FOIA FOR LA AG - Pat Magee

RE: Public Records Request, R000171-021221
Dear Grace Phillips:
This letter is an acknowledgment and response of the public records request dated 2/12/2021, which you submitted to the Office of the Attorney General. The request seeks records related to the following:
To Whom It May Concern:

Pursuant to the Louisiana Public Records Law, I hereby request the following records:

-Any and all complaints of sexual harassment related to Patrick Magee

-Any records showing how those complaints were handled, including any records of investigations, as well as any disciplinary memos, orders to seek counseling, suspensions, resignations or terminations.

-Records of any settlements paid in connection with any such complaints.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 3 business days, as the statute requires.

Sincerely,

Grace Sadye Phillips
Your request has been assigned tracking number R000171-021221. Our office is in the process of determining what, if any, records are subject to this request and, if so, whether any privileges or exemptions apply. This may take some time. You will be notified within 30 days whether records have been located that are responsive and approximately when they will be ready for review. Due to the COVID-19 pandemic, many of our office staff are working remotely. This may slow the request process down as access will be limited. If you are looking for information about the pandemic, please visit the site linked below:
Office of Public Health (https://u8387795.ct.sendgrid.net/ls/click?upn=tVZK-2BDMrxhcb-2BNvwVODlUJI3oMysg3zd-2FPMvLUiE9sf-2B-2FZVzcgcQ-2BS3r5hfh-2BvQuqaCc_YAmxmm8lbhPdqe1yVZvxSdV7gTkU6VRHNDnk4E5nar-2Bo-2BDLLZDh-2FzIxIY7ZNesMOeB5xpiLYsj9bxenOBPz9LUHeU5ybLD4jCgZ3Lm5Oepn7kLWcB2ufGVtAO1mWki7-2BaC2PQBFLBypCGpJNuih965W5PrNC3F10OhF1-2FmsxWyHaIbL6xdx2l3RmF-2Fvgj0EecoYTnH-2FksZLX-2BibXTyizOkQmsRoRWy0a21D4HsqjTdmQpwwr8-2BrVQGEde3z-2BBoRanhWe8mao377NkKWigF3VPL-2BKuCvXtmn8X506lceona17q64az-2BWhW-2BRZ4jRaGGooQJw6YIEHunXzACu9kqdI-2Bw-2FZ9-2BJcbbDApte7iySQ1kdR0Sh9-2Fv-2Bwnowt4UsFZH2OIGqMMFO1taYwpeQaBJSzYg-3D-3D)
If our office can be of any further assistance, please let us know.
Sincerely,
Asyl Nachabe
Assistant Attorney General

To monitor the progress or update this request please log into the Public Records Center (https://u8387795.ct.sendgrid.net/ls/click?upn=nZGH0ylxadMp5hTpNkeAFhiL95By6xbIDZ61-2ByM-2Bb-2Fglm-2FF9xOmVLL-2BO4QaIWCuua6PujoBQZ8vbX4ru6GI0Y4BQP56Lp-2FGxr207OsrPwfHqinkhNx2BFzR2fQcimF7NLodj_YAmxmm8lbhPdqe1yVZvxSdV7gTkU6VRHNDnk4E5nar-2Bo-2BDLLZDh-2FzIxIY7ZNesMOeB5xpiLYsj9bxenOBPz9LUHeU5ybLD4jCgZ3Lm5Oepn7kLWcB2ufGVtAO1mWki7-2BaC2PQBFLBypCGpJNuih965W5PrNC3F10OhF1-2FmsxWyHaIbL6xdx2l3RmF-2Fvgj0EecoYTnH-2FksZLX-2BibXTyizOkQmsRoRWy0a21D4HsqjTdmQpwwr8-2BrVQGEde3z-2BBoRaAfK3He5G3OWbFdzJtw1aGVQgKVqcmU4c54fpLnAcQvs9js-2BfZbBTRCHgi5hFXUWBUnmFkOEddqL9fXLLcysF2D-2BgNmXbesmKqnVEHkEsTFzM8Yi89zB-2B7apz8EGcqGWJH1UoGW8h1CgGFKbT5EyITQ-3D-3D)

--- Please respond above this line ---
RE: PUBLIC RECORDS REQUEST of February 12, 2021, Reference #  - R000171-021221 Dear Grace Phillips, In response to your public records request pursuant to La. R.S. 44:1 et seq, which our office received on February 12, 2021, the information you requested has been processed. You sought records related to the following: “To Whom It May Concern:

Pursuant to the Louisiana Public Records Law, I hereby request the following records:

-Any and all complaints of sexual harassment related to Patrick Magee

-Any records showing how those complaints were handled, including any records of investigations, as well as any disciplinary memos, orders to seek counseling, suspensions, resignations or terminations.

-Records of any settlements paid in connection with any such complaints.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 3 business days, as the statute requires.

Sincerely,

Grace Sadye Phillips” Our office has found no responsive records of disciplinary memos, orders to seek counseling, suspensions, resignations or terminations. Our office has not paid any settlements in connection with such complaints. Our office located an initial complaint, which is being withheld for the following reasons:

* Louisiana Constitution Article I, § 5 is a constitutional provision that expressly prohibits unreasonable invasions of privacy.  The parties involved have a reasonable expectation of privacy under La. Const.  art. I, § 5. The expectation of privacy is of a type which society at large is prepared to recognize as being reasonable.  And based on the facts in this matter our office believes the individuals’ right to privacy outweighs the public’s right to access the initial complaint.
* LADOJ PP029.  This office policy requires confidentiality be observed to the extent possible for any sexual harassment complaint. The State training course prepared by the Louisiana State Civil Service in accordance with Act 270 of 2018 Regular Session, mandates that sexual harassment complaints be maintained confidential.  The training provides that: o  All efforts should be made to ensure confidentiality of a complaint. o  Holding complaints of sexual harassment in confidence is key in maintaining the integrity of the process and the ensuing investigation. Agencies are limited in their ability to investigate and eliminate harassment if an employees does not report harassment. o  For those involved the loss of one’s professional reputation can have damaging effects for a lifetime by hindering career progression and potential earnings. Our office has sought a declaratory judgment regarding the initial complaint, seeking judicial review over whether the document is correctly withheld. Additionally, correspondence between our office and outside legal counsel is not subject to disclosure as it is privileged attorney-client communication under La. C.E. art.506. Director Magee’s personal home address has been redacted under La. Const.  art. I, § 5. That being said, our office has identified records which are responsive to your request. Copies of these records are available for download from our office's Public Records Center. Please log in to the Public Records Center at the following link to retrieve the appropriate responsive documents. For the official LADOJ statement, please click the following link: LADOJ Statement and Released Documents If our office can be of any further assistance, please let us know. Sincerely, Asyl Nachabe Public Records Coordinator