Council to vote on supporting policy that would charge $1 per page while Louisiana charges $0.25

PORT ALLEN, LA — West Baton Rouge Parish Council will vote Thursday on a resolution supporting fee increases for public records requests, raising concerns about transparency and public access to government documents. The resolution would support the Parish President's update to the parish's public records policy and fee schedule.

The Proposed Changes

Resolution 13.B, scheduled for consideration at the October 9, 2025 council meeting, would support implementing a new fee structure and policy requirements to be formally adopted by the Parish President:

• Specific request form required for all public records requests (per Exhibit A) — Louisiana law allows oral or written requests and does not require a particular form (La. R.S. 44:32(A)(1), (C)(3))
• $1.00 per page for pages 1-25
• $0.50 per page for pages 26-500
• $0.25 per page for pages 501 and above
• 75% upfront deposit required to initiate pulling records; records released after remaining balance is paid
• The revised policy and fee schedule would be posted publicly per La. R.S. 44:32(C)(1)

How This Compares to Official State Rates

The proposed fees are substantially higher than the state's uniform fee schedule used by state agencies.

Louisiana Administrative Code Title 4, Section I-301 establishes the state's uniform fee schedule:

"Charges for the first copy of any public records shall be at a minimum $0.25 per page for microfiche reproductions or paper copies up to 8 1/2 by 14 inches."

This schedule governs state agencies; parishes must set "reasonable" fees under La. R.S. 44:32(C)(1).

(Applies to state agencies; political subdivisions must set "reasonable" fees.)

While parishes are not legally required to follow the state fee schedule, Louisiana law requires that any fees be "reasonable." Act 247 of the 2023 Regular Session (effective August 1, 2023) requires custodians to post a reasonable fee schedule; the statute does not define reasonable. The Louisiana Attorney General stated in Opinion No. 96-270 (cited in Bozeman v. Mack, 97 CA 2152 (La. App. 1 Cir. 1998)): "We urge your office to adopt this schedule in order to ensure objective reasonableness for the fees charged by your office."

What Louisiana Law Actually Says

Louisiana Revised Statute 44:32 governs public records fees and access. The relevant sections state:

On Fees for Copies (La. R.S. 44:32(C)(1)):

"For all public records, except public records of state agencies...the custodian may establish and collect reasonable fees for making copies of public records, which may include the transmission of electronic copies of public records. Any custodian who elects to establish and collect such fees shall establish a reasonable fee schedule and post the schedule where it can be readily accessed by the public."

On Free Inspection (La. R.S. 44:32(C)(3)):

"No fee shall be charged to any person to examine or review any public records, except as provided in this Section, and no fee shall be charged for examination or review to determine if a record is subject to disclosure."

This right to free inspection remains in effect regardless of any copying fee structure.

On Custodian's Duties (La. R.S. 44:32(A)(1)):

"The custodian shall present any public record to any person of the age of majority who so requests. The custodian shall make no inquiry of any person who applies for a public record, except an inquiry as to the age and identification of the person...and shall extend to the person all reasonable comfort and facility for the full exercise of the right granted by this Chapter."

The Legal Standard: "Reasonable"

The law uses the word "reasonable" repeatedly when discussing fees. Political subdivisions like parishes have flexibility in setting fees, but they cannot be arbitrary or designed to discourage access.

Louisiana courts have held in multiple cases (e.g., Shane v. Parish of Jefferson, 209 So. 3d 726 (La. 2015)) that:

• Fees must be based on actual costs, not profit
• Fees cannot be so burdensome as to effectively deny access
• The burden is on the government to prove a fee is reasonable
• The Public Records Law should be "liberally construed" in favor of access

The Free Alternative

An important aspect of the law: while parishes can charge for making copies, citizens have the right to inspect records for free and create their own copies. During free inspection, requesters may use personal devices to photograph records at no cost. This means:

• Citizens can photograph documents with their phones at no cost
• No fee can be charged for examining records in person
• The custodian must provide reasonable facility for this examination

This raises questions about the proposed fee structure. If citizens can photograph records for free, why implement fees four times higher than the official state standard?

The 75% Deposit Requirement

Beyond the per-page fees, the policy requires a 75% upfront deposit to begin pulling records; records are released after final payment is received. While Louisiana law permits advance payment requests, a requirement of three-quarters payment upfront could discourage citizens from exercising their rights.

La. R.S. 44:32(C)(1) states: "The custodian may request payment of fees in advance of production."

If someone requests 500 pages, they would need to provide approximately $197 (75% of $262.50) just to start the process—a potential barrier for many citizens.

Transparency and Accountability Concerns

The resolution appears on the agenda without supporting documentation explaining:

• How the fees were calculated
• What costs are being recovered
• Why the rates are significantly higher than state standards
• Whether an analysis was done regarding barriers to access

The agenda packet includes the resolution text and fee schedule but provides no background, justification, or cost analysis.

The Accountability Paradox

The adoption process raises questions about governmental accountability to voters. Public records requests serve as a primary tool citizens use to monitor government activities, spending, and decision-making. Creating financial barriers to this oversight mechanism has implications for democratic accountability.

