Answer


Absent a specific exemption under the Public Records Law (R.S. 44:1, et seq.) or under the Louisiana Constitution, records of a public entities financial transactions (including their budgets ) are considered Public Records subject to review by law.

Some records may contain information within them that is not subject to disclosure (i.e., such as social security numbers, etc.). In such cases, the records custodian may redact that information prior to making the records available for public inspection.

Under R.S. 44:32(C) a public entity can charge a reasonable fee for providing copies of public records. In regard to state agencies, the fees, unless otherwise approved by the Commissioner of Administration are established under the Louisiana Administrative Code at Title 4, Pt I, Section 301, which allows for $0.25 a page. For local political entities, the entity may establish their own fee, but it must be reasonable. The entity should have an established rate for all public records requests.

If a record is not in use or otherwise outside of the current control of the custodian, any request for a public record should be answered immediately. If a record is requested and the custodian raises a question regarding whether or not the requested record is a public record, the custodian must within three (3) days, exclusive of Saturdays, Sundays, and legal public holidays, of receipt of the request, notify in writing the person making the request of the custodian’s determination and reasons therefore. The written notification shall contain a reference to the basis under the law which the custodian has determined exempts the record, or any part of the record, from inspection, copying, or reproduction. Unlawful denials of access to public records can be challenged under the terms of R.S. 44:35. See, the Public Records Law FAQ on the Louisiana Legislative Auditor's website.


Louisiana Legislative Auditor website: 11/04/2024 03:41:55 PM