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Public safety is the justification for Cloud’s Senate Bill 482, which would create one of the broadest ever public records exemptions for state government. Her proposal would deny access to records “reflecting advisory opinions, recommendations and deliberations comprising part of a process by which governmental decisions and policies are formulated.”
That’s nearly every public record — at all levels of government.
Cloud said the 2004 state case Kyle v. Louisiana Public Service Commission already allows government entities to reject public records requests for deliberative records. But one of the state’s leading experts on government transparency disagrees with Cloud’s assessment.
“If the privilege that is contained within SB 482 were the law of Louisiana, we would not have been getting public records all this time,” Scott Sternberg, an attorney with expertise in media and public records law, said in an interview. “I have no knowledge of an existing privilege that is anything like SB 482, and neither does any other journalist or lawyer that I know.”