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A Louisiana lawmaker wants broader access to public records • Louisiana Illuminator

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A Louisiana lawmaker wants broader access to public records • Louisiana Illuminator


Lawyers for Louisiana State University often deny public records requests for investigations into employee wrongdoing by citing the court case McMakin v. LSU. Now, McMakin is fighting back. 

Attorney and freshman state Rep. Dixon McMakin, R-Baton Rouge, has clashed with LSU in the courtroom over public records request denials. He’s filed legislation to make sure those looking into public employee misconduct can get the records they need. 

McMakin’s House Bill 116 removes privacy protections for personnel records of public employees. The bill would undo case law that has put up significant roadblocks to those wanting to access records related to investigations into public employee misconduct. 

One such precedent is McMakin v. LSU, a 2022 case in which McMakin sued for records related to Donald Abels, a former LSU Greek Life Official accused of setting up fake social media profiles to entrap fraternity recruits he allegedly solicited to commit crimes. 

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“In that case, the court determined that after weighing of constitutional interests, the employee’s privacy interest outweighed the interest in public disclosure,” Tetyana Hoover, an LSU paralegal, wrote in a denial of a public records request the Illuminator submitted related to sexual misconduct allegations against LSU Linguistics Director Jeremy King

McMakin believes shielding those records from public view is wrong. 

“When you serve in a public role, you give up your rights to some of your privacy by being a public official,” McMakin said in an interview. 

McMakin’s legislation faces an uphill battle. While the Legislature tightens Louisiana’s public records law regularly, expanding access is rare, even though experts say there is a significant public interest in these government records. 

“The public has a right to access records of government business and taxpayer expenditures.  These records allow citizens to access information that is vital to accountability and oversight, both of which help prevent abuse of power and potential corruption,” said Melia Cerrato, Sunshine Legal Fellow at Tulane First Amendment Law Clinic. “Public records about employees’ conduct and the government’s response are matters of significant public importance.” 

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His proposal to expand access to personnel records is not the only way McMakin seeks to bring more sunshine to Louisiana. 

He also filed House Bill 113, which prohibits Louisiana universities from charging student-funded and operated media outlets affiliated with the school for public records requests. 

Most universities already grant fee waivers to their affiliated student media outlets — if they charge for records at all. The Illuminator has submitted public records requests to every university in the state with student media. Only Southeastern Louisiana University has requested payment for fulfillment of those requests. 

The notable exception is LSU. In 2022, the university rescinded an agreement that had been in place for almost two decades between its administration and student media, which are funded by student fees, to waive fees for public records. At the time, Johanna Posada, LSU’s associate general counsel, cited the passage of a new law that made it clear public entities could charge for electronic copies of records. 

Under Louisiana’s public records laws, custodians can only charge for the cost of producing records, such as the cost of paper and ink or a flash drive, but not the labor involved in fulfilling the request.  

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While records custodians could already lawfully charge for electronic copies of records, House Bill 473 by then Rep. Royce Duplessis, D-New Orleans, codified that ability to charge for PDFs or other digital records. 

The bill was never meant to add a financial burden to small or student-run media outlets, Duplessis said. 

“I believe Rep. McMakin’s bill makes total sense and I fully support it,” Duplessis said in an interview. “Student media outlets shouldn’t be charged by their universities.”



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Louisiana

A Louisiana police officer was killed during a SWAT operation, officials say

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A Louisiana police officer was killed during a SWAT operation, officials say


BATON ROUGE, La. — A Louisiana police officer was killed this week during a SWAT operation, the Lafayette Police Department said Friday.

In a statement on its Facebook page, the department identified the officer killed as Senior Cpl. Segus Jolivette, a member of the Special Weapons and Tactics Team. The husband and father of five joined the department in November 2013 and had served as a school resource officer in the past.

The officer was killed during a SWAT operation Thursday in the small city of Jeanerette in southern Louisiana. Details about the situation leading up to Jolivette’s death were not immediately available.

Trooper Peggy Bourque, a spokesperson for the Louisiana State Police, told The Associated Press on Friday morning that a suspect “has been captured and is no longer a threat to the public.” Officials have not provided the name or details of the suspect.

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Multiple police agencies and officials took to social media Thursday night to mourn the death of the officer.

“Today we lost one of our best in the line of duty,” Lafayette Parish Mayor-President Monique Blanco Boulet said in a written statement. “I offer my prayers, my sympathies and my support to his wife, his children, his parents, and his entire family. They are experiencing the most difficult and unimaginable kind of loss.”

