RÉSUMÉ DIGEST
ACT 340 (SB 66) 2019 Regular Session Riser
Prior law (R.S. 42:12) provided that it is essential to the maintenance of a democratic society
that public business be performed in an open and public manner and that the citizens be
advised of and aware of the performance of public officials and the deliberations and
decisions that go into the making of public policy.
Prior law (R.S. 42:14) required that every meeting of any public body be open to the public
with certain limited exceptions which are provided by law such as executive sessions,
executive meetings, discussions of professional competence, or discussions of the mental or
physical health of a person.
Prior law (R.S. 42:25) provided for enforcement of the open meetings law in court by the
attorney general, the district attorney, or a person who has been denied any right under the
Open Meetings Law. Authorized (R.S. 42:26) the court to order any of the following
remedies for violations:
(1)A writ of mandamus.
(2)Injunctive relief.
(3)Declaratory judgment.
(4)Judgment rendering void the action that was taken in violation of the open meetings
law.
(5)Judgment awarding civil penalties.
Prior law (R.S. 42:26) required that if an enforcement proceeding prevails, the person
bringing the action be awarded reasonable attorney fees and other costs of litigation. Prior
law further provides that, if the court finds that the proceeding was of a frivolous nature and
was brought with no substantial justification, the court may award reasonable attorney fees
to the prevailing party.
New law retains prior law and provides that the district attorney and the attorney general may
also be entitled to reasonable attorney fees and other costs of litigation if the enforcement
against sought prevails against a violator of the Open Meetings Law.
Prior law (R.S. 42:28) provides that any member of a public body who knowingly and
wilfully participates in a meeting conducted in violation of the Open Meetings Law shall be
subject to a civil penalty not to exceed $100 per violation.
New law retains prior law but increases the maximum amount of the civil penalty from $100
to $500.
Effective August 1, 2019.
(Amends R.S. 42:26(C) and 28; adds R.S. 42:26(D))