1 CIVIL DISTRICT COURT FOR THE PARISH OF ~"!!!O STATE OF LOUISIANA IJ!J liA r NO. COl s--L/S'47 SECTION -4... / ,7 c/ !2 1 \ - .... CIVil J ~ON "U- j::) \". / !TiL"' -, !.. . I "' THE LENS, CHARLES MALDONADO AND ABRAM ~DiitJ'ER VERSUS MITCHELL J. LANDRIEU, IN HIS OFFICIAL CAPACITY AS MAYOR OF THE CITY OF NEW ORLEANS, AND THE CITY OF NEW ORLEANS Filed: ------------------------- Deputy Cle:rk PETITION FOR WRIT OF MANDAMUS, INJUNCTIVE AND DECLARATORY RELIEF NOW INTO COURT, through undersigned counsel, come the Petitioners herein, The Lens, Charles Maldonado and Abram Handler ("Petitioners"), who file this Petition for Writ of Mandamus, Injunctive and Declaratory Relief, and who, with respect to same, do hereby allege, aver, espouse, attest and state as follows, to-wit: 1. Petitioner The Lens is a Louisiana non-profit corporation and an award-winning nonprofit, investigative newsroom, publishing online at www.thelensnola.org. 2. Petitioner Charles Maldonado was and is at all tiines relevant a resident of Louisiana, an employee of The Lens and a journalist charged with coverage of the City of New Orleans. 3. Petitioner Abram Handler was and is at all times relevant a resident of Louisiana, an employee of The Lens and a journalist charged with coverage ofthe City of New Orleans. 4. Made Defendants/Respondents herein are Mitchell J. Landrieu, in his capacity as Mayor of the City of New Orleans and custodian of the records sought, and the City of New Orleans, a political subdivision andlor instrumentality of the State of Louisiana, enjoying the right to sue and be sued. {B0954087.2} 1 -r THE OUTSTANDING REQUESTS 5. On or about January 28,2015, Petitioners did cause a request for public records under the Louisiana Public Records Law, RS. 44: 1 et seq., to be propounded upon Sarah Garrett and Anita Curran of the City of New Orleans City Attorney's office, which requested: A copy ofthe latest backup of the BuySpeed database; A copy of the current BuySpeed database .... ; ED A record of all k numbers submitted to the law department since 2011 indicating if the k number was approved and signed by the law department or was denied by the law department. ED ED See Exhibit "A." 6. Petitioners received a responsive letter to the February 13,2015 request on February 19, 2015, denying the request in part. See Exhibit "B." Petitioners responded (see Exhibit "C") and the City agreed to produce the BuySpeed database, which tracks expenditures, at an in-person meeting on February 23, 2015. However, on April 30, 2015, that request was denied as "unreasonably burdensome and expensive, citing RS. 44:33(A)(2) (see Exhibit "D"). The City has refused to allow Petitioners to inspect that record. 7. On or about February 19, 2015, Petitioners did cause a request for public records under the Public Records Law of Louisiana, R.S. 44:1 et seq., to be propounded upon Sarah Garrett and Anita Curran of the City of New Orleans City Attorney's office, which requested: " All electronic records in BuySpeed associated with Office of Inspector General purchase order number 7101480327, including but not limited to: o full receipts created in BuySpeed and assigned receipt numbers (for clarification, an illustration from another purchase order); o full invoices created in BuySpeed and assigned invoice numbers (for clarification, an illustration from another purchase order). See Exhibit "E." 8. The February 19, 2015 request remains outstanding, despite amicable demand from Petitioners. 9. On or about March 10, 2015, Petitioners did cause a request for public records under the Public Records Law of Louisiana, RS. 44:1 et seq., to be propounded upon Sarah Garrett and {B0954087.2} 2 Anita Curran of the City of New Orleans City Attorney's office, and Norman Foster, Chief Financial Officer and Director of Finance, which requested: All records in the custody of the Bureau of Accounting, Department of Finance - including but not limited to invoices and receipts - related to checks paid to Archon Information Systems, starting July 15, 2014, including but not limited to the following Great Plains check numbers: 000111769 000112990 000113357 000114690 000115845 000117104 And all subsequent payments through March 2015. See Exhibit "F." 10. Petitioners received a responsive letter to the March 10, 2015 request on March 13, 2015, stating that the request was under review. See Exhibit "G." This request remains outstanding. 11. On or about March 10, 2015, Petitioners did cause a request for public records under the Public Records Law of Louisiana, R.S. 44:1 et seq., to be propounded upon Sarah Garrett and Anita Curran of the City of New Orleans City Attorney's office, which requested: All activity and narrative reports submitted to the city by the Urban League of Greater New Orleans on its expenditure of funds for the administration of the Ceasefire New Orleans program, beginning Jan. 1,2014. See Exhibit "H." 12. Petitioners received a responsive letter to the March 13,2015 request on March 19,2015, stating that the request was under review. See Exhibit "1." This request remains outstanding. 13. On or about March 27, 2015, Petitioners did cause a request for information under the Public Records Law of Louisiana, R.S. 44:1 et seq., to be propounded upon Anita Curran, of City of New Orleans City Attorney's Office, which requested: --Monthly and quarterly financial reports on the NOLA for Life fund (fund # NOLAFL) submitted by the Greater New Orleans Foundation to the city of New Orleans - as required by the Sept. 6, 2012 agreement between the city and GNOF - beginning October 2013, through the most recent report as of March 27,2015. {B0954087.2} 3 See Exhibit "J." 14. This request remains outstanding, despite amicable demand. THE DELAYED REQUESTS 15. As a part of its reporting activities, Petitioners regularly submit public records requests to the City of New Orleans to review public documents and maintain an online database of city contracts and other public documents relevant to the public interest. 16. Petitioners aver that they have made at least 50 public records requests to the City of New Orleans over the past two years, and that in approximately two-thirds of those instances, the City did not properly respond to the request within the three days, exclusive of Saturdays, Sundays and legal public holidays, provided by law to produce public records. La. Rev. Stat. Ann. § 44:33. 