Lake Charles mayor turns over emails he sought to withhold from public

The Louisiana Illuminator has withdrawn its lawsuit against Lake Charles Mayor Nic Hunter for holding back nearly 300 pages of his emails from a public records request. 

Hunter produced 44 more pages of emails soon after the lawsuit was filed in September but withheld the rest, claiming they fell under attorney-client privilege because City Attorney David Morgan was among the recipients. A review of the additional pages showed Morgan had not been included on a majority of the mayor’s messages. 

The Illuminator then asked the court in the case to review the remaining emails Hunter withheld to see if the exemption applied. Judge Kendrick Guidry with the 14th Judicial District found that some of the mayor’s personal emails were not subject to Louisiana’s public records law, but the judge determined attorney-client privilege did not apply to all the remaining messages. Those additional emails were also provided to the Illuminator. 

“The Court sees these emails as discussions involving the business of the city,” Judge Guidry wrote in a Nov. 18 ruling after his review. “Merely copying Mr. Morgan on every email does not protect the communications from disclosure. There is no showing of legal advice or services he is rendering in these emails.”

Because the city provided all the messages sought, the Illuminator filed a motion to drop its lawsuit, which the judge granted Nov. 27. All claims for fines, attorneys’ fees or civil penalties were waived. 

The Tulane First Amendment Clinic represented the Illuminator in the case.

“This is a big win for the public, open government advocates and journalists,” Tulane First Amendment Clinic attorney Melia Cerrato said. “Our client got the documents it sought, and over 150 pages of emails that had been wrongfully withheld are now released. In the future, hopefully public officials will choose to release public records willingly instead of forcing citizens to file a lawsuit for documents that are rightfully theirs.” 

Freelance journalist Natalie McLendon, on assignment for the Illuminator, filed a public records request May 13 that sought the mayor’s communications over a three-day period in April. Her inquiry was made to better understand with whom the city is conducting business.

Morgan’s initial response said McLendon’s request yielded more than 1,400 pages that would have to be reviewed, and he estimated only about 1,000 would be produced. He didn’t explain why the additional pages were being held back.

After his review, Morgan provided some 1,100 pages but again offered no explanation as to why nearly 300 pages were being withheld.

The Illuminator filed its lawsuit in September. After being served, Hunter told the American Press in an interview that the emails in question should not be made public because Morgan was among the recipients, shielding them based on attorney-client privilege. 

In the lawsuit, Cerrato said that exemption under Louisiana’s public record law only applies to direct communications between an attorney and client that involve discussions of legal matters or legal opinions. 

Hunter held a news conference Nov. 20 and framed the judge’s ruling on the email review as a win for the city, even though he had already provided the sought-after emails.

“I am very thankful that Judge Guidry agreed with the city’s position in majority,” Hunter said. 

“This case was absolutely about nothing when it was filed, and it is absolutely about nothing today,” the mayor added, according to KPLC-TV.

The lawsuit also challenged how much the city wanted to charge the Illuminator to obtain copies of the public records. Back in May when Morgan said 1,100 pages of records were available, he asked for a $584 payment for digital copies. 

The Illuminator paid $305 for paper copies and argued in its lawsuit that the city’s 50-cent per page fee for records reproduction was exorbitant. 

“The imposition of high fees for public records, where the law is clear that only actual costs may be charged, serves to shroud the government’s acts in secrecy and discourages the public from exercising this constitutionally protected right of access,” Cerrato said in the lawsuit.

Hunter said the city no longer charges a per-page fee, KPLC-TV reported last month. Its prices for providing digital records have also been lowered to $35 for a DVD and $25 for a jump drive, adjustments made after the Illuminator’s lawsuit was filed.