It’s becoming more and more frequent.
First is not understanding the Louisiana Public Records Law.
Then it was constant delaying responses to public records requests under this law.
The latest tactic is to claim attorney client privilege to deny a record for a public record.
At a recent meeting of the Bossier City Council, Mayor Tommy Chandler stated that the city council's requirement to approve hiring of a budgeted city employee position was illegal.
He referenced a legal opinion by an outside attorney as his authority.
Chandler's COA Amanda Nottingham took the podium to argue Chandler's position and she made frequent references to this attorney opinion.
The opinion was not released to the general public.
This author made a public records request under the Louisiana Public Records Act for this opinion letter which was rendered by a Shreveport attorney.
Bossier City attorney responded that the attorney opinion letter was privileged and protected by the attorney client privilege. On this basis, he denied the request.
Certainly Jacobs, who previously had a successful private practice of law and an experience as a district court judge, knew or should have known that any attorney client privilege was waived by the open discussion of the letter and its contents by the CAO at a public meeting.
This excuse for not releasing the letter is just another example of how tortured, and often indefensible, reading that Jacobs has of the Public Records Act.
Before yesterday's meeting of the Bossier City Council Jacobs advised council members to not discuss the agenda item to approve another attorney opinion--this time on the merits of the term limit petition that was presented to the Council the week before. Jacobs said that litigation was possible and thus comments should be limited or not made period.
Surely Jacobs knows that any litigation would deal with legal interpretation of the Bossier City Charter and the term limit petition---NOT on comments/opinions by lay persons including the city council members.
But most intriguing was Jacobs" defense of a resolution authorizing him to seek yet another legal opinion from an outside attorney on the term limit petition and the city charter.
This time Jacobs selected an attorney with Kean Miller law firm, stating that since not a local attorney there could be no questioning of influence or bias in the opinion.
Initially that statement alone is an insult to his fellow lawyers, and really more reflective of the opinions that Jacobs has given the mayor and the council.
Secondly, the Kean Miller firm has a Shreveport office. Thus, any opinion by a Kean Miller attorney would be reflective of ALL the firm's offices including the Shreveport one.
Why Jacobs did NOT go back to the Shreveport attorney for an opinion is unknown. Maybe that was because this opinion letter favored the mayor's position and not that of all the council members who want to approve all hiring.
What Jacobs did not either know or did not want the council to know was that a very easy legal alternative was available to determining the legality of the term limit petition vis a vis the city charter.
Jacobs could have filed a Declaratory Judgement action in Benton, asking a Bossier/Webster district judge to make rule on the legality of the term limit petition and its interplay with the city charter.
Then the city would have had a judicial determination versus a legal opinion which has no legal bearing as to enforceability.
These actions are heard on an expedited fashion and Jacobs could have gotten a court determination in short order.
But then, that would have required work by Jacobs and it’s much easier to bounce the legal ball into another court. The reality is that litigation is expected without regard to the Kean Miller legal opinion, so why not the game on now versus later.
Oh---that’s right.
A delayed decision would put the proposition before the citizens in March of next year versus this year.
A lower voter turnout in a March 2024 election could be a major factor in the outcome of the vote by Bossier citizens.
So... follow the bouncing ball.