Gannett River States Pub. v. Hussey

557 So. 2d 1154, 1990 WL 18578
CourtLouisiana Court of Appeal
DecidedFebruary 28, 1990
Docket21,586-CA
StatusPublished
Cited by21 cases

This text of 557 So. 2d 1154 (Gannett River States Pub. v. Hussey) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gannett River States Pub. v. Hussey, 557 So. 2d 1154, 1990 WL 18578 (La. Ct. App. 1990).

Opinion

557 So.2d 1154 (1990)

GANNETT RIVER STATES PUBLISHING d/b/a The Times, Plaintiff-Appellee,
v.
John B. HUSSEY and the City of Shreveport, Defendants-Appellants.

No. 21,586-CA.

Court of Appeal of Louisiana, Second Circuit.

February 28, 1990.
Writ Denied May 11, 1990.

*1155 City of Shreveport, Office of the City Atty. by Charles C. Grubb, Lydia M. Rhodes, Shreveport, for defendants-appellants.

Tucker, Jeter, Jackson & Hickman by W. Lake Hearne, Shreveport, for plaintiff-appellee.

Before HALL, JONES and SEXTON, JJ.

SEXTON, Judge.

Defendants bring this civil appeal from a district court judgment ordering them to permit plaintiff access to all records held by defendants relating to applicants for the position of chief of the Shreveport Fire Department. For reasons which will be considered below, we affirm.

FACTS

Following an announcement by its long-time chief that he intended to retire from the Shreveport Fire Department, the city of Shreveport contracted the services of a professional recruiter to assist it in hiring a new chief. In addition to those individuals who applied through the professional recruiter, several submitted applications directly to the mayor of Shreveport.

On June 2, 1989, a reporter for The Times of Shreveport hand delivered a written request to the mayor wherein she sought access to the names of individuals who had applied for the position. On June 5, 1989, the mayor denied the request, citing two reasons for this denial: (1) public interest would not be served by releasing such information because it would result in reducing the number of qualified applicants and (2) applicants have a right to privacy from unreasonable invasion under the Louisiana Constitution of 1974 which would be violated by such disclosure. The mayor attached to his letter an interoffice legal opinion prepared by the city attorney's office which outlined the situation and what was, in the attorney's opinion, the applicable law.

*1156 Plaintiff River States Publishing Corporation, d.b.a. The Times, filed suit on June 8, 1989, seeking a writ of mandamus and other relief under Louisiana's Code of Civil Procedure and Public Records Act from the city of Shreveport and its mayor, John B. Hussey. Counsel for The Times wrote to the mayor on June 9, 1989, clarifying and enlarging the original request made by the reporter to include "any and all `public records' ... which relate to, arise out of or are connected with the selection" of a replacement fire chief. Thereafter, plaintiff amended its petition to additionally seek whatever records were in the possession of the professional recruiter.

The matter was tried on June 29, 1989, and involved the testimony of four defense witnesses and five exhibits. After taking the matter under advisement, for oral reasons rendered on July 7, 1989, the district court ruled in the plaintiff's favor ordering the mayor and the city to permit access to those records pertaining to the selection of a new fire chief which were in their possession. However, the district court denied the plaintiff's request for those records which were in the possession of the professional recruiter and which had not been provided to the city. Additionally, because the district court found that the mayor had denied plaintiff's request based upon legitimate concerns as well as legal advice, he denied plaintiff's request for attorney fees. All costs of the proceeding were divided equally between the parties.

Defendants have appealed the district court decision, setting forth several theories and arguments in support of their position that the requested records are not public records or, alternatively, should not be discoverable under the Public Records Act. Plaintiff has answered the appeal seeking to have the district court's judgment amended to include attorney fees and to assess all costs of the proceeding below to the defendants.[1]

PUBLIC RECORDS

Defendants argue conclusively, with no supporting authority, that the records sought are not public records. In apparent support of this position, they point out that the district court concluded that all records in the possession of the professional recruiter and which had not been turned over to the defendants were not public records.[2]

Plaintiff points out that "public records" are defined broadly in Louisiana and they rely, in addition to the definition contained in LSA-R.S. 44:1 A(2), on a number of out-of-state decisions as support. The Louisiana Press Association reiterates this argument, further pointing out that the Public Records Act contains no exception to disclosure under the circumstances presented here.

The general definitions section of the act, LSA-R.S. 44:1, contains the following definition of public records:

(2) 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 or 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 any 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 *1157 provided in this Chapter or as otherwise specifically provided by law.

The mayor testified that under the city's charter one of his duties is to appoint individuals to fill certain positions, among them that of fire chief. He also testified that he was in possession of 21 applications which he had personally received, a booklet prepared by the professional recruiter reflecting applications of eight applicants, letters of recommendation, and general correspondence, all of which he was using in selecting the new fire chief.

We have no doubt that the documents sought by the plaintiff are public records under the definition above. They constitute

books, records, writings, accounts, letters,... memoranda, and papers ... or any other 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....

Defendants' argument to the contrary is without merit.

RIGHT OF PRIVACY

Having concluded that the requested documents in the possession of the defendants are public records, we now turn to the question of whether the district court correctly ruled that plaintiff was entitled to access to all those records in defendants' possession pertaining to the appointment of a new fire chief or whether access should have been denied pursuant to some constitutional, statutory, or jurisprudential exemption from disclosure.

On the one hand, plaintiff relies on two sections of the Louisiana Constitution of 1974:

Art. 1, § 7. Freedom of Expression

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Cite This Page — Counsel Stack

Bluebook (online)
557 So. 2d 1154, 1990 WL 18578, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gannett-river-states-pub-v-hussey-lactapp-1990.