age discrimination laws.
Gov. Bobby Jindal's administration hasn't done an independent performance review of its $363 million privatization contract for mental health and addictive disorder treatment services.
"Whether it's the tackle position, whether it's a player on defense ... we're going to look closely at what our options are and what gives us the best chance."
Get to Cajun Field today and show your bowl-bound pride
In the end, edge to Tulane, but the 12th man could be the deciding factor.
Says ATC Commissioner Troy Hebert, “Obviously, they are not responsible enough to have the privilege of selling alcohol. This blatant disregard of the law will not be tolerated.”
Louisiana's Department of Education isn't properly monitoring the state's voucher program to make sure students are placed in private schools that demonstrate student achievement and success, according to an audit released Monday.
Five members of the Lafayette Parish School Board are facing potential fines of as much as $1,400 for excessive absences from board meetings in 2013.
Acadiana (14-1) broke the state championship record for points and rushing yards, rolling up 670 yards. Photo by Buddy Delahoussaye
The artist who chronicled Cajun life and later found fame with his enigmatic “Blue Dog” images died Saturday in Houston after a long battle with cancer.
Screaming Eagles break record for most points scored. Photo by Buddy Delahoussaye
The agency previously had said the program raked in more than the $200 million used to balance the budget, but hadn't given a final tally of what was collected and what still was available for spending.
The board is scheduled to vote Friday on proposals from Alleva to make 150 different changes to prices for tickets and parking across university sports events.
It took a unanimous vote of the Youngsville Council to compel the mayor to pay some $7,500 in bills to a few vendors used by the city’s PD.
America is lost, says state Sen. Elbert Guillory, and that’s the reason he’ll be running for Lieutenant Gov. come 2015.
The Louisiana Supreme Court has punted on its first chance to decide whether a new state constitutional provision declaring gun possession a fundamental right could void a long list of criminal statutes that regulate firearms.