City Attorney Rightfully Protects Central- Just the Facts

By Dave Freneaux

    A great deal of controversy has arisen recently over Public Records Requests.  Indeed Louisiana State Law does provide a mechanism for any citizen to ask for and receive a copy of almost all records maintained by the City of Central.  The recent disagreement in the issue is whether ALL records are subject to this Public Records Law.  The Public records law in RS 44:4.1 states "The legislature further recognizes that there exist exceptions, exemptions, and limitations to the laws pertaining to public records".  One such exception is "Attorney-Client Privilege".  Thus, any information relating to discussions between the client, in this case the City of Central, and the attorney, in this case Central's City Attorney, are exempt from Public Records Requests.

    At recent City Council meetings Central's Council voted to waive that attorney-client privilege for certain records requested on July 28th by Mike Mannino.  This is the only circumstance under which the City Attorney would be allowed to release these documents.  As a result, these documents were produced for inspection by Mr. Mannino.

    Eight days ago Woody Jenkins made a public records request for legal bills to the City of Central for July and August, 2010.  The City of Central has provided the requested records, with privileged information blacked out to protect the City under attorney-client privilege, as is appropriate under the Louisiana Public Records Law.  The City has further advised Jenkins that in order to provide privileged information the City Council would have to vote to waive privilege and instruct the City Attorney to release the privileged information.

Claim:In a letter delivered to the City of Central on Wednesday Jenkins claims that not providing unredacted legal bills is "contrary to law".

Fact:Louisiana RS44:4.1 recognizes attorney-client privilege as an exception to the Public Records Law, and Central's City Attorney has instructed Jenkins to approach the Council if he is seeking to have the City waive attorney-client privilege.

Claim:In the same letter Jenkins claims that protecting attorney-client privilege is a violation of "the direction of the Council".

Fact:  The Central City Council voted to waive privilege on legal bills requested on July 28th by Mike Mannino, not on the latest request by Jenkins.  It would likely be malpractice for the City Attorney to release privileged information without the consent of the client, the City of Central.