17. On March 10,2015, Petitioners propounded a public records request seeking "all records in the custody of the Bureau of Accounting, Department of Finance," including invoices and receipts, for a number of checks to Active Solutions, LLC. Petitioners received a notice that the request was being reviewed on March 13, 2015. The request was answered on March 27,2015, which was 17 days after the initial request. See Exhibit K (in globo). 18. On February 6, 2015, Petitioners propounded a public records request seeking all available contracts and change orders for two city vendors. Petitioners received a notice that request was being reviewed on February 11,2015. The request was answered on March 4,2015, which was 26 days after the initial request. See Exhibit L (in globo). 19. On December 1, 2014, Petitioners propounded a public records request seeking all e-mail communications between Andy Kopplin, Alexandra Norton and Mayor Mitch Landrieu and Fr. Kevin Wildes of Loyola University. Petitioners received a notice that the request was being {B0954087.2} 4 reviewed on December 4, 2014. The request was answered on December 31, 2014, which was 30 days after the initial request. See Exhibit M (in globo). 20. On August 12, 2014, Petitioners propounded two public records requests seeking balance sheets for two city funds, 379: Mayoral Fellows and 358: Wisner Donation. Petitioners received a notice that the request was being reviewed on August 15, 2014. The request was answered January 16, 2015, which was more than four months following the initial request. See Exhibit N (in globo). 21. On August 5, 2014, Petitioners propounded a public records request seeking the public calendars of Mayor Mitch Landrieu and CAO Andy Kopplin. Petitioners received a notice that the request was being reviewed on August 8, 2014. The request was answered September 22, 2014, which was 48 days after the initial request. See Exhibit 0 (in globo). 22. On or about February 25, 2015, Petitioners did cause a request for public records under the Public Records Law of Louisiana, R.S. 44:1 et seq., to be propounded upon Sarah Garrett and Anita Curran of the City of New Orleans City Attorney's office, which requested: All communications regarding Gilbert Buras' legal services contract with the Civil Service Commission - including but not limited to memos, letters and legal documents - in which any of the following parties was a sender, primary recipient or copied as a secondary recipient: Sharonda Williams Andy Kopplin Alexandra Norton Lisa Hudson All Civil Service Commission members (current and those who were on the commission at any time during the period requested). Beginning Jan. 1,2014. The February 25,2015 request was fulfilled on April 14,2015, which was 48 days after the initial request. See Exhibit "P" (in globo). 23. Petitioners aver that the City of New Orleans habitually refuses to respond to Public Records Requests within the delays the law allows. {B0954087.2} 5 24. News outlets such as The Advocate and The Lens have reported on the habitual pattern and practice of unnecessary delay in responding to the Public Records Requests. 1 WRIT OF MANDAMUS, INJUNCTIVE AND DECLARATORY RELIEF 25. A writ of mandamus, which will "compel the performance of a ministerial duty required by law," La. C.C.P. Art. 3863, is appropriate to compel Defendants to abide by their statutory duty as custodians to produce the records, in whole or in part, made subject of Petitioners' requests. 26. Petitioners, respecting both Federal and Louisiana statutes and constitutional rights, respectfully request this Honorable Court order production of the outstanding requests immediately. 27. It is the law of Louisiana that: "No person shall be denied the right to observe deliberations of public bodies and examine public documents, except in cases established by law." La. Const. Art. 12, Sec. 3. 28. Furthermore, "Providing access to public records is a responsibility and duty of appointive or elective office of a custodian and his employees." La. Rev. Stat. Ann. § 44:31. 29. "All persons and public bodies having custody and control of any public record" are required by law to preserve the public record "for a period of at least three years." La. Rev. Stat. Ann. § 44:36. 30. A custodian of Public Records has three days, exclusive of Saturdays, Sundays and legal public holidays, to produce public records. La. Rev. Stat. Ann. § 44:33. 1 Articles available at http://theadvocate.com/news/neworleans/8430532-148/city-nopd-often-fail-to; http://thelensnola. org/20 11 /09129 Ilandrieu-administration-skirts-public-records-lawI. {B0954087.2} 6 31. Under the same law, any person who is denied the right to inspect or copy a record "may institute proceedings for the issuance of a writ of mandamus, injunctive or declaratory relief, together with attorney's fees, costs and damages as provided for by this Section, in the district court for the parish in which the office of the custodian is located." La. Rev. Stat. Ann. § 44:35(A). 32. As stated in La. Rev. Stat. Ann. § 44:31(B)(3), the "burden of proving that a public record is not subject to inspection, copying, or reproduction shall rest with the custodian." 33. The Louisiana Supreme Court has further held that these laws should be "construed liberally in favor of free and unrestricted access to the records, and that access can be denied only when a law, specifically and unequivocally, provides otherwise .... Whenever there is doubt as to whether the public has the right of access to certain records, the doubt must be resolved favor of the public's right to see." Title Research Corp. v. Rausch, 450 So.2d 933, 936 (La. 1984). 34. Petitioners assert that the outstanding requests are all well within the faculties and capability of the City of New Orleans to answer; however, the City has habitually failed to respond to public records requests within the time provided by law. 35. The City, as part of its regular process, requires all public records requests to be routed through the City Attorney's office and reviewed by the City Attorney before production, causing further unnecessary delay, unless it is reasonably believed that protected information is involved in the request. 