7/6/2019 Mail - Public Records Request, Re: board committees

Arenstam, Julia <julia.arenstam@houmatoday.com>

Public Records Request, Re: board committees

Chad Luke <chadluke@hmlawfirm.com> Mon, Jul 1, 2019 at 2:48 PM
To: "Arenstam, Julia" <julia.arenstam@houmatoday.com>

Julia,

Thank you for the reasonable time to answer your recent public records request. I also appreciate your reminder today. You have
requested documents of meetings of various Rec 2/3 “committees”. Previously, on or about June 18, 2019, I tried to accommodate
your request for “committee” information quickly and furnished a list labeled “committees”. While labeled “committees”, these are
nothing more than informal groups. Shortly thereafter, I received an additional list entitled, “three member groups”. As these
semantics may be helpful, I am forwarding that email separately so that you may corroborate the time and date, as well as the
attachment title.

Nevertheless, I have reached out to the pertinent individuals to satisfy your request. Responses essentially state each have no written
records of any committee meetings. As you know from your research, a “meeting” is the convening of quorum of a public body to
deliberate or act on a matter over which the public body has supervision, control, jurisdiction, or advisory power. These “public
bodies” may include committees that possess policy making, advisory, or administrative functions, including standing or working
committees of a public body conferred that authority. La R.S. 42:13. Upon the information received and based on the applicable
statute, Rec 2/3 does not have any of these “committees” and does not conduct any of these “meetings” according to statute.

Rec 2/3 “committees” are informal small groups reduced to a list to ensure each is below Rec 2/3 Board quorum. Each are without
power, advisory or otherwise. These functions of authority are reserved exclusively for the Rec 2/3 Board. Upon information and
belief, any informal small group discussions are below Board quorum, without set schedules, without power, and have expedited the
regular and special board meetings.

The distinction may be made more clear by addressing some points in your previous email which attached highlighted Open Meetings
Law excepts. You have highlighted several Attorney General Opinions. I would like to address each of those Attorney General
Opinions below. It bears noting Attorney General Opinions are advisory secondary sources which are subject change and
interpretation.

First, La. Atty. Gen. Op. No. 10-0121 concerns the New Orleans City Council convening by rules governed by that body’s own
Charter. The New Orleans City Council established standing and working committees to perform advisory functions. Unlike the New
Orleans City Counsel, Rec 2/3 does not operate under its own Charter establishing rules for convening. Additionally, Rec 2/3
established neither standing nor working committees. As you may recall, legal advised Rec 2/3 against forming any committees or
referring to any group as a “committee”. This distinction was recommended to avoid confusing a three member informal group with a
committee imbued with policy making, advisory, or administrative functions. Rec 2/3 had informal small groups, without power,
designated to warrant against Board quorum and walking quorum. It was designed as an informal means to give form to the regular
and special meetings of the Rec 2/3 Board. Any information between the individuals in these small groups was reduced to the record
of regular and special meetings. The small groups do not possess policy making, advisory, or administrative functions. These informal
groups were offered to address the problem of lengthy regular and special meetings resulting from stream of consciousness
discussions. They aid a more efficient regular and special agenda. These groups do not deliberate, act, or have any authority to advise
the Rec 2/3 Board. In fact, the opinion cited referenced a case addressing a similar circumstance, writing,

“Generally, in our view, informal discussions between officials would have to

reach a much more structured level with secretive binding force on at least a
quorum of the membership before Open Meetings Law would be implicated…
we find that the informal exchange of ideas and opinions preliminary to a
meeting of elected officials is important to the issues of agenda setting and

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7/6/2019 Mail - Public Records Request, Re: board committees
compromise that make a deliberative body function efficiently”. Mabry v.
Union Parish School Board, 974 So.2d 787, 789-90 (La. App. 2nd Cir. 2008).

This Board is brand new and compromised of unpaid appointed volunteers. The Board seeks to make effective
Board decisions, not effective committee decisions. No decisions arise from committee and no authority is
conferred upon these informal small groups sometimes referred to as “committees”.

Secondly, La. Atty. Gen. Op. No. 09-0197, concerns an ad hoc committee which possessed an advisory function to
the Parish Council. That committee was formed for the express authority of an advisory function. The Rec 2/3
informal groups do not possess authority of advisory function.

Thirdly, La. Atty. Gen. Op. No. 93-0315, concerns a private session of a quorum of a city council. Rec 2/3 informal
groups neither constitute a quorum of the entire Rec 2/3 Board nor a quorum of any committee conferred power.

The latter two highlighted opinions appear to be older than some members of the Rec 2/3 Board and may not apply
updated law. However, each are distinguishable.

Unlike La. Atty. Gen. Op. No. 87-0048, Rec 2/3 informal groups do not gather as a Board quorum with the intent to
act on official business. Therefore, the consequences of these latter groups taking no binding action are inapplicable
to Rec 2/3 informal groups.

Unlike La. Atty. Gen. Op. No 84-0395, Rec 2/3 groups are not working committees conferred authority.

However, thank you for your interest and research. With all of this considered, in the future, I am sure the Rec 2/3
Board will strive to make any committee meeting subject to notice and applicable law.

Once again, thank you for your public records request. I believe this fulfills your request.

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