Johnson v. Broussard

118 So. 3d 1249, 2012 La.App. 1 Cir. 1982, 2013 WL 2456212, 2013 La. App. LEXIS 1175
CourtLouisiana Court of Appeal
DecidedJune 7, 2013
DocketNo. 2012 CA 1982
StatusPublished
Cited by3 cases

This text of 118 So. 3d 1249 (Johnson v. Broussard) 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
Johnson v. Broussard, 118 So. 3d 1249, 2012 La.App. 1 Cir. 1982, 2013 WL 2456212, 2013 La. App. LEXIS 1175 (La. Ct. App. 2013).

Opinion

PETTIGREW, J.

lain this public records request case, the plaintiff, Randal Johnson (Mr. Johnson), was denied his request by the Louisiana Board of Pharmacy (the Board) to produce a digital copy of a computer database he alleged contained public record information. The trial court granted plaintiffs motion for alternative writ for mandamus, which was made peremptory after a hearing, by judgment signed October 4, 2012. The judgment ordered the Board to comply with plaintiffs request; ordered the plaintiff to pay reimbursement for the costs of fulfilling said request not to exceed $500.00; and, also, awarded the plaintiff attorney’s fees in the amount of $4,000.00 together with the costs of the proceeding. This appeal by the Board followed. After a thorough review of the record and applicable law, taking into consideration the concessions of plaintiffs counsel at oral argument, we amend the court’s judgment to modify the amount of reimbursement costs the plaintiff is ordered to pay. However, as modified, we affirm the judgment ordering the Board to comply with the public record request, finding the trial court did not err in granting the request.

FACTUAL BACKGROUND

On August 24, 2012, Mr. Johnson, a person well known in the pharmacy industry as the President of the Louisiana Independent Pharmacy’s Association (LIPA), in his individual capacity, made a public records request by way of email to Malcolm J. Broussard (Mr. Broussard), the executive director and record custodian for the Board, to produce a list of pharmacies, including the names thereof, the owners’ names, the mailing and physical addresses, the DEA, NCPDP 1, and permit numbers for each, the name of the pharmacist in charge at each, as well as the telephone, fax, and email contacts for each.

On that same date, Mr. Carlos Finalet (Mr. Finalet), general counsel for the Board, replied by email to Mr. Johnson’s email request, that the Board’s computer system was unable to generate reports compiling the list of information requested, but offered instead to generate a “simple mailing list, with name and address.” Mr. Finalet’s email also | vindicated that the Board’s system did not include pharmacy telephone or fax numbers, email addresses, and that the Board did not collect the NCPDP numbers. Mr. Finalet also responded that while the Board did collect and store each pharmacy’s DEA number, “I would suggest it might be bad public policy to release the DEA numbers (for obvious reasons).”2

[1252]*1252On September 4, 2012, Mr. Johnson again emailed Mr. Broussard, acknowledging the time constraints and resources necessary to meet his request, and in that email he agreed to modify that request to being provided with access to review the licensure database for pharmacies and pharmacists. Mr. Johnson advised that he would be accompanied to the review of the records by a “qualified professional” who would then digitally copy the information needed to compile the requested list of information onto his own storage equipment. He also requested that the Board notify him as to the time that such request could be honored.

Later that same day, Mr. Finalet replied to Mr. Johnson’s email request, advising him that Mr. Broussard was out of town until September 10, 2012, and that he (Broussard) as executive director would have to evaluate the staff resources of the Board upon his return to determine a proper schedule for Mr. Johnson’s review of the database.

Again, on that same date, Mr. Johnson replied that Mr. Finalet should take a look at the public records request statute (indicating that a public body is not allowed unnecessarily to delay providing requested public records) and reiterated his request that he be allowed access to the database by the end of that week. Mr. Johnson further advised that he did not foresee needing to utilize any of the Board’s own staff to access the database for the information he requested, so that no Board resources would be utilized in meeting his request.

RLater that same date, Mr. Finalet sent a reply email disputing Mr. Johnson’s assertion of the Public Records Law as a basis for his request. He indicated that the Board acknowledged the request for records that are public In nature, and its duty to provide him with access, but contested Mr. Johnson’s assertion that the records should be provided quickly without delay. Specifically, Mr. Finalet noted that the statute “does not state a specific time-line/deadline within which you shall have access.”

More significantly, Mr. Finalet replied that the files requested by Mr. Johnson, while containing public information, also contained “confidential information” such that the Board would have to retain a staff member to pre-review the files to separate the confidential information, and also, that the Board would charge Mr. Johnson for the staffs salary spent on compiling the public records requested. Finally, he reiterated that Mr. Johnson would have to await further instructions from Mr. Brous-sard regarding scheduling the request.

On September 8, 2012, by email, Mr. Broussard sent a comprehensive reply to Mr. Johnson, initially, stating the following:

With respect to our licensure information system, we are unable to create a computer screen shot that contains all the information you requested that does not also contain confidential information, such as social security numbers. Therefore, we are unable to grant you access to the licensure database. However, we can give you access to the files containing such documents used to create the database.

(Emphasis added.) The reply then posed numerous questions to Mr. Johnson related to limiting the scope of his request, ie., did it seek only information related to active status pharmacies, or restricted status as well; did it seek credentials related to only active status, or was it also seeking information on “inactive, suspended, revoked, closed, deceased?”; did it include [1253]*1253only pharmacies with Louisiana addresses, etc.

Mr. Broussard then advised that prior to Mr. Johnson’s review of the database, the Board would need to utilize a staff member to screen each file, find a way to block access to confidential information, and indicate a need to narrow the files requested so that no time or resource would be wasted screening unnecessary' files. He informed Mr. Johnson |sthat he would be responsible for reimbursing the Board for the labor costs for staff persons assigned to the request, as well as copying charges. He further advised Mr. Johnson that the estimated time for the pre-screening of the files in preparation of complying with his request would be “weeks and probably months.” Finally, he asserted his nonlegal opinion that the request was “overly burdensome” and that once Mr. Johnson could “clarify the magnitude of it,” the Board would then begin the pre-screening and advise Mr. Johnson when the files would be ready for review.

As discussed below, following receipt of the September 8, 2012 email from Mr. Broussard, plaintiff filed a petition for writ of mandamus ordering the Board to comply with his request. However, on September 19, 2012, plaintiffs attorney also sent an email to Mr.

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118 So. 3d 1249, 2012 La.App. 1 Cir. 1982, 2013 WL 2456212, 2013 La. App. LEXIS 1175, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-broussard-lactapp-2013.