State auditor promotes open government

The Louisiana Legislative Auditor’s office is promoting open government and transparency rights in addition to its regular government financial auditing services.
The legislative auditor provides independent assessments of state and local fiscal issues that lawmakers and interested residents can use to hold agencies, programs and individuals accountable, as well as consider the use of taxpayer resources.
The auditor’s office recently has begun posting open government-oriented videos on YouTube in an effort to increase awareness about Louisiana’s public information laws.
The series is called “An LLA Minute.” The videos run about two minutes and attempt to communicate complex civics matters in a user-friendly format.
A new video on public meetings explains that a gathering of a majority of members of a public body — a committee, subcommittee, commission, board or other governing authority — usually constitutes a public meeting, or quorum, at which time certain rules apply.
A public meeting typically involves discussing, taking actions or receiving information on issues under a governing body’s jurisdiction, supervision or control, the video said. This does not include chance meetings of public officials or social gatherings, unless governing “actions” are discussed.
Actions are partly defined as the formal and informal polling of members, such as talking about upcoming votes, and it is not allowed outside of a quorum, the video said.
“Members also cannot engage in a walking quorum,” the video said.
A walking quorum occurs when a majority of public body members discusses issues without a majority being present at the time. A classic example is when one member approaches other members individually to note support or opposition for his or her position, the video said.
A more modern example, it continued, is when such discussions occur through email.
“Following a majority of members emailing their disapproval, an ordinance is either never introduced or discussed at a regular scheduled meeting,” the video said, suggesting that walking quorums have the potential to keep important issues from the public eye if they are not in a public official’s perceived interest.
Another short video delves into Louisiana’s Open Meetings Law.
“Why do public bodies follow the Open Meetings Law?” the narrator asks. “Because the Louisiana Constitution guarantees the right of the public to observe and participate in the deliberations of public bodies.”
Accordingly, notices of public meetings must be posted at least 24 hours in advance, not including holidays and weekends.
Members of the public also must be allowed to comment before any governing body action can be taken, the video said. An exception applies to school boards, which the Open Meetings Law requires a public comment period for “each” item on a school board agenda.
“However, the public body can adopt reasonable rules regarding the public comment period,” the video said, such as limiting the amount of time a person can speak.
A Wednesday LLA Minute video explained the required publication and approval of public meeting minutes.
“All public bodies must keep and publish minutes from their meetings within a reasonable amount of time after the meeting,” the video said.
A “reasonable” amount of time is not an exact number, it said, but state law dictates Louisiana municipalities, police juries, parish councils and school boards must publish public meeting minutes within 20 days of the actual meeting.
“In fact, this provision provides for criminal penalties for failure to provide a copy of the minutes to the official journal within that time,” the video said.
In addition to the video series, the Legislative Auditor’s website contains numerous text resources for Louisiana residents to learn about the state’s open government laws and associated citizens’ rights.
Louisiana Sunshine Laws, for example, provide additional guidance regarding open meetings, as well as public records requests, government website postings and whistle-blower statutes.
Information on budgeting, public contracts, public funding and other transparency areas are listed on the Legislative Auditor’s legal assistance page. Items relating to COVID-19 funding and audits are also listed.