36. Petitioners further aver that the City of New Orleans attempts to mask its failure to respond using a form letter stating it is reviewing the records for "public information" and for information which is "not otherwise exempt from the Public Records Law." {B0954087.2} 7 37. Petitioners seek declaratory relief from this Honorable Court acknowledging that the City of New Orleans is violating the Public Records Law in failing to respond to the Outstanding Requests, and for failing to operate within the letter and spirit of the Public Records Law's temporal confines regarding the Delayed Requests and the Outstanding Requests, and that the City be enjoined from continuing to violate the law as such. 38. Petitioners aver that the City of New Orleans has arbitrarily and capriciously withheld the Outstanding Request records and have arbitrarily and unreasonably failed to respond to the Outstanding and Delayed Requests as required by La. Rev. Stat. Ann. § 44:32. Petitioners request that this Court award actual damages and civil penalties in accordance with La. Rev. Stat. Ann. § 44:35(E). 39. Petitioners furthermore aver that upon judgment of this Honorable Court, they should be awarded reasonable attorneys' fees and other costs of litigation under La. Rev. Stat. Ann. § 44:35(D) ("[a prevailing petitioner] shall be awarded reasonable attorney's fees and other costs of litigation.") [Emphasis added1 WHEREFORE, in consideration of the above and foregoing Petition for Writ of Mandamus, Injunctive and Declaratory Relief, together with the facts stated herein, the exhibits appended hereunto, and the law and equities applicable in the premises, Petitioners respectfully move this Honorable Court to grant their Petition and order Defendants to produce copies of public records made subject to the Outstanding Requests. Petitioners further (separately and/or conjunctively) pray for this Honorable Court to "order the issuance of an alternative writ directing the defendant to perform the act demanded or to show cause to the contrary," in accordance with Louisiana law. Petitioners pray for a Declaratory Judgment acknowledging that the City of New Orleans habitually violates the Louisiana Public Records Law's response period, and that this Honorable Court enjoin the City of New Orleans from continuing to do so in future. Petitioners finally pray for any and all equitable relief as is available, all costs of this proceeding, and attorneys' fees as provided for under the Louisiana Public Records Law, as well as all other various relief to which Petitioners are entitled. {B0954087.2} 8 Respectfully submitted, BALDWIN HASPEL BURKE & MAYER, LLC . STERNBERG (#33390) 3600 Energy Centre 1100 Poydras Street New Orleans, LA 70163 Telephone: (504) 569-2900 Fax: (504) 569-2099 Electronic mail: sls@bhbmlaw.com Attorney for Petitioners, The Lens, Charles Maldonado and Abram Handler PLEASE SERVE: Mitchell J. Landrieu, In His Capacity as Mayor of the City of New Orleans 1300 Perdido Street New Orleans, LA 70112 The City of New Orleans Through the City Attorney: Sharonda Williams, Esq. 1300 Perdido Street, Rm. 5E03 New Orleans, LA 70112 {B0954087.2} 9 FILED " IJI J HAY 12 P 2: 55 rlll 'L L, • I .... ! C - ~.... I ( . '.. I:' . ' " I L , I r-' """ I r~ · .- l. " ',' t\ I City Attorney's Office 1300 Perdido St New Orleans, LA, 70112 January 28, 2015 Dear Anita B. Curran and Sarah Garrett: I request access to the following public records • A copy of the latest backup of the BuySpeed database • A copy of the current BuySpeed database o Please note the following link which explains how to easily make a copy of a SQL Server 2008 R2 database: https:llmsdn.microsoft.com/en-us/library/ms18751 0(v=sqI. 105).aspx • A record of all k numbers submitted to the law department since 2011 -- indicating if the k number was approved and signed by the law department or was denied by the law department. Please provide a copy of all of this information in an electro nic, tabular file format, s uc h as Microsoft Excel's .xls or .xlsx file formats. I would like this information sent to me electronically at ahandler@th elensnola.org. If the file is too large to email, I will provide another means of sending it at no cost to you. If this information is not available in an electronic format, please advise me of a day and time when I can come to your office to review this information. I reserve the right to scan the records myself. If you deny or redact any or all of this request, please cite the exception to public records law that you believe prevents releasing all of this information and notify me of the appeal procedures available to me under the law. Section 44 :32(0 ) of t he Louis iana Public Record s Act requires a written response w ithin three bus iness days. I am request ing a waiver f or all fees f or acquiring copies of this information because this information is in the public interest and w ill significantly contribute to the pub lic's understanding of how its taxes are spent. I am request ing this informat ion as a member of the news media f or news gathering pu rposes for use by The Lens. If you do not agree to t he fee waiver, please let me know of tile expected cost that w ill be incurred w hile processi ng this request. Please alert me of this cost prior to beginning work on the req uest. ] D SJ :J ------------------------------~----------------------~---------------------------------------- ---, Please let me know if you have any questions or need any clarifications regarding this request. You can reach me at ahandler@thelensnola.org. Thank you for your assistance, Abe Handler The Lens CITY OF NEW ORLEANS LA W DEPARTMENT 1300 PERDIDO STREET, 5th FLOOR EAST NEW ORLEANS, LOUISIANA 70112 TELEPHONE: (504) 658-9800 TELECOPIER: (504) 658-9868 f\L(D I.\I \'J "",,. .. ~\.\~ \ 7.. ? 7..: SS . SHARONDA ~\W~'wM1.