Richard bill challenges governor

Apprehension grows over flood plans
April 3, 2013
Tourism grant delayed in Lafourche
April 3, 2013
Apprehension grows over flood plans
April 3, 2013
Tourism grant delayed in Lafourche
April 3, 2013

A Thibodaux legislator and a Ruston senator could be on a collision course with the state government’s executive branch, after filing a bill for consideration in the legislative session that begins next week.

But if Gov. Bobby Jindal and his supporters are spooked by the proposed law, which would open the governor’s records to the public, eroding some of the opacity that has marked aspects of his administration, they aren’t showing it.


Rep. Jerome “Dee” Richard (I-Thibodaux) and Sen. Rick Gallot (D-Ruston) are seeking to undo the Jindal administration’s practice of shielding communications between the governor and department heads, as well as other records, from public view.


H.B. 19 would make all records of the governor’s office subject to Louisiana public records law, with certain exemptions and exceptions, including the keeping of certain limited records out of the sunshine.

Jindal – and any other governor – would be required to turn over certain records upon leaving office to the state archives. The privilege that would allow some records to remain secret would expire in 10 years.


Documents relating to personal security of the governor or the governor’s family would remain protected.


A similar bill was floated in 2009 by former Rep. Wayne Waddell (R-Shreveport) and passed the House unanimously. But it was kicked back by the Senate and later died in a committee.

According to Richard, the key element of the bill is its elimination of a phrase that has become a hallmark for the Jindal administration according to some.


“It does away with two words, ‘deliberative process,’” Richard said.


Deliberative process is the claim that the governor as well as heads of executive branch departments can cite regarding communications with each other. It has allowed memos concerning matters as important as major changes to the state’s Charity Hospital system to remain under wraps, Richard said.

“If you get rid of that you make a lot of things public,” he said. “He can only communicate privately with his chief of staff and chief legal counsel. It also stops any governor from shredding records and calls for archiving records. Why we are not doing it right now I don’t understand … I don’t think its fair to the public. And what’s fair is fair ”


Any official e-mail legislators send is public record and in Richard’s mind the governor should have to play by the same rules, with certain exceptions understood.


“The governor should embrace this public records bill, why on earth would he not,” he said.

Pam Mitchell, executive director of the Louisiana Press Association, said she has just begun reviewing pre-filed bills and so is not familiar with HB 19’s specific details. But what she knows of the bill so far is, to her, intriguing.

“We are always interested in more openness than not, and that the deliberative process be expanded,” Mitchell said.

Her organization has often been an advocate for more open records in Louisiana.

Critics say Jindal has broadly interpreted exceptions to the state’s public records laws, and the privilege has been extended to executive-branch departments.

State Sen. Norby Chabert did not express opposition to the bill, noting that he is still studying various instruments coming up for consideration this legislative session. But he said he understands why some things in the governor’s office might require some privacy.

“The governor at this point has to have executive privilege on certain things, particularly in the realm of economic development,” Chabert said. “When you are negotiating with Shell about relocating a refinery or rehabbing, they have to maintain a level of secrecy for good faith negotiations with those corporations.”

But he also acknowledged the importance of openness whenever possible.

“Government should be transparent,” Chabert said. “If the legislature has to be transparent the executive branch should. They are a little different, however, and need to maintain some ability to privately communicate among themselves.”

Rep. Joe Harrison (R-Napoleonville) expressed support for the measure, noting that he has been stymied for more than a year when making public records requests to the Department of Education.

“I have tried to get information on outside contracts, looking at wasteful spending, for 13 months,” Harrison said.

How much support the bill will receive or its fate in committees is difficult for insiders to predict, though some said they expect it will not be a favorite for Jindal supporters.

Jindal’s office was asked for comment on the bill, including detailed questions sent in an e-mail to a staffer, noting the criticism Jindal has endured for allegedly operating in a secrecy vacuum on some matters.

Jindal spokesman Sean Lansing said in an e-mailed statement “We are currently in the process of reviewing legislation for the upcoming session, and the Governor is looking forward to working with every member of the Legislature on their ideas.”