LEWNAU v. BOARD OF SUPERVISORS OF SOUTHERN STATE AND AGRICULTURAL AND MECHANICAL COLLEGE (2020)

Writ application denied.

I would grant the writ application of defendant, The Board of Supervisors of Southern State and Agricultural and Mechanical College, with respect to the district court's $5,000 damages award. The district court judgment specified that this award was made pursuant to La. R.S. 42:28 and calculated “at the rate of $100 per day from March 18, 2019 through May 6, 2019.” At the time of the district court's ruling, however, La. R.S. 42:28 provided that an award pursuant thereto shall not “exceed one hundred dollars per violation” as to “[a]ny member of a public body who knowingly and wilfully [SIC] participates” in a meeting in violation of the Open Meetings Law, La. R.S. 42:11, et seq. La. R.S. 42:28 (emphasis added). Pursuant to the foregoing plain language, which does not provide for a per diem award for each day following the original violation, and further in light of defendant's unopposed argument that no individual knowingly and willfully violated the Open Meetings Law, I would grant defendant's writ application as to the award of statutory damages. As to defendant's remaining arguments, I would deny.

La. R.S. 42:28 neither provides for an award by the day, nor an award against an individual who does not knowingly and willfully violate the Open Meetings Law. Here, the trial court judgment calculates the penalty by the day and does not specifically impose the penalty against individual board members. Consequently, an award pursuant to La. R.S. 42:28 is improper. I would grant as to the award of statutory penalties, and deny the remainder of the writ application.

Crichton, J., would grant in part, deny in part and assigns reasons. Crain, J., would grant in part and assigns reasons.