~\ MITCHELL J. LANDRIEU MAYOR " Ca~s1~QIlN&t\ u February 19, 2015 Abe Handler The Lens Re: Via Electronic Mail ahandler@thelensnola.org Public Records Law Request Dear Mr. Handler: Our office is in receipt of your Public Records Law request dated January 28, 2015, but received by our office via electronic mail February 13, 2015, in which you requested the following: • A copy of the latest backup of the BuySpeed database • A copy of the current BuySpeed database . . .. • A record of all k numbers submitted to the law department since 2011 indicating if the k number was approved and signed by the law department or was denied by the law department. Your first and second request above will not be fulfilled because responsive records contain data which are not public record. The Public Records Law provides, in pertinent part, as follows: (b) Notwithstanding Subparagraph (a), any documentary material of a security feature of a public body's electronic data processing system, information technology system, telecommunications network, or electronic security system , including hardware or software security, password, or security procedure, process, configuration , software, and code is not a "public record". La Rev. Stat. § 44:1A(2)(b). Accordingly, the records responsive to your first and second request above will not be made available for your review. The remainder of your request has been forwarded to the Law Department, Contracts Unit to determine whether responsive records exist and , if so, to respond to your request. Please note that records may be in active use at this time and therefore not available for immediate review. Additionally, in accordance with the Louisiana Public Records Law, the City of New Orleans strives to promptly release all records which contain only public information and are not otherwise exempt from the Public EXHIBIT AN EQUAL OPPORTUNITY EMPLOYER b i -r Abe Handler February 19, 2015 Page 2 Records Law. The City must balance its commitment to open access with its legal obligation to review public records for such exceptions and exemptions prior to release. As soon as our office has been notified that responsive public records have been compiled and are available for review, you will be notified to schedule a mutually agreeable time for your review of the records. Thank you for your request, and we look forward to working with you to provide public records in a fair and efficient manner. " . ( ; a Sincerely, ,., I' f ' '/ {4.:!.lu/ _) et1AAJ;i i,''--.--' Anita B. Curran Assistant City Attorney / f\LED :~I.·~ M~~ \ 2 P 2; S5 C\\J\l O\SIR\C I COURI City Attorney's Office 1300 Perdido St New Orleans, LA, 70112 Feb 19, 2015 In my letter dated Jan. 28 and sent via electronic mail Feb. 13, 2015, I requested a copy of the latest backup of the BuySpeed database as well as a copy of the current BuySpeed database. You replied to my letter on Feb. 19,2015. You cite La. R.S. § 44:1A(2)(b), which says that "any documentary material of a security feature of a public body's electronic data processing system ... " does not constitute a public record. That exemption does not apply in this instance. The BuySpeed database tracks information related to city purchasing. It does not document the security of the city's computer systems or its own code. As such, it is not "documentary material of a security feature of a public body's electronic data processing system." La Rev. Stat. § 44:1A(2)(a) explains that: "information contained in electronic data processing equipment... concerning the receipt or payment of any money received or paid by or under the authority of the constitution or the laws of this state, are 'public records.' " To be clear, I'm seeking an electronic copy of all the information that has been entered into BuySpeed - its database - not the program itself or any security documentation related to the system. Sincerely, Abe Handler The Lens EXHIBIT I G -1 CITY OF NEW ORLEANS LA W DEPARTMENT 1300 PERDIDO STREET, 5th FLOOR EAST NEW ORLEANS, LOUISIANA 70112 TELEPHONE: (504) 658-9800 TELECOPIER: (504) 658-9868 MITCHELL J. LANDRIEU MAYOR f\lED ~~I.~ ¥l~~ \ 2 P 2: 55 SHARONDA R. IN~MS CITY ATT V-C 0Ur\l , O\ SI \\ April 30, 2015 Abe Handler The Lens Re: Via Electronic Mail ahandler@thelensnola.org Public Records Law Request Dear Mr. Handler: On January 28, 2015 you requested a copy of the City's curre nt BuySpeed database. Recently, after much effort, the Department of Information Technology and Innovation was able to export a sampling of the database to ensure the Department excluded confidential information (i.e. , social security numbers, etc.). However, despite its efforts the Department was not able to successfully exclude confidential information. Accordingly, the City has determined that your request can not be fu lfilled as it has proven to be overly burdensome. The database consists of well over one hundred tables, with each table containing up to one million rows of data. The City does not have the resources to review the entire database to ensure the exclusion of sensitive information before production . In light of the City's limited resources and the amount of data involved, your request is unreasonably burdensome and expensive and will not be fulfilled . La . Rev. Stat. § 44:33A(2). Furthermore, your request requires the Department to create a new record. Notably, the Public Records Law does not require the custodian to create a document to satisfy a request. See Nungesser v. Brown, 95-3005 (La. 2/16/96) ; 667 So. 2d 1036, 1037. See also La. Op. Att'y Gen. 1996-97 (July 3, 1996); La. Op. Att'y Gen. 97-328 (July 27, 1997). Accordingly, your request will not be fulfilled . a r-t'; Sincerely, ~' ~(/'/ JLl,LJ.iA./ _) (j!-~{4J:iV~ .) Anita B. Curran Assistant City Attorney /EXHIBIT AN EQUAL OPPORTUNITY EMPLOYER I j) f\LED (\)lJ ... . . . . ,~~~ \ 2 P 2: SS C\\J\\.. O\SIR\CI caliRi City Attorney's Office 1300 Perdido St New Orleans, LA, 70112 Feb 19, 2015 I request access to the following public records • All electronic records in BuySpeed associated with Office of Inspector General purchase order number 7101480327, including but not limited to: o o full receipts created in BuySpeed and assigned receipt numbers (for clarification, an illustration from another purchase order) full invoices created in BuySpeed and assigned invoice numbers (for clarification, an illustration from another purchase order) I would like this information sent to me electronically at cmaldonado@thelensnola.org . If the file is too large to email, I will provide another means of sending it at no cost to you . If this information is not available in an electronic format, please advise me of a day and time when I can come to your office to review this information. I reserve the right to scan the records myself. If you deny or redact any or all of this request, please cite the exception to public records law that you believe prevents releasing all of this information and notify me of the appeal procedures available to me under the law. Section 44:32(D) of the Louisiana Public Records Act requires the city to provide t he records immediately if not in active use. If in use, the law allows THREE BUSINESS DAYS. I am requesting a waiver for all fees for acquiring copies of this information because this information is in the public interest and will significantly contribute to the public's understanding of how its taxes are spent. I am requesting this information as a member of the news media for news gathering purposes for use by The Lens. If you do not agree to the fee waiver, please let me know of the expected cost that will be incurred while processing this request. Please alert me of this cost prior to beginning work on the request. Please let me know if you have any questions or need any clarifications regarding this request. You can reach me at cmaldonado@thelensnola.org. Thank you for your assistance, Charles Maldonado The Lens T I F\LEO I.