Were a Louisiana planning commission's loan committee meetings open to the public?

Plain-English summary

The South Central Planning and Development Commission asked whether its loan advisory committee and loan administration board had to hold open meetings, given that they reviewed applicants' Social Security numbers, financial histories, and tax records. The Louisiana Attorney General said both bodies were subject to the Open Meetings Law. Sensitive information did not make their meetings generally private.

The opinion said an executive session could be used to discuss records subject to a privacy claim or privilege under the Public Records Act, under the open meetings provisions it cited. The closed discussion was limited to those privileged matters. Any formal action by vote still had to occur in open session. The opinion did not make a blanket finding that every loan application record was confidential.

Currency note

This opinion was issued in 2005. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Did the commission's loan committees have to meet publicly? A: Yes. The AG applied open meetings requirements to both the loan advisory committee and loan administration board.

Could members discuss an applicant's private financial information in executive session? A: The opinion said an executive session may be authorized if the records were privileged or subject to a privacy claim under the Public Records Act. The closed discussion had to stay within those privileged matters.

Could the board vote on a loan in executive session? A: No. The AG said formal action by vote had to be taken in open session.

Background and statutory framework

The commission reported that its meetings revealed applicants' sensitive personal and financial data. The AG relied on earlier opinions about similar committees and cited La. R.S. 42:6 for calling an executive session and La. R.S. 42:6.1(A)(9) for discussion of matters otherwise provided for by law. It read that route as potentially covering privileged or privacy-protected records, with open votes required.

Citations

• La. R.S. 42:6 (executive session requirements).
• La. R.S. 42:6.1(A)(9) (executive session ground discussed in the opinion).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/05-0065

Original opinion text

April 20, 2005
OPINION NUMBER 05-0065

90-B-4 PUBLIC MEETINGS – State and Local Governing Bodies

90-C- PUBLIC RECORDS
Mr. Kevin P. Belanger
Committees and boards of the South Central Planning and
Chief Executive Officer
Development Commission are subject to the “Open Meetings”
South Central Planning &
laws and confidential information may be discussed in
Development Commission executive session.
5058 W. Main Street
Houma, LA 70360-1900

Dear Mr. Belanger:

You have requested an opinion from our office concerning whether the South Central Planning & Development Commission’s loan advisory committee meetings and loan administration board meetings are subject to Louisiana’s Open Meetings Law. Title 42 of the You advise in your letter that at these meetings personal information is revealed about applicants, including sensitive data such as social security numbers, personal financial histories and income tax records.

Our office addressed similar issues in the past, See Atty. General Opinion No. 92-698 and Opinion No. 89-550 (copies are attached hereto). Both opinions explained that these committees are subject to the open meetings law, but that such information as you mentioned would be considered confidential and may require the committee or board to call the meeting into executive session.

La. R.S. 42:6 sets forth the requirements for calling an executive session. La. R.S. 42:6.1(A)(9) states a public body may hold an executive session for:

“…Or any other matters now provided for or as may be provided for by the legislature.”

If the records are subject to a privacy claim or are privileged under the Public Records Act, then La. R.S. 42:6.1(A)(9) may be interpreted to authorize an executive session to discuss the contents of the privileged records. The committee or board should be advised, however, that business during the executive session is limited to the discussion of these privileged matters. Any formal action by vote must be taken in open session.

Page 2

Opinion No. 05-0065
Mr. Kevin P. Belanger
Chief Executive Officer
South Central Planning &
Development Commission
Page: -2-

I believe the above has answered your inquiries. Should you have further questions, please contact this office.

Yours very truly,

CHARLES C. FOTI, JR.
ATTORNEY GENERAL

By: _________
CHARLES H. BRAUD, JR.
Assistant Attorney General

CCF, Jr./CHB, Jr./sfj

Page 3

SYLLABUS
OPINION NO. 05-0065

90-B-4 PUBLIC MEETINGS – State and Local Governing Bodies

90-C- PUBLIC RECORDS

Committees and boards of the South Central Planning and Development Commission are subject to the “Open Meetings” laws and confidential information may be discussed in executive session.

Mr. Kevin P. Belanger
Chief Executive Officer
South Central Planning &
Development Commission
5058 W. Main Street
Houma, LA 70360-1900

DATE RECEIVED:

DATE RELEASED: April 20, 2005

Charles H. Braud, Jr.
Assistant Attorney General