Capital City Press v. Metro. Council

696 So. 2d 562, 1997 WL 362798
CourtSupreme Court of Louisiana
DecidedJuly 1, 1997
Docket96-C-1979
StatusPublished
Cited by49 cases

This text of 696 So. 2d 562 (Capital City Press v. Metro. Council) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Capital City Press v. Metro. Council, 696 So. 2d 562, 1997 WL 362798 (La. 1997).

Opinion

696 So.2d 562 (1997)

CAPITAL CITY PRESS and Mike Dunne
v.
EAST BATON ROUGE PARISH METROPOLITAN COUNCIL, Greater Baton Rouge Metropolitan Airport Authority and Don Nijoka.

No. 96-C-1979.

Supreme Court of Louisiana.

July 1, 1997.

*563 Lloyd Joseph Lunceford, Taylor, Porter, Brooks & Phillips, Baton Rouge, for applicant.

Dawn N. Guillot, Michael Elven Ponder, Baton Rouge, for respondent.

Larry Michael Roedel, John Dunbar Koch, David Alva Woolridge, Jr., Baton Rouge, for amicus curiae Louisiana Press Association.

VICTORY, Justice.

We granted this writ to determine whether the applications and resumes of applicants for the position of Assistant Director of Aviation of the Greater Baton Rouge Metropolitan Airport Authority are accessible by the press under Louisiana law. After reviewing the record, we hold that such applications and resumes are accessible.

FACTS AND PROCEDURAL HISTORY

After placing a notice in newspapers throughout the state advertising the positions of Director of Aviation and Assistant Director of Aviation of the Greater Baton Rouge Metropolitan Airport Authority, the East Baton Rouge Parish Metropolitan Council (the "Metro Council") received 118 resumes for these positions. Eleven of these applications were for the position of Assistant Director only, the other 107 were for both Director and Assistant Director. Mike Dunne, a reporter for the Baton Rouge Advocate newspaper, requested access to the following records: (1) all documents related to those applying for the positions of Director of Aviation or Assistant Director of Aviation; and (2) any lists created by Don Nijoka, the Metro Council's chief administrative officer, or his staff listing the names, addresses and any other information concerning applications for those positions.

On April 18, 1995, the Metro Council responded that it would produce all resumes of those selected as finalists, and, as to the remaining applicants, it would produce the resumes of the applicants who gave their consent to the disclosure. On April 19, 1995, the Metro Council chose the then-Assistant Director to fill the position of Director, leaving only the position of Assistant Director to be filled. After attempting to contact the remaining applicants to get their permission to disclose the requested information, the Metro Council provided Dunne with the names and resumes of all applicants who had given their permission, resulting in the disclosure of 85 of the 118 resumes submitted.

Mike Dunne and Capital City Press, publisher of the Baton Rouge Advocate, then filed a petition for injunction or writ of mandamus pursuant to the Public Records Law, La. R.S. 44:1, et seq., seeking access to the names and resumes of the remaining applicants for the Director and Assistant Director positions. After a trial, the trial court granted plaintiffs' request for a writ of mandamus and ordered defendants to produce a list of the names and resumes of all applicants for the position of Director, which included those applicants who had applied for the jobs of both Director and Assistant Director. However, the trial court denied plaintiffs' request regarding applications for the position of Assistant Director only, finding that the privacy rights of those individuals outweighed the public's right to know. The trial court also denied plaintiffs' request for attorney fees under La. R.S. 44:35.

Plaintiffs appealed and the first circuit court of appeal affirmed. Capital City Press and Mike Dunne v. The East Baton Rouge Metropolitan Council, et al., 95-CA-1345 (La.App. 1st Cir. 6/28/96), 676 So.2d 793. *564 Both courts relied on the case of Gannett River States Publishing v. Hussey, 557 So.2d 1154 (La.App. 2nd Cir.), writ denied, 561 So.2d 103 (1990), and held that in balancing the competing interests of the public's access to public records and the individual's right to privacy, the position of Assistant Director was a subordinate position to the position of Director, and thus the privacy interest of the applicants for that position outweighed the public's right to know. 676 So.2d at 798. We granted a writ to consider the correctness of this ruling. Capital City Press v. East Baton Rouge Parish Metropolitan Council, 96-1979 (La.11/15/96), 682 So.2d 745.

DISCUSSION

Disclosure of applications for employment

Under Louisiana law, any person of the age of majority may inspect, copy or reproduce or obtain a reproduction of a public record "except as otherwise provided in this Chapter or as otherwise specifically provided by law." La. R.S. 44:31. Any person who has been denied access to a public record may institute proceedings for the issuance of a writ of mandamus, injunctive or declaratory relief, together with attorney fees, costs and damages. La. R.S. 44:35 A. The public's right of access to public records is also found in the Louisiana Constitution, Article 12, Section 3, which states in part that "[n]o person shall be denied the right to ... examine public documents, except in cases established by law."

With regard to Article 12, Section 3, we have held as follows:

The right of the public to have access to the public records is a fundamental right, and is guaranteed by the constitution. La. Const. art. 12, § 3. The provision of the constitution must be construed liberally in favor of free and unrestricted access to the records, and that access can be denied only when a law, specifically and unequivocally, provides otherwise. Id. Whenever there is doubt as to whether the public has the right of access to certain records, the doubt must be resolved in favor of the public's right to see. To allow otherwise would be an improper and arbitrary restriction on the public's constitutional rights. (Emphasis added.)

Title Research Corp. v. Rausch, 450 So.2d 933, 936 (La.1984). Similarly, with regard to the statutory right of the public to examine public documents, we held:

The legislature by the public records statutes sought to guarantee, in the most expansive and unrestricted way possible, the right of the public to inspect and reproduce those records which the laws deem to be public. There was no intent on the part of the legislature to qualify, in any way, the right of access. [Cites omitted.] As with the constitutional provision, the statute should be construed liberally, and any doubt must be resolved in favor of the right of access.

Id. at 936-937; see also Dutton v. Guste, 395 So.2d 683 (La.1981).

There is no dispute that the applications for the positions of Director and Assistant Director are "public records" under La. R.S. 44:1 as they are "documentary materials ... having been used, being in use, or prepared, possessed, or retained for use in the conduct, 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 order of any public body."[1] La. R.S. 44:1 A(2) *565 provides that exceptions may be made "in this Chapter or as otherwise specifically provided by law" to the public records doctrine, and in fact La. R.S. 44:1 et seq. contains several exceptions.[2] La. R.S.

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Bluebook (online)
696 So. 2d 562, 1997 WL 362798, Counsel Stack Legal Research, https://law.counselstack.com/opinion/capital-city-press-v-metro-council-la-1997.