~ "~~ \ 2 P 2; 5S C\\i\l D\SI R\CI CQUf(1 March 10, 2015 Attn: Sarah Garrett Anita Curran Norman Foster Bureau of Accounting Pursuant to the Louisiana Public Records Act R.S. 44:1 et seq, I request access tO,and reserve the right to make copies or scan, the following records. Please note that La. R.S. 44:33 requires the city to provide the records immediately if they are not in active use. The law requires the city to promptly inform me, then schedule a time - within THREE BUSINESS DAYS of this request - when the responsive records will be made available. If these records are available and more easily deliverable in electronic form, we are open to discuss alternative methods of delivery.: All records in custody of the Bureau of Accounting, Department Of Finance - including but not limited to invoices and receipts - related to checks paid to Archon Information Systems, starting July 15,2014, including but not limited to the following Great Plains check numbers: 000111769 000112990 000113357 000114690 000115845 000117104 And all subsequent payments through March 201~. Thank you, Charles Maldonado Staff Writer The Lens 1025 S. Jefferson Davis Pkwy. New Orleans, LA, 70125 EXHIBIT } ~ F I CITY OF NEW ORLEANS LAW DEPARTMENT 1300 PERDIDO STREET, 5th FLOOR EAST NEW ORLEANS, LOUISIANA 70112 TELEPHONE: (504) 658-9800 TELECOPIER: (504) 658-9868 MITCHELL J. LANDRIEU MAYOR f\LEO 1.\1\,) ...... . . ~I~~ 2 P 2: 55 \ SHARONDA R. W~'r.w~~S _ . CITY ~Ts~~~'i CQUR \ March 13,2015 Charles Maldonado Staff Writer The Lens 1025 S. Jefferson Davis Pkwy. New Orleans, LA 70125 Re: Via Electronic Mail cmaldonado@thelensnola.or, Public Records Law Request Dear Mr. Maldonado: Our office is in receipt of your Public Records Law request dated March 10, 2015 in which you requested the following: All records in custody of the Bureau of Accounting, Department Of Finance including but not limited to invoices and receipts related to checks paid to Archon Information Systems , starting July 15, 2014, including but not limited to the fo llowing Great Plains check numbers: 000111769; 000112990; 000113357; 000114690; 00011 5845; 000117104. And all subsequent payments through March 2015. Your request has been forwarded to the Finance Department to determine whether responsive records exist and , if so, to respond to your request. Please note that records may be in active use at this time and therefore not available for immediate review. Additionally, in accordance with the Louisiana Public Records Law, the City of New Orleans strives to promptly release all records which contain only public information and are not otherwise exempt from the Public Records Law. The City must balance its commitment to open access with its legal obligation to review public records for such exceptions and exemptions prior to release. As soon as our office has been notified that responsive public records have been compiled and are available for review, you will be notified to schedule a mutually agreeable time for your review of the records. Thank you for your request, and we look forward to working with you to provide public records in a fair and efficient manner. Sincerely, /J ir;~ 1')-- {lC1AA.-/~C.L{,/ Ii/ 'J / w{rAJ;.:b,'L-- · Anita B. Curran Assistant City Attorney EXHIBIT j G- AN EQUAL OPPORTUNITY EMPLOYER -, f\Lt.D ~w;~" I \1')(.. '? 7..: SS C\'J \\... CG\J\\ \ D\Sr~,\C\ March 10, 2015 Attn: Sarah Garrett Anita Curran Pursuant to the Louisiana Public Records Act R.S. 44: 1 et seq, I request access to,and reserve the right to make copies or scan, the following records. Please note that La. R.S. 44:33 requires the city to provide the records immediately if they are not in active use. The law requires the city to promptly inform me, then schedule a time - within THREE BUSINESS DAYS of this request - wben the responsive records will be made available. If these records are available and more easily deliverable in electronic form, we are open to discuss alternative methods of delivery.: All activity and narrative reports submitted to the city by the Urban League of Greater New Orleans on its expenditure of funds for the administration of the Ceasefire New Orleans program, beginning Jan. t 2014. Thank you, Charles Maldonado Staff Writer The Lens 1025 S. Jefferson Davis Pkwy. New Orleans, LA, 70125 cmaldonado@thelensnola.or g EXH~B~T I ~ /-1 - CITY OF NEW ORLEANS LAW DEPARTMENT 1300 PERDIDO STREET, 5th FLOOR EAST ' NEW ORLEANS, LOUISIANA 70112 TELEPHONE : (504) 658-9800 TELECOPIER: (504) 658-9868 MITCHELL J. LANDRIEU MAYOR f\LED 1.1l\':\ ....... ~~~ \ 2 P 2: S'o ~ SHARONDA t.f~Iru-IAM~ CITY A ,oR~~\Jh \ ' 'I' '-, \ ' _ 1- 1"', G T March 19,2015 Charles Maldonado Staff Writer The Lens 1025 S. Jefferson Davis Pkwy. New Orleans, LA 70125 Re: Via Electronic Mail cmaldonado@thelensnola.org Public Records Law Request Dear Mr. Maldonado: Our office is in receipt of your Public Records Law request dated March 13, 20 15 in which you requested the following: All activity and narrative reports submitted to the city by the Urban League of Greater New Orleans on its expenditure of funds for the administration of the Ceasefire New Orleans program, beginning Jan. 1,2014. Your request has been forwarded to the Mayor's Office to determine whether responsive records exist and, if so, to respond to your request. Please note that records may be in active use at this time and therefore not available for immediate review. Additionally, in accordance with the Louisiana Public Records Law, the City of New Orleans strives to promptly release all records which contain only public information and are not otherwise exempt from the Public Records Law. The City must balance its commitment to open access with its legal obligation to review public records for such exceptions and exemptions prior to release. As soon as our office has been notified that responsive public records have been compiled and are available for review, you will be notified to schedule a mutually agreeable time for your review of the records. Thank you for your request, and we look forward to working with you to provide public records in a fair and efficient manner. Sincerely, a1AJ~lg6 ef{tlU:),l,',---~ / Anita B. Curran Assistant City Attorney EXHIBIT AN EQUAL OPPORTUNITY EMPLOYER ~ D ~ F\\ ED :~ ~? Mt..