Court finds that city took no action on woman’s public records r - KPLC 7 News, Lake Charles, Louisiana

Court finds that city took no action on woman’s public records request

(Source: MGN Online) (Source: MGN Online)
LAKE CHARLES, LA (KPLC) -

The 3rd Circuit Court of Appeal has ruled in favor of a woman who filed for the disclosure of public records from the City of Leesville but never received them.

Tiffany A. Baker appealed a trial court judgment rejecting her claim for penalties and attorney fees associated with a public records request to the Leesville Municipal Fire and Police Civil Service Board, and to the City of Leesville.

The court affirmed the trial court's judgment with respect to the board, but reversed the judgment with respect to the city, ruling in favor of Baker. She was awarded attorney fees and statutory penalties, totaling around $3,500.

According to the opinion, made public Wednesday, Baker faxed her request to the city on July 25, 2012. She followed up with a written request the next day.

The court also ruled that there be a civil penalty of $25 per day, exclusive of Saturdays, Sundays and legal public holidays, to run from July 26, 2012 until the City of Leesville complies with the public records request.

"It (the city) took no action to comply or respond. Ninety-nine days later, when Ms. Baker filed her Nov. 2, 2012 mandamus action, the City still had not responded in any way. Twenty-seven days after the filing of the mandamus action, the rule to show cause hearing was held, at which time the City still had not responded. Its defense at the trial on the rule was that it assumed everything would be taken care of by the Board and that, in any event, if Ms. Baker wanted to inspect and copy the documents, she could come to the City's office and do so. In other words, the City simply ignored the law pertaining to a citizen's access to public records. We find the inaction on the part of the City to be unreasonable and arbitrary," the opinion states.

You can read the opinion in its entirety HERE.

The appeal panel was made up of judges Jimmie C. Peters, Elizabeth A. Pickett and J. David Painter. Their decisions were unanimous.

Copyright 2013 KPLC. All rights reserved.

  • More Local NewsNewsMore>>

  • Lake Charles opens time capsule buried 50 years ago

    Saturday, May 27 2017 9:24 AM EDT2017-05-27 13:24:56 GMT
    (Source: Maranda Whittington/KPLC)(Source: Maranda Whittington/KPLC)

    On Friday Mayor Randy Roach helped pull out history - 50 years worth, to be exact.

    In 1967 a time capsule was buried in front of historic Lake Charles City Hall, and many had different ideas of what could be buried inside. 

    More >>

    On Friday Mayor Randy Roach helped pull out history - 50 years worth, to be exact.

    In 1967 a time capsule was buried in front of historic Lake Charles City Hall, and many had different ideas of what could be buried inside. 

    More >>
  • Summer reading fun underway in Calcasieu Parish

    Summer reading fun underway in Calcasieu Parish

    Friday, May 26 2017 11:02 PM EDT2017-05-27 03:02:13 GMT
    (Source: Calcasieu Parish Public Library)(Source: Calcasieu Parish Public Library)

    The Calcasieu Parish Public Library annual summer reading program is underway. The kick-off celebration was held at Prien Lake Park. It included registration, face painting, kite flying, bird house building and even Clifford the Big Red Dog. The reading program runs from now until July 7.

    More >>

    The Calcasieu Parish Public Library annual summer reading program is underway. The kick-off celebration was held at Prien Lake Park. It included registration, face painting, kite flying, bird house building and even Clifford the Big Red Dog. The reading program runs from now until July 7.

    More >>
  • Parents of Gage Meche suing man they blame for gun being brought to school

    Parents of Gage Meche suing man they blame for gun being brought to school

    Friday, May 26 2017 10:18 PM EDT2017-05-27 02:18:02 GMT
    Gage Meche (Source: Facebook)Gage Meche (Source: Facebook)

    Gage Meche has thousands of people rooting for him and a family spokesman says it means a lot.  But attorney Ron Richard says the child's parents want action against the man they believe is responsible, they're suing Michael Lane Dugas.. “They are on a roller coaster of emotions:  anger, sadness, fear, angst and wanting to feel like they're doing something about this matter. 

    More >>

    Gage Meche has thousands of people rooting for him and a family spokesman says it means a lot.  But attorney Ron Richard says the child's parents want action against the man they believe is responsible, they're suing Michael Lane Dugas.. “They are on a roller coaster of emotions:  anger, sadness, fear, angst and wanting to feel like they're doing something about this matter. 

    More >>
Powered by Frankly