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Private agency, public dollars-Louisiana

Louisiana
Common Definition Themes
These 5 characteristics tend to recur in most state definitions for private agencies which are subject to FOIA laws.
1.) Receive or dispense public funds: And.pngx 1, 4[1]
2.) Created by a public agency: No.pngf
3.) Present themselves as a public entity: No.pngf
4.) Perform a public function: Yes.pngp [2]
And.pngx 1, 4[1]
5.) Controlled or managed by a public entity: No.pngf
Key:
No.pngf=The legal history does not mention this characteristic or it has rejected this characteristic as a potential defining aspect.
Yes.pngp=This characteristic alone is sufficient to bring an organization under the FOIA.
And.pngx=This is a part of a compound definition requiring multiple characteristics. The numbers after the symbol indicate the additional requirements.
Suggest.pngw=This is a characteristic that has been mentioned within the legal history and may aid in deciding whether or not the FOIA law applies to an organization but is not a part of a specific definition.
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Recent news

New Orleans Police Chief Selection Committee
The committee established to help select the next police chief of New Orleans has announced that it is not subject to the state records law because it is an advisory committee to the mayor. This is in clear violation of the statutory definition of public body which includes any committee, subcommittee, advisory board, or task force” as well as all private entities that serve a clear public function.[2] To read more please see: The Lens, "Police chief search leader: Open-records laws don’t apply" March 29, 2010

Statutes

The Louisiana Public Records Act includes in its definition of public body "any other instrumentality of state, parish, or municipal government, including a public or quasi-public nonprofit corporation designated as an entity to perform a governmental or proprietary function."[2]The Louisiana Revised Statutes also explicitly include University fund-raising organizations within the open records act, but only insofar as the records in question relate to the expenditure of public funds. [3]

References

  1. ↑ 1.0 1.1 State of Louisiana v. Nicholls College Foundation
  2. ↑ 2.0 2.1 2.2 Louisiana Statute RS 44:1 This is questionable and may have been overturned by State of Louisiana v. Nicholls College Foundation
  3. ↑ Louisiana Code 17.390

Litigation

For a full list, see Court cases with an impact on state FOIA, Private companies subject to public records requests.

Here is a list of "Private companies subject to public records requests" litigation for Louisiana:

  State of Louisiana v. Nicholls College Foundation

State of Louisiana v. Nicholls College Foundation, 592 So.2d 419 (La. Ct. App. 1992).

This case established that a private corporation must both recieve public funds and act in a public capacity in order to be considered a public entity, all of whose records are subject to request.
This case also established that separate spending records highlighting the use of state funds and non-state funds was sufficient to protect the records of non-state funds from public records requests. [1]


Legislation

We do not currently have any Private agencies legislation legislation for Louisiana in 2010. To add some, please see WikiProject Proposed state sunshine legislation.


See also

External links

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