~ \ 2 P 2: 5 b CI VIL DIS TRICT COUhT March 27,2015 Attn: Anita Curran Sarah Garrett City Attorney's Office City of New Orleans Ashleigh Gardere Pursuant to the Louisiana Public Records Act R.S. 44: 1 et seq, I request access tO,and reserve the right to make copies or scan, the following records. Please note that La. RS. 44:33 requires the city to provide the records immediately if they are not in active use. The law requires the city to promptly inform me, then schedule a time - within THREE BUSINESS DAYS of this request - when the responsive records will be made available. If these records are available and more easily deliverable in electronic form, we are open to discuss alternative methods of delivery.: -Monthly and quarterly financial reports on the NOLA for Life fund (fund # NOLAFL) submitted by the Greater New Orleans Foundation to the city of New Orleans - as required by the Sept. 6, 2012 agreement between the city and GNOF - beginning October 2013, through the most recent report as of March 27,2015. Thank you, Charles Maldonado The Lens 1025 S. Jefferson Davis Pkwy. New Orleans, LA, 70125 cmaldonado@thelensnola.org j ----------------------~-------------------------------------------------------------, FILED t~A Y I 2 P 2: 5b CIVIL DIS TRICT CO URT March 10, 2015 Attn: Sarah Garrett Anita Curran Norman Foster Bureau of Accounting Pursuant to the Louisiana Public Records Act R.S. 44:1 et seq, I request access tO,and reserve the right to make copies or scan, the following records. Please note that La. R.S. 44:33 requires the city to provide the records immediately if they are not in active use. The law requires the city to promptly inform me, then schedule a time - within THREE BUSINESS DAYS of this request - when the responsive records will be made available. If these records are available and more easily deliverable in electronic form, we are open to discuss alternative methods of delivery.: All records in custody of the Bureau of Accounting, Department Of Finance - including but not limited to invoices and receipts - related to the follOwing checks paid to Active Solutions, LLC.: AFIN check number 01692140 Great Plains check numbers 000083013 000084255 000098032 000099242 000100106 000100352 000105156 000111193 000113894 000117308 And the follOwing checks paid to Anthony's Landscaping: EXHIBIT I K I AFIN 00001681615 Great Plains 000093423 000105764 000106494 000109258 000114678 Thank you, Charles Maldonado Staff Writer The Lens 1025 S. Jefferson Davis Pkwy. New Orleans, LA, 70125 cmaldonado@thelensnola.org CITY OF NEW ORLEANS LAW DEPARTMENT 1300 PERDIDO STREET, 5th FLOOR EAST NEW ORLEANS, LOUISIANA 70112 TELEPHONE: (504) 658-9800 TELECOPIER: (504) 658-9868 MITCHELL J. LANDRIEU MAYOR SHARONDA R. WILLIAMS CITY ATTORNEY March 27, 2015 Charles Maldonado Staff Writer The Lens 1025 S. Jefferson Davis Pkwy. New Orleans, LA 70125 Re: Via Electronic Mail cmaldonado@theiensnola.org Public Records Law Request Dear Mr. Maldonado: Our office is in receipt of your Public Records Law request dated March 10, 2015 in which you requested the following: All records in custody of the Bureau of Accounting, Department Of Finance - including but not limited to invoices and receipts related to the following checks paid to Active Solutions, LLC.: AFIN check number 01692140; Great Plains check numbers 00083013; 000084255; 000098032; 000099242; 000100106; 000100352;000105156;000111193;000113894;000117308. And the following checks paid to Anthony's Landscaping: AFIN 00001681615; Great Plains; 000093423; 000105764; 000106494; 000109258;000114678. Please be advised that records responsive to your request have been compiled and are available for your review, or you may purchase the records for $64.00 (128 pages @ $0.50/page). Please contact Sarah Garrett at the number above or at sagarrett@nola.gov to schedule a time to review or purchase the records. Sincerely, a1A;t,ft~6 f{;{(/li:4f,''.- / Anita B. Curran Assistant City Attorney AN EQUAL OPPORTUNITY EMPLOYER f\LEO L\ll J ... .. ~~~ \ 2 P 2; Sb C\'J\l D\SI R\C \ CQUR1 Feb. 6,2015 Attn: Sarah Garrett Anita Curran Mary Kay Kleinpeter-Zamora Pursuant to the Louisiana Public Records Act R.S. 44:1 et seq, I request access to,and reserve the right to make copies or scan, the following records. Please note that La. R.S. 44:33 requires the city to provide the records immediately if they are not in active use. The law requires the city to promptly inform me, then schedule a time - within THREE BUSINESS DAYS of this request - when the responsive records will be made available. If these records are available and more easily deliverable in electronic form, we are open to discuss alternative methods of delivery.: All city contracts, records of change orders and contract amendments with the following vendors: -Anthony's Landscaping LLC -Active Solutions, LLC Thank you, Charles Maldonado Staff Writer The Lens 1025 S. Jefferson Davis Pkwy. New Orleans, LA, 70125 cmaldonado@thelensnola.org EXHIBIT I L CITY OF NEW ORLEANS LAW DEPARTMENT 1300 PERDIDO STREET, 5th FLOOR EAST NEW ORLEANS, LOUISIANA 70112 TELEPHONE: (504) 658-9800 TELECOPIER: (504) 658-9868 MITCHELL J. LANDRIEU MAYOR SHARONDA R. WILLIAMS CITY ATTORNEY March 4,2015 Charles Maldonado Staff Writer The Lens 1025 S. Jefferson Davis Pkwy. New Orleans, LA 70125 Re: Via Electronic Mail cmaldonado@thelensnola.org Public Records Law Request Dear Mr. Maldonado: Our office is in receipt of your Public Records Law request dated February 6, 2015 in which you requested the following: All city contracts, records