COVERITLIVE.COM

11:01

Jeff Crouere -

Joining me today is legal analyst Tim Meche. We are discussing the email controversy at New Orleans City Hall. Tim, you researched this issue and have come to an interesting conclusion. In your view, the law is on the side of Tracie Washington and Veronica White. Tell us more please.

11:03

Tim Meche - Yes , Jeff, if you take a close look at the Louisiana public records act, La. $.@. 44.1, it does seem to support Ms. White/Washington.

11:04

Tim Meche - E-mails from those within the legislative branch, like the City Council members are definitely covered by the public records act. And, if they were requested pursuant to the Act they must be turned over and, Ms. White/Washington are free to do what they want with them.

11:05

[Comment From Dennis]
Mr. Meche, are you saying that Ms. White has the legal right to have copies of all emails sent and received from city hall without notifiying anyone?

11:05

[Comment From Kurt Heumann]
Then why weren't Ray Nagins turned over?

11:06

Jeff Crouere -

What is surprising is the speed with which this request was fulfilled while Mayor Nagin has stonewalled for months.

11:07

Tim Meche - Ms. White did notify the person in charge of the information when she made her request just as Lee Zurick did. There are exceptions to the law but the decision on whether or not records are covered by the exceptions are to be made by the "custodian of records" and that person apparently made the decision to turn them over. The same entitly apparently made a different decision in Nagin's case. That's just politics, but it's not illegal.

11:07

[Comment From nolaniche]
I thought the issues was the WAY it was done not if they had a right to request.

11:08

Jeff Crouere -

To me the public is upset that Mayor Nagin has been able to thwart the media requests, while the council members received no notice and then discovered months later that their e-mails were made public. There should be a consistent standard for the mayor and the council.

11:08

[Comment From john]
will we ever seen an end to screwball politics that hold our city captive

11:08

Tim Meche - The way it was done is decided by the "custodian of records." That's the Mayor's office of Technology. There may or may not have been a mayor's office policy but there is nothing in the public records law which says that the writer of the record has a right to be noticed or heard before the "custodian of records" releases it.

11:09

[Comment From Dennis]
So now that Ms. Washington has these emails in her possession (mine sent to the city council) she can post on the internet my email address, private phone number, SSN, etc. without consequence?

11:09

Tim Meche -

Nagin is the mayor. He is in charge, whether the public likes it or not. Like former Pres. Bush said, he is the decider.

11:09

[Comment From Kurt Heumann]
Yet another reason I'm pulling all of my interest out of the city!

11:10

Tim Meche - The public records law specifically contains a provision that says that once you receive the record you may do what you want with it. It would be a violation of the First Amendment for a Court to tell someone, whether it be the media or a private person what they can do or not do with information.

11:11

Joseph -

Tim,

Are there any consequences for Mayor Nagin ignoring the public records law? What about if there is a purposeful double standard at play here?

11:12

Tim Meche - I have not noticed that there are any real consequences for Mayor Nagin to have redacted the information the way he did other than to be subject to a lawsuit and possibly contempt of court fines or fees, which of course us as the taxpayers would ultimately pay.

11:12

[Comment From nolaniche]
so let me get this straight. the custodian of records is the IT dept? a dept that has NO ONE who has the ability to review records and no what should be disclosed and what should not?

11:14

Tim Meche -

The "Custodian of Records" is in charge. Right now that is the Mayor's Office. Perhaps the remedy for this is for the CIty Council to have their own server and "custodian of records" instead of sharing their's with the Mayor's Office under his control. I wonder how much that will cost us tazpayers.

11:14

Jeff Crouere - I think there is a real problem with how this IT department is being run. Remember that the guy in charge was someone who lied about his credentials. The public should have some recourse.

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