Denham Springs $24 Fee Challenges Louisiana's Transparency Duty
Raising legal concerns under Louisiana's Public Records Law, R.S. 44:31.
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Your gateway to understanding how your city government operates, spends taxpayer dollars, and makes decisions that affect our community.
By Murray Wennerlund, published , updated .
Know Your Rights: Public Records Access
Louisiana Public Records Law (R.S. Title 44) guarantees your right to examine public documents. The City of Denham Springs is committed to facilitating access to public records in accordance with state law.
Louisiana Recovery Authority Oversight
The Louisiana Recovery Authority (LRA) is an independent, privately funded watchdog organization committed to transparency, federalism, and citizen oversight. It is not a government agency, but it highlights compliance with Louisiana's Public Records Law (R.S. 44:31), which defines the custodian's duty to provide free access to records during regular hours. In Denham Springs, our editorials and commentary emphasize civic accountability, ethics oversight, and the essential role of residents in monitoring government actions.
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Read EditorialsYour Public Records Rights
The Custodian's Duty vs. Permissible Fees
- Free Examination is the Rule: Louisiana law explicitly mandates that "No fee shall be charged to any person to examine or review any public records", except as specifically provided. No fee can be charged for examination to determine if a record is subject to disclosure.
- Permissible Fees are for Copying: The law permits custodians to establish "reasonable fees for making copies of public records," which may include transmission of electronic copies.
- Prohibited Fees: Hourly rates for "gathering, reviewing, and preparing documents" fall within examination and review activities for which the law states no fee shall be charged during regular office hours.
How Citizens Can Enforce Public Records Rights
1. Demand a Written Determination
The custodian has a strict time limit to respond to records requests. If a record is not immediately available, the custodian must certify this in writing and set a day and hour, within three days (excluding weekends and holidays), for inspection.
2. Institute Judicial Proceedings
If denied the right to inspect or copy a record, or if the custodian fails to respond within required timeframes, citizens may institute proceedings in district court.
3. The Burden of Proof Rests with the City
In any court action, the matter is determined de novo (anew), and the burden is on the custodian to sustain his action.
4. Financial Penalties Against the Public Body
Legal safeguards include:
- Mandatory Attorney Fees: Prevailing requestors are awarded reasonable attorney fees and litigation costs.
- Actual Damages and Civil Penalties: Courts may award actual damages for arbitrary or capricious withholding of records.
- Daily Civil Fines: Up to $100 per day for failure to provide proper notification.
These penalties are the responsibility of the public body, not individual employees.