of change orders and contract amendments with the following vendors: -Anthony's Landscaping LLC -Active Solutions, LLC Please be advised that records responsive to your request have been compiled and are available for your review, or you may purchase the records for $7.50 (15 pages @ $0.50/page). Please contact Sarah Garrett at the number above or at sagarrett@nola.gov to schedule a time to review or purchase the records. Please note that according to the Office of Facilities, Infrastructure, and Community Development and the Office of Homeland Security and Emergency Preparedness, there are no change orders for the referenced contracts. Sincerely, r- /J ~ 1/1 . ') ) {kL-if../uL{/ w{fAJ;,)r",--," . Anita B. Curran Assistant City Attorney AN EQUAL OPPORTUNITY EMPLOYER F\LED \ 2 P 2: Sb C\'J\l Q\S \ R\CI CO\JRI Dec. 1, 2014 Attn: Sarah Garrett Anita Curran Pursuant to the Louisiana Public Records Act R.S. 44:1 et seq, I request access to, and reserve the right to make copies or scan, the following records. If these records are available and more easily deliverable in electronic form, we are open to discuss alternative methods of delivery: All email communications between any of the following city employees: Andy Kopplin Alexandra Norton Mayor Mitch Landrieu And Kevin Wildes Containing any of the following terms: -Civil Service -CSC -Commission -Commissioner(s) -Reform(s) -Great Place to Work -GPTWI -Rule(s) Between April 16, 2014 and Dec. 1, 2014. Thank you, Charles Maldonado Staff Writer The Lens EXHIBIT I ~ ---r- CITY OF NEW ORLEANS LAW DEPARTMENT 1300 PERDIDO STREET, 5th FLOOR EAST NEW ORLEANS, LOUISIANA 70112 TELEPHONE: (504) 658-9800 TELECOPIER: (504) 658-9868 MITCHELL J. LANDRIEU MAYOR SHARONDA R. WILLIAMS CITY ATTORNEY December 31,2014 Charles Maldonado Staff Writer The Lens Re: Via Electronic Maii cmaldonado@thelensnola.org Public Records Law Request Dear Mr. Maldonado: Our office is in receipt of your Public Records Law request dated December 1, 2014 in which you requested the following: All email communications between any of the following city employees: Andy Kopplin Alexandra Norton Mayor Mitch Landrieu And Kevin Wildes Containing any of the following terms: -Civil Service -CSC -Commission -Commissioner(s) -Reform(s) -Great Place to Work -GPTWI -Rule(s) Between April 16,2014 and Dec. 1,2014. Please be advised that records responsive to your request have been compiled and are available for your review, or you may purchase the records for $24.00 (48 pages @ $0.50/page). Please contact Sarah Garrett at the number above or sagarrett@nola.gov to schedule a time to review or purchase the records. a :I-I Sincerely, I,1 1(A1.Aii-_) e~f/f/U;.'it.,-j~~., (Ii'? Anita B. Curran Assistant City Attorney AN EQUAL OPPORTIJNITY EMPLOYER ) 2. P 2~ Sb C\'J\l Q\S f(,\C \ COURI August 12,2014 Attn: Sarah Garrett Anita Curran Tyler Gamble Garnesha Crawford Pursuant to the Louisiana Public Records Act R.S. 44:1 et seq, I request access to, and reserve the right to make copies or scan, the following records. If these records are available and more easily deliverable in electroniC form, we are open to discuss alternative methods of delivery: -Financial balance sheets for the Wisner Land Trust Proceeds Fund (City Budget Fund 358) beginning July 2013 through the most recent report for fiscal year 20 14. Thank you, Charles Maldonado Staff Writer The Lens 1025 S. Jefferson Davis Pkwy. New Orleans, LA, 70125 cmaldonado@thelensnola.org EXHIBIT II Sl .D ~ -y August 12,2014 Attn: Sarah Garrett Anita Curran Tyler Gamble Garnesha Crawford Pursuant to the Louisiana Public Records Act R.S. 44:1 et seq, I request access to, and reserve the right to make copies or scan, the following records. If these records are available and more easily deliverable in electronic form, we are open to discuss alternative methods of delivery: -Financial balance sheets for the Mayoral Fellows Fund (City Budget Fund 379) beginning for fiscal years 2010, 2011, 2012, 2013 and 2014. Thank you, Charles Maldonado Staff Writer The Lens 1025 S. Jefferson Davis Pkwy. New Orleans, LA, 70125 cmaldonado@thelensnola.org CITY OF NEW ORLEANS LAW DEPARTMENT 1300 PERDIDO STREET, 5th FLOOR EAST NEW ORLEANS, LOUISIANA 70112 TELEPHONE: (504) 658-9800 TELECOPIER: (504) 658-9868 MITCHELL J. LANDRIEU MAYOR SHARONDA R. WILLIAMS CITY ATTORNEY January 16, 2015 Charles Maldonado Staff Writer The Lens 1025 S. Jefferson Davis Pkwy. New Orleans, LA 70125 Re: Via Electronic Mail cmaldonado@thelensnola.org Public Records Law Request Dear Mr. Maldonado: Our office is in receipt of your Public Records Law request dated August 1 2014 in which you requested the "[f]inancial balance sheets for the Mayoral Fellows Fund (City Budget Fund 379) beginning for fiscal years 2010, 2011, 2012, 2013 and 2014." Please be advised that records responsive to your request have been compiled and are attached hereto for your convenience. Sincerely, a1A;L/&~6 &tl/c(4t.~ / Anita B. Curran Assistant City Attorney Attachment AN EQUAL OPPORTUNITY EMPLOYER CITY OF NEW ORLEANS LAW DEPARTMENT 1300 PERDIDO STREET, 5th FLOOR EAST NEW ORLEANS, LOUISIANA 70112 TELEPHONE: (504) 658-9800 TELECOPIER: (504) 658-9868 MITCHELL J. LANDRIEU MAYOR SHARONDA R. WILLIAMS CITY ATTORNEY January 16, 2015 Charles Maldonado Staff Writer The Lens 1025 S. Jefferson Davis Pkwy. New Orleans, LA 70125 Re: Via Electronic Mail cmaldonado@thelensnola.org Public Records Law Request Dear Mr. Maldonado: Our office is in receipt of your Public Records Law request dated August 15, 2014 in which you requested the "[f]inancial balance sheets for the Wisner Land Trust Proceeds Fund (City Budget Fund 358) beginning July 2013 through the most recent report for fiscal year 2014." Please be advised that records responsive to your request have been compiled and are attached hereto for your convenience. . a Sincerely, -,J ,,' f 1/vf.. .{tL-6 (!itt/L(.')·I,·Lr· t l Anita B. Curran Assistant City Attorney Attachment AN EQUAL OPPORTUNITY EMPLOYER '/ j - \lE G ~k~ .\.. 