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1. What are public records?

Louisiana Revised Statutes 44:1A(2)(a) defines “public records” as: All books, records, writings, accounts, letters and letter books, maps, drawings, photographs, cards, tapes, recordings, memoranda, and papers, and all copies, duplicates, photographs, including microfilm, or other reproductions thereof, or any other documentary materials, regardless of physical form of characteristics, including information contained in electronic data processing equipment, having been used, being in use, or prepared, possessed, or retained for use in the conduct, transaction, or performance of any business, transaction, work, duty, or function which was conducted, transacted, or performed by or under the authority of the constitution or laws of this state, or by or under the authority of any ordinance, regulation, mandate, or order of nay public body or concerning the receipt or payment of any money received or paid by or under the authority of the constitution or the laws of this state, are “public records,” except as otherwise provided in this Chapter or the Constitution of Louisiana.

In other words, public records are any documentary materials without regard to their physical form or characteristics, which were used, are being used, or which were retained for use by a “Public Body.”

In the 21st century, this includes not only traditional paper records, but also digital records, including email, websites, social media sites, text messages, databases, and digital video, audio, and photograph files.

2. Is there a constitutional right to view public records?

The Louisiana State Constitution (Article XII, Section 3), provides that: No person shall be denied the right to . . . examine public documents, except in cases established by law.

Although this provision does not constitute an absolute guarantee, in most instances there is indeed a constitutional right to review these documents.

3. Who is responsible for making public records available to the public?

State Law (LA RS 44:1A(3)) provides that a “custodian” is the person who heads the public body, or a representative specifically designated by the head of the public body. If there is no designated custodian, the public agency head is the “custodian” by default.

4. How long must records be kept?

Some public records are permanent records and must be kept for all time, such as the conveyance records of real estate transactions at the Parish Court Clerk’s office (LA RS 44:36). The general rule for non-permanent records is that the record must be kept for at least three years, or the period prescribed by a retention schedule that has been filed with and approved by the Louisiana State Archives.

5. Is there information of public bodies that cannot be accessed by the public?

Yes. Title 44 of the Louisiana State Revised Statutes provides multiple exemptions due to confidentiality requirements and legislative exemptions. They include, but are not limited to:
- Records involved in a legislative investigation.
- Most records of law enforcement agencies pertaining to pending criminal litigation that exists or is anticipated to exist (except initial arrest/booking report).
- Certain tax records, welfare applications, and applications and disciplinary activities of many professional licensing boards.
- Minutes of executive sessions held pursuant to the Open Meetings Law (LA RS 42:17)

Section 4.1 of Title 44 was added by Act 882 of 2001, consolidating all exceptions not already included in the Title, referencing appropriate sections from the entire RS.

Finally, Section 13 of Title 44 specifically exempts records of library use and registration and these records are never disclosed by Shreve Memorial Library except when required by subpoena, search warrant, court order, or other legal action.

6. What about privacy concerns?

Article I, Section 5 of the Louisiana Constitution establishes the right to privacy so that persons are protected, not from all invasions of privacy, but only from “unreasonable” invasions of privacy. There are no legislative provisions that specifically define the parameters of this basic right, leaving that determination to the courts when the expectation of privacy is used to limit the right to inspect public records.

7. Are there limitations on who may examine the records?

Section 31 provides that any person may obtain a copy or reproduction of any public record, except as otherwise provided.

Any person over 18 has the right to inspect and copy a public record that is not exempt from examination, with the custodian bearing the burden of proof that the record is ineligible for inspection.

Requests to inspect, copy, or otherwise reproduce a public record may be made in person or in writing.

In addition, in the interest of transparency and open access to information, Shreve Memorial Library policy has waived the age requirement for accessing library records, making this option available to everyone.

8. What information will I be required to give in order to gain access to the public records?

When an in-person request is made, the only information a custodian may request is age, identification, description of the requested records, and signature in a register. The Shreve Memorial Library does not employ these requirements, save the description of requested records.

For written requests, the Shreve Memorial Library requires at least one form of contact information, as well as a specific description of the requested records.

9. Why must I include contact information when submitting a Public Records Request?

At least one form of contact information is required, so that we may notify you as to the status of your request. Contact information may include an email address, telephone number, fax number, or mailing address. You may provide more than one form of contact information; the more information we have, the easier it will be to reach you, and the faster we will be able to process your request.

10. What information should I include in the description of requested records?

When writing your description, please be as specific as possible. Include information like the category of records being requested, any pertinent topics, names, dates, or times, and any formats you wish to include or exclude, such as paper or electronic records. The more detailed your description, the more likely we will be able to provide you with the exact records you require in the shortest time period possible.

11. When can I inspect the documents?

The custodian must give all reasonable aid and comfort to the person desiring access to public records. The inspection must occur during regular business hours unless otherwise authorized by the custodian. If the requestor wishes to examine records outside of working hours, he may be required to provide advance payment for the custodian’s overtime pay. This arrangement will be made at the discretion of the custodian.

If a record is immediately available and is not actively in use, it must be presented upon request. If a record is not immediately available, it must be made available within three (3) days. If a record is absent from the office, the custodian must certify to the requestor the reason for the absence, current location, individual in possession of the record, and when it was removed from the care of the custodian. The certificate must include detailed answers to any questions posed by the applicant (LA RS 44:34).

12. How much does it cost?

A requestor may view records in person at no cost. For duplication costs, the Shreve Memorial Library has adopted a fee schedule which is available in person and on our website.

13. What if the record contains both public and private information?

The custodian may separate exempt matters from the public record and may observe the requestor to ensure confidentiality is maintained. The custodian will provide copies of public records at a reasonable charge, except when the requestor indicates he is indigent and submits a request for fee reduction or waiver.

If a request is made for a record that may be exempt from inspection, the custodian must made a determination, notifying the applicant in writing within 72 hours of the request.

14. What can I do if there is a violation?

Pursuant to LA RS 44:35, if an applicant has been denied the right to inspect a record by the custodian’s determination, or by the passage of five (5) days since the request, he may file a civil suit for mandamus, injunction, or declaratory relief and may receive attorney’s fees, costs of court, and damages if the suit is successful. The burden of proof is on the custodian to sustain his denial of access. Any non-compliance with an order of the court may be punished as contempt of court.
In addition, the Shreve Memorial Library provides an administrative appeals process. This option does not preclude your right to take legal action, but is simply another avenue available to ensure your request has been managed appropriately.

Section 37 provides that if a custodian or other person hinders a requestor attempting to inspect a public record, that individual shall be fined not less than $100 and not more than $1,000 for the first offense, and shall be put in jail for not less than one month nor more than six (6) months. Upon a second or subsequent conviction, the fine increases to not less than $250 up to $2,000 with a jail term from two to six months.

Title 14, Section 132 and 133, provides that whoever commits the crime of first degree injuring public records or filing false public records shall be imprisoned for not more than five (5) years with or without hard labor or shall be fined not more than $5,000. The crime of second degree injuring public records carries an imprisonment term of not more than one (1) year with or without hard labor and/or fines not to exceed $1,000.

15. What are my rights?

As a requestor, you have the right to:
- Provide only that information that is needed to fulfill your request.
- Examine public records created and maintained by the Shreve Memorial Library.
- Obtain a response within three (3) business days after the receipt of your request.
- Appeal a denial of your request.
- Apply for a fee reduction or waiver.
- View redacted and/or partial records if your request includes confidential records in which unfettered access may violate an individual’s right to privacy.
- Receive thorough, timely request and appeal responses.