Before joining the Lafayette department, Jolivette worked for the Opelousas Police Department. Lafayette police said Jolivette dedicated much of his free time supporting the Explorer Program, “helping Lafayette’s youth to gain a better understanding of law enforcement operations and the importance of relationship building in our community.”

“His legacy of bravery and dedication will be remembered and honored by all who knew him,” Lafayette police said in a statement.

——

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Associated Press writers Kevin McGill in New Orleans and Jeff Martin in Atlanta contributed to this report.



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Kamala Harris wins donations from Democratic voters across Louisiana

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Kamala Harris wins donations from Democratic voters across Louisiana


Kamala Harris’ nascent run for president has inspired voters across the state to donate to her — some of whom had never before given to a political campaign.

Harris, the vice president, is the likely Democratic presidential nominee after President Joe Biden quit the race on Sunday and endorsed her. Over the next 24 hours, her campaign reported a whopping $81 million in donations.

It’s unclear how many of those came from Louisianans. Such data is not yet available from the Federal Election Commission, and Harris’ campaign did not return an inquiry.

But over two dozen Louisianans said this week that they were among those who gave to her campaign. Some were relieved that Biden had dropped out after his disastrous debate performance June 27. Others were excited by Harris’ track record and thrilled by the possibility of the country’s first female president.

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Helena Moreno, the president of the New Orleans City Council and a Democratic delegate, said Harris’ candidacy has energized Democrats.

“People throughout New Orleans…are constantly reaching out to me, to my office, (to ask) how they can get involved, what they can do to volunteer,” she said. “There is a very invigorated constituency.”

Louisiana’s Democratic National Committee delegates quickly lined up behind Harris after Biden endorsed her. The Tunica-Biloxi Tribe of Louisiana, which according to Open Secrets has given nearly $400,000 to Democratic groups and candidates during the current election cycle, also appears poised to back Harris.

“(Biden’s) administration has been a tremendous partner for us, and I am confident that a Harris Administration would continue that partnership,” Marshall Pierite, chairman of the Tunica-Biloxi Tribe, said in a statement. “Vice President Kamala Harris is just beginning her campaign, and as a delegate to the convention, I look forward to listening to ensure Indian Country’s needs are being met.”

Hoping for an alternative to Biden

Louisiana is deep red and will almost certainly give its electoral votes to Donald Trump, but that hasn’t dampened the excitement among voters eager to avoid a second Trump presidency.

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Roland Darby, a 60-year-old teacher from the New Orleans area, said he was watching the news with his mother when they found out Biden had left the race.

“Within the hour of that announcement I actually got a text message asking for me to provide a donation (for Harris),” he said. “I had been getting that throughout this campaign season (and) I ignored it, but when I heard the announcement, I immediately donated without hesitation because I wanted to be a part of that.”

Darby is “terrified” by the prospect of another Trump presidency but was afraid of Biden’s chances, given his age and debate performance. With Harris, he feels hopeful again.

Darby also is excited that a biracial woman is within a grasp of the presidency.

“Being a Black man, any time you have a person of that prominence representing you and your culture, your race, there’s something about that that makes you invested,” he said.

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‘I just hope more people donate to her’

Meanwhile, in Meraux, the news prompted another teacher, Bridget Derbyshire, to give to a campaign for the first time in her life.

“I like that she’s young, she’s energetic, she doesn’t mudsling, she I feel is someone who is going to get things done,” Derbyshire, 54, said of Harris, adding that the possibility of having the first woman president also motivated her.

Derbyshire said she does not vote based on political party but bases her decisions off the candidates. She was a registered Republican until 2018, when she switched her voter registration to Independent, she said.

Another first-time donor was Kevin Barnes, a 38-year-old from New Orleans who said he owns his own security company. For Barnes, it’s not Harris’ background but her qualifications that matter, he said. The vice president previously served as a U.S. senator and as California’s attorney general.

He gave $1,000, he said.

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“It’s going to be an uphill battle for her. In order to really make her relevant she’s going to need money to run,” Barnes said. “I just hope more people donate to her.”

Other donors included Jason Petitjean, a 36-year-old physician from Covington, and Emily Rasch, a 27-year-old from Pearl River.

Bellah Bultron, a 20-year-old LSU student, said she gave $5 – what she could afford on her college budget.

Harris’ candidacy has excited her college friends, even some who are moderate or right-leaning.