2, P 2: Sb ~ t ~ CIV IL O\SI RICI COUf( August 5,2014 Attn: Tyler Gamble Garnesha Crawford Mayor's Office Anita Curran Sarah Garrett City Attorney's Office Pursuant to the Louisiana Public Records Act R.S. 44: 1 et seq, I request access to, and reserve the right to make copies or scan, the following records. If these records are available and more easily deliverable in electronic form, we are open to discuss alternative methods of delivery: The schedules and/or personal calendars for the following employees: -Mayor Mitch Landrieu -Deputy Mayor Andy Kopplin Beginning July 1,2014 and ending July 31,2014. Thank you, Charles Maldonado Staff Writer The Lens 1025 S. Jefferson Davis Pkwy. New Orleans, LA, 70125 cmaldonado@thelensnola.org EXHIBIT j 0 1 CITY OF NEW ORLEANS LAW DEPARTMENT 1300 PERDIDO STREET, 5th FLOOR EAST NEW ORLEANS, LOUISIANA 70112 TELEPHONE: (504) 658-9800 TELECOPIER: (504) 658-9868 MITCHELL J. LANDRIEU MAYOR SHARONDA R. WILLIAMS CITY ATTORNEY September 22,2014 Charles Maldonado Staff Writer The Lens Re: Via Electronic Mail cmaldonado@thelensnola.org Public Records Law Request Dear Mr. Maldonado: Our office is in receipt of your Public Records Law request dated August 5, 201 in which you requested the following: The schedules and/or personal calendars for the following employees: -Mayor Mitch Landrieu -Deputy Mayor Andy Kopplin Beginning July 1,2014 and ending July 31,2014. Please be advised that records responsive to your request have been compiled and are available for your review. You may purchase copies of the records for $30.00 (60 pages @ $0.50/page) payable to the City of New Orleans. Please contact Sarah Garrett at the number above or at sagarrett@nola.gov to schedule a time to review or remit payment and retrieve the records. a Sincerely, :i-I; ,J '" . , (? / /U {J~L'_) L'l,{A/c(it,,---" . Anita B. Curran Assistant City Attorney AN EQUAL OPPORTUNITY EMPLOYER . THE1E 'LED ,~ \ 2 P 2: 5b CIVIL DISTRICT COURT Feb. 25,2015 Attn: Sarah Garrett Anita Curran Sharonda Williams Pursuant to the Louisiana Public Records Act R.S. 44: 1 et seq, I request access tO,and reserve the right to make copies or scan, the following records. Please note that La. R.S. 44:33 requires the city to provide the records immediately if they are not in active use. The law requires the city to promptly inform me, then schedule a time - within THREE BUSINESS DAYS of this request - when the responsive records will be made available. If these records are available and more easily deliverable in electronic form, we are open to discuss alternative methods of delivery.: All communications regarding Gilbert Buras' legal services contract with the Civil Service Commission - including but not limited to emails, memos, letters and legal documents - in which any of the following parties was a sender, primary recipient or copied as a secondary recipient: -Sharonda Williams -Andy Kopplin -Alexandra Norton -Lisa Hudson -All Civil Service Commission members (current and those who were on the commission at any time during the period requested) -Gilbert Buras Beginning Jan. I, 2014 Thank you, Charles Maldonado Staff Writer The Lens 1025 S. Jefferson Davis Pkwy. EXHIBIT I p - ---r CITY OF NEW ORLEANS LAW DEPARTMENT 1300 PERDIDO STREET, 5th FLOOR EAST NEW ORLEANS, LOUISIANA 70112 TELEPHONE: (504) 658-9800 TELECOPIER: (504) 658-9868 MITCHELL J. LANDRIEU MAYOR SHARONDA R. WILLIAMS CITY ATTORNEY April 14, 2015 Charles Maldonado Staff Writer The Lens 1025 S. Jefferson Davis Pkwy. New Orleans, LA 70125 Re: Via Electronic Maii cmaldonado@thelensnola.org Public Records Law Request Dear Mr. Maldonado: Our office is in receipt of your Public Records Law request dated February 26, 2015 in which you requested the following: All communications regarding Gilbert Buras' legal services contract with the Civil Service Commission - including but not limited to emails, memos, letters and legal documents - in which any of the following parties was a sender, primary recipient or copied as a secondary recipient: -Sharonda Williams -Andy Kopplin -Alexandra Norton -Lisa Hudson -All Civil Service Commission members (current and those who were on the commission at any time during the period requested) -Gilbert Buras Beginning Jan. 1, 2014. Please be advised that records responsive to your request have been compiled and are available for your review, or you may purchase the records for $11.00 (22 pages @ $0.50/page). Please contact Sarah Garrett at the number above or at sagarrett@nola.gov to schedule a time to review or purchase the records. Please note that records responsive to your request for Ms. Williams's emails are attorney/client privileged communication and will not be made available for your review. See La. Rules of Prof I Conduct R. 1.6; see also La. Rev. Stat § 44.4.1.C; La. Code Civ. Proc. art. 1422. Sincerely, (l1A{/{i6 ~/;{i«4t'~ / Anita B. Curran Assistant City Attorney AN EQUAL OPPORTIJNITY EMPLOYER CIVIL DISTRICT COURT FOR THE Jl>ARISH OF ORLEANS STATE OF LOUISIANA NO. SECTION DIVISION " THE LENS, CHARLES MALDONADO AND ABRAM HANDLER VERSUS MITCHELL J. LANDRIEU, IN IDS OFFICIAL CArACITY AS MAYOR OF THE OF NEW ORLEANS, AND THE CITY OF NEW ORLEANS Filed: --------------------------- Deputy Clerk. ORDER ON Jl>ETITION FOR WRIT OF MANDAMUS, INJUNCTIVE AND DECLARATORY RELIEF Considering the Petition for Writ of Mandamus, Injunctive and Declaratory Relief filed herein on behalf of Plaintiffs, The Lens, Charles Maldonado and Abram Handler; IT IS HEREBY ORDERED that the Defendants, Mitchell J. Landrieu, in his official capacity as Mayor of the City of New Orleans, and the City of New Orleans, be served with the foregoing Petition and a copy of this Order, and that an alternative writ of mandamus shall issue herewith, directing and compelling Defendants to immediately produce the public records requested, or show cause to the contrary. IT IS FURTHER ORDERED that a hearing shall be held on the _ _ day of __________., 2015, at 4\1 o'clock _.m., and Defendants shall show cause as to: Why said records should not be produced as requested, and why the alternative writ of mandamus issued by this Order shall not be made peremptory and permanent; • Why the injunction and declaratory judgment prayed for shall not be granted; and • Why Defendants should not be taxed with costs and attorneys' fees, as permitted by law, and all other equitable and just relief as may be permitted by law. New Orleans, Louisiana, this day of ,2015. JUDGE Jl>LEASE SERVE: Mitchell J. Landrieu, In His Capacity as Mayor ofthe City of New Orleans 1300 Perdido Street New Orleans, LA 70112 {B0954087.2} The City of New Orleans Through the City Attorney: Sharonda Williams, Esq. 1300 Perdido Street, Rm. 5E03 New Orleans, LA 70112 10