Louisiana Senate Bill 482 would gut public records access as we know it by allowing Gov. Jeff Landry, his cabinet officials, state government generally — and local elected officials as well — to keep us all in the dark about what they're up do.
It would benefit furtive public officials, for sure — but not anyone else who lives, works or does business in Louisiana. We've heard from the governor and some legislators. All I've heard from local officials is ... crickets.
Last week, the Senate and Governmental Affairs Committee approved the bill, by Sen. Heather Cloud, R-Turkey Creek, by a 6-2 vote.
Steven Procopio, president of the Public Affairs Research Council of Louisiana (PAR), said Cloud's bill would have "far-reaching consequences." He added, "This is not just the governor's office — it's any state agency, any local agency. It is a serious problem."
Dr. David Cuillier, director of the Freedom of Information Project and co-director of the Brechner Center for the Advancement of the First Amendment at the University of Florida, told Fox 8 News the measure would be "a big mistake."
Louisiana already ranks among the lowest states — 43rd out of 50 — for compliance and transparency, Cuillier noted. He predicted we would fall to the bottom of the heap if SB 482 becomes law.
Cloud's bill, which Landry wholeheartedly supports, would excempt from the Public Records Law virtually all communications "reflecting advisory opinions, recommendations and deliberations comprising part of a process by which governmental decisions and policies are formulated."
Those "deliberative process" exemptions would apply to all local officials as well as the governor and state agencies. That includes district attorneys, sheriffs, city councils, police juries, mayors, parish presidents, local department heads — every official at every level of government in Louisiana.
So, where do local leaders stand on this issue?
I don't have time to ask every local official in Louisiana that question, but I did ask a few.
Lake Charles Mayor Nic Hunter "would like to refrain from issuing any type of comment on pending legislation"— unless SB 482 "crosses the finish line," according to Hunter's public information director.
Jefferson Parish President Cynthia Lee Sheng didn't respond to my request.
New Orleans Mayor LaToya Cantrell's communications team said, "The City of New Orleans does not have a comment on SB 482."
Shreveport Mayor Tom Arceneaux said via email that he hasn't read the bill and cannot respond. I suggested he read it — soon.
Louisiana isn't the only place where public records are under attack. Republican North Carolina lawmakers last autumn exempted themselves from that state's public records law — and the Democratic governor there couldn't stop it because the GOP has a legislative supermajority.
This newspaper files hundreds of public records requests each year, always with the goal of telling the public what's going on and revealing things officials would prefer to keep under wraps.
Public records laws aren't just for journalists, however.
The Concerned Citizens of St. Tammany called Cloud's bill "a pathway to more corruption" in a Facebook post. Terry King, an advisory board member of CCST and leader of the group's citizens investigative committee, told me his group files public record requests at least twice monthly, and sometimes twice weekly because they're a "government watchdog group" — not journalists.
Michael Lunsford, a Christian activist and executive director of the conservative Citizens for a New Louisiana, also advocates for government transparency. He calls SB 482 an effort to have "no public records for anyone from anywhere for anything."
Like me, King and Lunsford can't recall any local officials speaking up about Cloud's bill.
"They're all scared of the governor," said King. "Most of them are cowards."
Lunsford was uncomfortable with the bill as drafted because it was too broad and wouldn't have helped transparency. He's confidant that an amended version will be more narrow.
King thinks it's a "no-win" for them: They can't be "in favor of darkness" and they dare not oppose a vengeful governor.
Maybe some are afraid. I've asked to see the names of those who submitted green cards supporting the bill in committee and red cards opposing it. Maybe some are among those groups. I'll report back -- if I get a response to my public records request.
There was a bright spot in my unofficial poll of elected leaders.
"I am in no way supportive of the wholesale closure of public records in state and local agencies," Baton Rouge Mayor-President Sharon Weston Broome said in a statement, adding, "Public records requests are crucial for ensuring our citizens are informed and engaged with the actions of their government."
This fight isn't about Democrats, Republicans, or journalists. They're called "public" records for a reason.
Local officials, please consider the ramifications of SB 482 — and tell legislators it's a no-go.
