The Price of Public Knowledge – Denham Springs $24 Fee Challenges Louisiana's Transparency Duty

Denham Springs, Louisiana – Citizens Challenge $24 Records Search Fee

Denham Springs, LA – The fundamental premise of democratic governance in Louisiana is that public business must be conducted in an open manner, ensuring citizens are "advised of and be aware of the performance of public officials". This principle is enshrined in the state's Public Records Law (R.S. Title 44). However, recent actions by the Denham Springs municipal government, specifically the imposition of hourly fees for processing public records requests, suggest a method of operation that may prioritize convenience over citizens' statutory right to free access.

The City of Denham Springs recently notified citizens that, due to increased volume and time commitment, they would begin charging a fee structure for Public Records Requests, including $24.00 per hour for time spent gathering, reviewing, and preparing documents. This new fee structure raises significant questions regarding the City’s adherence to state law, which generally aims to facilitate access to information.

 The Custodian’s Duty vs. The City’s Fees

Under Louisiana law, Denham Springs is a "public body," and the official managing records is the "custodian". Providing access to public records is explicitly defined as a "responsibility and duty" of the custodian's office and employees. Public records encompass all documentary materials, regardless of physical form or characteristics, including electronically stored information.

The state's legislation clearly delineates what fees can be charged:

1. Free Examination is the Rule: The law explicitly mandates that "No fee shall be charged to any person to examine or review any public records, except as provided in this Section". Furthermore, no fee can be charged for the examination or review undertaken "to determine if a record is subject to disclosure".
2. Permissible Fees are for Copying: The law permits custodians (excluding state agencies) to establish and collect "reasonable fees for making copies of public records," which may include the transmission of electronic copies. The City's imposition of a $1.00 per page fee for printed materials aligns with this copying allowance.
3. Prohibited Fees (The Core Conflict): The hourly rate of $24.00 for "gathering, reviewing, and preparing documents" falls squarely within the category of examination and review—activities for which the law states no fee shall be charged during regular office hours. The only exception allowing compensation for staff time is if the custodian authorizes the examination of records "in other than regular office or working hours," in which case the compensation must be paid in advance by the requestor. Since the City's email suggests the fee is a standard requirement for processing requests, this appears to be an attempt to charge for the custodian's administrative duty to locate and screen records, which is presumed to be a free part of the access process.

By charging an hourly fee for the administrative steps necessary to retrieve and prepare documents, the City may be seen as creating a financial barrier that arbitrarily or capriciously hinders the inspection of public records, which the law aims to prevent.

How Citizens Can Fight Back Against Attempts to "Silence" Access

If citizens of Denham Springs believe the city government is using unlawful fees to suppress research or government oversight, the Louisiana Public Records Law provides a clear and powerful pathway for legal enforcement, placing the burden squarely on the municipality.

1. Demand a Written Determination (The Five-Day Clock):

The custodian has a strict time limit to respond to records requests. If a record is immediately available, it must be presented immediately. If the record is not immediately available, the custodian must promptly certify this in writing and set a day and hour, within three days (excluding weekends and holidays), for the exercise of the right. If the custodian intends to deny or limit the request (e.g., by imposing an unlawful fee), they must notify the person in writing of their determination and the legal reasons for denial within five days (excluding weekends and holidays) of the request's receipt.

2. Institute Judicial Proceedings:

If a citizen is denied the right to inspect or copy a record, or if the custodian fails to provide a determination within the required five days, the citizen may institute proceedings in the district court for the parish where the custodian's office is located. The court is empowered to issue a writ of mandamus or grant injunctive or declaratory relief to order the production of records improperly withheld.

3. The Burden of Proof Rests with the City:

In any court action brought to enforce the Public Records Law, the matter shall be determined de novo (anew), and the burden is on the custodian to sustain his action. Furthermore, the legislature recognizes that exceptions, exemptions, and limitations must be specifically provided for in the Public Records Chapter or the Constitution, and any exception not provided for shall have no effect. The City cannot simply invent a fee for basic staff time.

4. Financial Penalties Against the Public Body:

The most significant legal safeguard against attempts to "silence the people" is the financial penalty structure imposed on non-compliant public bodies:

• Mandatory Attorney Fees: If the person seeking the record prevails in such suit, he shall be awarded reasonable attorney fees and other costs of litigation.
• Actual Damages and Civil Penalties: If the court finds that the custodian arbitrarily or capriciously withheld the requested record or unreasonably or arbitrarily failed to respond to the request, the court may award the requestor any actual damages proven.
• Daily Civil Fines: The court may also award civil penalties not to exceed one hundred dollars per day (exclusive of weekends and holidays) for each day of failure to provide notification.

Crucially, the law specifies that no person shall be personally liable for these penalties; instead, the public body (the City of Denham Springs) shall be responsible for such penalties. This ensures that the financial cost of suppressing public records falls on the municipal government itself, serving as a powerful deterrent against unlawful obstruction.

Citizens seeking public information in Denham Springs should understand that their right to examine records is protected by the foundational policy of liberal construction to facilitate, rather than hinder access. Paying an hourly fee for research labor during normal business hours is likely contradictory to the express text of the state law, and citizens have clear, powerful legal recourse to challenge such practices.

Transparency is not a privilege granted by the city, it is a duty owed to the people under Louisiana law.