Everyone is excited “to at the very least have another option,” Bultron said.

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Where do bigger donors stand?

It’s unclear whether Harris can rely on support from some of the state’s biggest Democratic donors. Morris Bart, a trial attorney, declined comment through a spokesperson. His company, Morris Bart LLC, has given nearly $300,000 to Democratic groups and candidates during the 2024 election cycle, according to Open Secrets.

The Gordon McKernan Law Firm and MMR Group, an electrical contractor, did not provide comment.

McKernan’s group gave $150,000 to Napoleon PAC this election cycle, a political action committee that supports Democratic candidates, Open Secrets shows. The group also directly gave smaller donations to several Republican candidates, and one Democratic contender.

MMR Group has given tens of thousands of dollars both to Republican and Democratic groups and candidates.

Meanwhile, the state’s Black sororities and fraternities are working to mobilize voters — particularly voters of color — through outreach efforts.

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Those organizations typically do not endorse political candidates because of their nonprofit status. But their outreach efforts could prove a boon to Harris, who was a member of Alpha Kappa Alpha sorority.

Brian Turner, the vice president of the Sigma Lambda chapter of the Black fraternity Alpha Phi Alpha, said it’s a critical time to vote, especially on issues that could impact communities of color, Turner said.

“We want to make sure that people understand the issues, understand candidate positions,” he said, while noting that the fraternity does not endorse specific candidates.



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Louisiana Department of Health confirms four cases of West Nile neuroinvasive disease

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Louisiana Department of Health confirms four cases of West Nile neuroinvasive disease


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The Louisiana Department of Health’s Office of Public Health has confirmed four human cases of West Nile neuroinvasive disease in the Northeast Louisiana community of Winnsboro.

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These cases were reported between July 5-24. 

Louisiana has reported a total of eight West Nile neuroinvasive disease cases in the state in 2024.

According to a press release, LDH says it is not uncommon to see increased West Nile disease activity in Louisiana during the summer months, a cluster of cases in a small locality is unusual. 

LDH recommends taking protective measures against mosquito bites, especially for residents of Caldwell, East Carroll, Franklin, Jackson, Lincoln, Madison, Morehouse, Ouachita, Richland, Tensas, Union and West Carroll parishes.

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What is West Nile Virus

West Nile virus (WNV) is spread by mosquitoes and can cause illness in people and animals. While 80% of human cases are asymptomatic, many people can develop West Nile fever. Symptoms are similar to the flu and may include fever, headache, body aches, nausea and rashes.

Many patients have low-grade or no fever. 

A small percentage of people can develop a severe form of infection called West Nile neuroinvasive disease, or West Nile encephalitis.

Individuals with pre-existing medical conditions and those who are over 60 years of age are at greater risk. Symptoms may last several weeks and can include high fever, stiff neck, disorientation, muscle weakness, numbness, coma and paralysis. In rare cases, West Nile neuroinvasive disease may result in death.

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In 2023, Louisiana experienced 65 West Nile cases, including 46 neuroinvasive disease cases and four deaths. Last year’s cases occurred throughout the state, with multiple regions reporting their highest case counts in years.

Tips to protect yourself against mosquitoes

  • Wear EPA-registered mosquito repellent outside and always follow product label instructions.
  • Apply repellent on exposed skin and clothing, but do not apply under your clothes or on broken skin. 
  • If you will be outside for an extended period, consider a travel-size container of repellent that can easily be carried with you.
  • If you wear sunscreen, apply sunscreen first and insect repellent second. 
  • To protect yourself from being exposed to mosquitoes indoors, ensure windows and doors are tight-fitting and that all screens are free of holes.

Protecting your home from mosquitoes

  • Reduce the mosquito population by eliminating standing water around your home, where mosquitoes breed.
  • Turn over wheelbarrows, plastic wading pools, buckets, trash cans, children’s toys or anything that could collect water.
  • Try to quickly discard or store any unnecessary containers around your property to reduce the chances of water accumulating.
  • Check and clean roof gutters routinely. Clogged gutters can produce millions of mosquitoes each season.
  • Water gardens and ornamental pools can become major mosquito producers if allowed to stagnate. Take steps to prevent stagnation, such as adding fish or aeration.
  • Clean and chlorinate swimming pools that are not being used. A swimming pool left untended for as little as a month can produce enough mosquitoes to result in neighborhood-wide complaints. Be aware that mosquitoes may even breed in the water that collects on swimming pool covers.



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