In post-election interviews, Parish President Jason Manola emphasized accountability and community pride as central themes of his administration.

In a November 2023 interview with Unfiltered with Kiran, Manola said, "I ran my campaign on being accountable, understanding that the role of the parish president is accountable to the citizens and the taxpayers of West Baton Rouge Parish." He added, "There's nobody that's going to hold me more accountable than I'm going to hold myself."

In a separate WBRZ news segment, Manola said, "My whole goal is I want everybody to have the same sense of pride in our community that I have here today... I want to make sure that our taxpayers and our residents continue to enjoy calling West Baton Rouge Parish home."

The current resolution has prompted questions about how the policy aligns with those statements. With no public cost analysis or justification for fees four times the state standard, citizens have limited information to evaluate whether the policy serves taxpayer interests or creates unnecessary barriers to government oversight.

Good governance principles typically require:

• Public explanation of policy changes affecting citizen rights
• Cost justification for substantial fee increases
• Adequate notice allowing meaningful public input
• Delayed implementation to permit community response and adjustment

None of these elements appear in the current proposal. The agenda was posted at least 24 hours in advance as required by R.S. 42:19; the detailed packet, including the fee schedule, appeared online later in the week. While legally sufficient, this timeline provides minimal opportunity for public understanding and meaningful input on a policy that directly affects citizens' ability to hold their government accountable.

The proposal addresses transparency while providing limited public justification for the change.

Constitutional Protections

Louisiana Constitution Article XII, Section 3 states:

"No person shall be denied the right to observe the deliberations of public bodies and examine public documents, except in cases established by law."

The Louisiana Public Records Law (La. R.S. 44:1 et seq.) implements this constitutional guarantee. The Louisiana Supreme Court has repeatedly instructed that the law should be liberally construed with any doubt resolved in favor of public access.

What Happens Next

The West Baton Rouge Parish Council will consider Resolution 13.B at their regular meeting:

When: Thursday, October 9, 2025, 5:30 PM
Where: Government Building, 880 North Alexander Avenue, Port Allen
Public Comment: As listed on the agenda

Citizens wishing to comment should arrive early. The meeting will be broadcast and archived at wbrparish.org.

Questions Remaining

Several questions remain unanswered ahead of Thursday's vote:

1. What prompted the policy update?
2. How were the fee amounts determined?
3. Were alternatives considered?
4. What analysis was done on potential impacts to public access?
5. How do these fees compare to neighboring parishes?
6. Why set copying fees at $1.00/page when the official state rate is $0.25/page?
7. Why charge $1.00/page when citizens can photograph documents for free?
8. Why require a specific form when Louisiana law allows oral and written requests in any format?

Note: The Council's vote would support the change; any fee increases would become effective only after the Parish President (as custodian) formally adopts and posts the new schedule, as required by La. R.S. 44:32(C)(1).

Legal Analysis: Are Fees Four Times the State Standard "Reasonable"?

The law gives parishes discretion to set fees but requires they be "reasonable." Several factors suggest such a policy could be vulnerable to legal challenge:

1. Four times official state rate - Louisiana's official rate is $0.25/page (LAC 4:I.301), WBR proposes $1.00/page
2. No cost justification - The resolution provides no analysis of actual costs
3. Attorney General guidance - The AG has advised (Opinion No. 96-270) using state rates for "objective reasonableness"
4. Barrier to access - Combined with 75% deposit, fees could discourage requests
5. Free alternative exists - Citizens can photograph records at no charge
6. Liberal construction - Courts interpret the law in favor of access, not restrictions
7. Form requirement - Requiring a specific form adds a procedural barrier not found in state law

When parishes set fees significantly above the official state standard without justification, the policy appears inconsistent with the state's recommended standard.

For more information, contact Michelle Tullier, Council Clerk, at (225) 214-4242. Meeting information is available at wbrparish.org.

Sources:

• West Baton Rouge Parish Council Agenda, October 9, 2025
• RESOLUTION 13.B
• West Baton Rouge Parish Public Records Request Form
• Louisiana Revised Statutes Title 44 (Public Records Law)
• Louisiana Administrative Code Title 4, Section I-301
• Louisiana Constitution Article XII, Section 3
• Act 247 of the 2023 Regular Session (effective August 1, 2023)
• Louisiana Attorney General Opinion No. 96-270 (June 25, 1996), cited in Bozeman v. Mack, 97 CA 2152 (La. App. 1 Cir. 1998)
• Shane v. Parish of Jefferson, 209 So. 3d 726 (La. 2015)
• Interview transcripts: Unfiltered with Kiran (November 2023), WBRZ (November 2023)

Story at WBRIndependent.com

Disclaimer: This report is for informational purposes only and does not constitute legal advice. This analysis relies on publicly available government documents and statutes to ensure accuracy.

This article is based on publicly available documents from West Baton Rouge Parish's October 9, 2025 Council meeting agenda packet (available at wbrparish.org), Louisiana Revised Statutes Title 44, and Louisiana Administrative Code Title 4. All legal citations have been verified against official Louisiana state sources.