District Judge Bates Orders CH2MHill To Produce Documents for Newspaper

Central City News Continues 3-Year Battle for Access to City Public Records

CENTRAL — On Monday, District Judge Kay Bates ordered CH2MHill to produce documents requested by the Central City News in its suit for access to public records in the hands of the $6 billion Colorado company that administered Central’s city government for three years.

The order came during a court hearing on the  newspaper’s motion to compel CH2MHill to comply with discovery requests.

The Louisiana Court of Appeal said CH2MHill is subject to Louisiana’s Public Records Law if there was a high level of connexity between the city and the company.  It directed the district judge to determine the degree of connexity and specifically the percentage of the city’s budget which went to CH2MHill.

The Central City News has sought the information from CH2MHill through the discovery process, but the newspaper’s attorney, Alex St. Amant, told Bates Monday that CH2MHill has provided little.

The judge ordered CH2MHill to comply with most of the newspaper’s requests, including

• Records about the city budget and CH2MHill’s compensation

• Information about the services provided by CH2MHill to the city

• The names and contact information of CH2MHill employees who worked on the contract

• A list of documents in CH2MHill’s possession that are subject to the public records request.

Central City News editor Woody Jenkins said the order is good news but that this case is not being conducted properly. “Under Louisiana’s Public Records Law, we were entitled to a hearing on this matter within 10 days — that should have occurred in May 2010, but we have still not had such hearing.  CH2MHill has spent over $150,000 in attorney fees to drag this matter out, and it has made a mockery of Louisiana’s Public Records Law.”

Jenkins said, “There are two very important things about this case.  First, there is an important principle involved.  That principle is that privatization should not be used by government as a way around the Public Records Law.  Politicians should not be able to use privatization to keep their dealings secret.  Second, we believe the contents of the public records we are seeking will be shocking.  When they are finally made public, we believe everyone will understand why it was so important that we pursue access to these records on behalf of the citizens of Central.”

The City of Central (pop. 27,000) is unique in Louisiana because it has privatized virtually all city services and uses a private company to administer most of the city’s operations.  CH2MHill held the $4 million-a-year contract from 2007 to 2010.

In March 2010, just one day before citywide elections, an advertising flyer appeared in copies of the Advocate newspaper circulated in Central.  The ad, which was from the “City of Central,” appeared to favor the positions taken by incumbent Mayor Mac Watts on the issue of permit fees.

Two days after the election, the Central City News made a public records request of the City of Central for all records related to the origination and payment for the ad.  City spokesman David Barrow said the City had not placed the ad.

In turn, the newspaper contacted CH2MHill manager Tommy Higgs and asked for copies of the records related to the origination and payment for the ad.  Higgs said CH2MHill had authorized the ad and that “we are authorized to advertise in the name of the City of Central.”

At that time, CH2MHill received more than 80 percent of the budget of the City of Central.  Public Works Director of the City of Central and almost all other officials of the City were actually employees of CH2MHill.  The ad in the Advocate was entitled “We Are Central” and featured employees of CH2MHill that performed governmental functions of the City of Central, such as the granting of permits.

Under the contract between the City of Central and CH2MHill, CH2MHill was the official custodian of all public records of the City of Central and responsible for responding to public records requests made to the city.

The Central City News then made a public records request of CH2MHill, seeking the public records about the ad placed in the name of the City of Central.

CH2MHill denied the records’ request, claiming it is a private entity not subject to public records requests.  The Central City News then filed suit against CH2MHill for access to the records under Louisiana’s Public Records Law.

Just before a scheduled hearing on the matter, Higgs, who had been subpoenaed to testify, abruptly left the state for whereabouts unknown.

Central City News editor Woody Jenkins said at the time that “Privatization can be a good thing, but not if it is used to circumvent the Public Records Law and prevent the public from knowing what its government is doing with its tax dollars.”

Under the Public Records Law, a person asking for public records has the right to a trial on the issue within 10 days.  However, no trial has yet been held on the matter.

CH2MHill asked for a summary judgment to dismiss the Central City News’ public records suit, and the judge granted it in August 2010.

However, the Central City News appealed her judgment to the Louisiana Court of Appeal, which overturned her ruling 3-0 and ordered her to determine an issue of fact — whether the “connexity” between the City of Central and CH2MHll was great.  If it was, the court said CH2MHill must produce the records sought.  CH2MHill appealed that decision to the Louisiana Supreme Court, but the Supreme Court upheld the Court of Appeal.  CH2MHill now has 45 days to comply with the judge’s order, and a trial date should be set shortly thereafter.