Tiffany A. Baker v. City of Leesville

CourtLouisiana Court of Appeal
DecidedNovember 20, 2013
DocketCA-0013-0480
StatusUnknown

This text of Tiffany A. Baker v. City of Leesville (Tiffany A. Baker v. City of Leesville) 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
Tiffany A. Baker v. City of Leesville, (La. Ct. App. 2013).

Opinion

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT

13-480

TIFFANY A. BAKER

VERSUS

CITY OF LEESVILLE, ET AL.

**********

APPEAL FROM THE THIRTIETH JUDICIAL DISTRICT COURT PARISH OF VERNON, NO. 87,227, DIV. B HONORABLE JOHN C. FORD, DISTRICT JUDGE

JIMMIE C. PETERS JUDGE

Court composed of Jimmie C. Peters, Elizabeth A. Pickett, and J. David Painter, Judges.

AFFIRMED IN PART, REVERSED IN PART, AND RENDERED.

Daniel E. Broussard, Jr. Broussard, Bolton, Halcomb P. O. Box 1311 Alexandria, LA 71309 (318) 487-4589 COUNSEL FOR PLAINTIFF/APPELLANT: Tiffany A. Baker

Aaron L. Green Vilar & Elliott P. O. Box 12730 Alexandria, LA 71315-2730 (318) 442-9533 COUNSEL FOR PLAINTIFF/APPELLANT: Tiffany A. Baker Jack L. Simms, Jr. Attorney at Law P. O. Box 1554 Leesville, LA 71446 (337) 238-9393 COUNSEL FOR DEFENDANT/APPELLEE: City of Leesville

Brian D. Cespiva Attorney at Law 711 Washington St. Alexandria, LA 71301 (318) 448-0905 COUNSEL FOR DEFENDANT/APPELLEE: Leesville Municipal Fire and Police Civil Service Board PETERS, J.

The plaintiff, Tiffany A. Baker, appeals a trial court judgment rejecting her

claim for statutory penalties and attorney fees associated with a public records

request to the Leesville Municipal Fire and Police Civil Service Board (Board) and

the City of Leesville (City). For the following reasons, we affirm the trial court

judgment with respect to the Board, but reverse the judgment with respect to the

City and render judgment in favor of Ms. Baker, awarding her attorney fees and

statutory penalties.

DISCUSSION OF THE RECORD

On July 25, 2012, Ms. Baker’s attorney forwarded a written request for

copies of public records to both the City and the Board. The requests, which were

made pursuant to La.R.S. 44:3, et seq., the Louisiana Public Records Law, sought

to obtain copies of the following documents or public records:

(1) Any and all documents, correspondence, ordinances, resolutions and any other documents that pertain to or involve the rate at which each rank of Leesville fire employees accumulate(d) annual leave from January 1, 2007 through present date;

(2) Any and all documents, correspondence, ordinances, resolutions and any other documents that pertain to or involve the policies and/or procedures adopted by the City regarding the accumulation or use of annual leave by Leesville fire employees from January 1, 2007 through present date;

(3) Any and all documents, correspondence, summaries and any other documents that list and/or describe the amount of annual leave accumulated and/or used by each current and former Leesville fire employee from January 1, 2007 through present date (we request that the name of each current and former fire employee be provided with the requested annual leave information, but that any and all private or sensitive information be redacted); and

(4) Any and all documents, agendas, meeting minutes, meeting recordings; meeting transcripts, or other documents pertaining or related to any and all meetings of the Leesville Municipal Fire & Police Service Board from January 1, 2012 through present date.

Both the City and the Board received a faxed copy of the request on July 25,

2012. The City received a duplicate original of the request by certified mail the

next day, and the Board received its duplicate original by certified mail on July 31,

2012.

The Board responded to the public records request through a July 31, 2012

letter from its attorney to Ms. Baker’s attorney which stated in pertinent part:

Please allow this correspondence to confirm our conversation this afternoon wherein you have granted the Leesville Municipal Fire and Police Civil Service Board an extension of time to respond to the public records request[.]

The City did not respond at all.

When neither the City nor the Board had provided Ms. Baker with any of the

requested documents by November 2, 2012, she filed the action now before us.

Naming both the City and the Board as defendants, Ms. Baker sought a judgment

awarding her a statutory penalty of $100.00 per day from each defendant for the

period beginning when the responses were due until the defendants properly

responded. Additionally, Ms. Baker sought a judgment awarding her a reasonable

attorney fee from each defendant.

Because Ms. Baker sought expedited consideration of her demands, the trial

court held a rule to show cause hearing on November 29, 2012. At the hearing,

counsel for Ms. Baker acknowledged that the Board had produced at least part of

the requested public records, but only after she filed suit. In defense of its inaction,

the Board introduced a copy of the July 31, 2012 letter to Ms. Baker’s counsel and

took the position that the extension granted by Ms. Baker had no termination date.

That being the case, the Board argued, the extension of time in which to respond 2 was still in effect when suit was filed. Counsel for Ms. Baker countered that the

extension was not intended to be “indefinite” or “open-ended” and that Ms. Baker

had expected a much earlier response.

When questioned by the trial court concerning the City’s failure to respond,

counsel for the City stated:

Well, Your Honor, it’s - - the answer is very simple. The request was made, it was my understanding after communicating with [counsel for the Board] we thought and we still do think that everything they’re requesting is on record with the Civil Service Board, not the City. But, be that as it may, if it were on record in the City they made the request, all they’ve got to do is come inspect and copy it. We don’t have to do that for them. That’s the law is they come over there and copy it. We don’t - - we don’t have to put an employee to work for two weeks doing that.

Later in argument to the trial court, counsel for the City stated that “[w]e assumed

that that was taken care of by the Board.”

The trial court took the matter under advisement and, on January 10, 2013,

filed written reasons for judgment wherein it recognized that both the City and

Board received the July 25, 2012 request for production of the public records; the

Board responded by asking for and obtaining an extension of time in which to

respond; and the City did not respond at all. However, despite further finding that

Ms. Baker was entitled to the requested public record, the trial court concluded that

La.R.S. 44:32(D) precluded an award of penalties and attorney fees.

Because the written reasons for judgment included a paragraph stating that

“IT IS ORDERED, ADJUDGED AND DECREED that a Writ of Mandamus issue

but without an award of penalties and attorneys fees[,]” Ms. Baker treated it as a

final judgment and timely perfected this appeal. In her appeal, she asserts in her

single assignment of error that the trial court erred in not awarding her penalties

3 and attorney fees against both the City and the Board for their failure to respond to

her public records request.

OPINION

The right of an individual to examine public records is statutorily provided

for in La.R.S. 44:31, which states that:

A. Providing access to public records is a responsibility and duty of the appointive or elective office of a custodian and his employees.

B. (1) Except as otherwise provided in this Chapter or as otherwise specifically provided by law, and in accordance with the provisions of this Chapter, any person may obtain a copy or reproduction of any public record.

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