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24TH JUDICIAL DISTRICT COURT FOR THE PARISH OF JEFFERSON
STATE OF LOUISIANA
NO:__________________ DIVISION:__________
ANNE MARIE VANDENWEGHE
vs
THE PARISH OF JEFFERSON; STEVE THERIOT, IN HISCAPACITY AS CHIEF
ADMINISTRATIVE OFFICER; EULA LOPEZ, IN HER CAPACITY
AS CHIEF CUSTODIAN OF PUBLIC RECORDS FOR THE PARISH OF
JEFFERSON;AND, GREG GIANGROSSO IN HIS CAPACITY AS ASSISTANT PARISH
ATTORNEY
AND AGENT FOR CUSTODIAN OF PUBLIC RECORDS FOR THE PARISH
OFJEFFERSON
FILED:________________ DEPUTYCLERK:_________________
PETITION FOR WRIT OF MANDAMUS
NOW INTO COURT , comes Petitioner, ANNE MARIE VANDENWEGHE,
(hereinafterreferred to as AMV) who requests that this court issue
a Writ of Mandamus ordering the Parishof Jefferson, Steve Theriot,
in his capacity as Chief Administrative Officer, Eula Lopez, in
hercapacity as Chief Custodian of Public records and Greg
Giangrosso, in his capacity as AssistantParish Attorney and Agent
for Custodian of Public records for the Parish of Jefferson to
turnover to AMV certain records previously requested by her in
accordance with law.
1.It is believed by Petitioner that on or about February 23,
2010 AMVs personal work
computer was removed from her office at her place of employment
at the Parish Attorneysoffice located at the eastbank Parish Office
Building, Suite #310, 1221 Elmwood Park Blvd.,Jefferson, La., also
known as The Yenni Building.
2.That the removal of Petitioner's personal work computer was
contemporaneous to the date
of February 23, 2010 when AMV was subjected to an unlawful job
action directed by ParishPresident Theriot by having her put on
Paid Administrative leave.
3.The removal of AMV's personal work computer was accomplished
by Parish of Jefferson
employees, as agents for Parish President Theriot, after they
forced entry into petitioner's
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designated work place at the above address and suite number
between her departure on MondayFebruary 22, 2010 and before her
arrival on February 23, 2010 to her designated place of work and
without her knowledge or consent. The Jefferson Parish Code of
Ordinance specificallyprohibits the action taken by Parish
President Theriot and his agents, citing Sec. 20-30. -Interfering
with public officer and employees:
"It shall be unlawful for any person to interfere with the
Parish of Jefferson, its districts,agencies, departments in the
performance or discharge of its official duties, and/or any officer
oremployee thereof while engaged in the duties of his office or
employment."
4.Petitioner's personal work computer and hard drive has and/or
have emails generated by
her or received by her in the course and scope of her employment
as Assistant Parish Attorney.5.
Upon Petitioner's return to work on Monday April 5, 2010, AMV
has on numerousoccasions via e-mail directed to her Supervisor,
interim Parish Attorney Peggy Barton, requested
that her personal work computer and hard drive be returned. To
date there has been no responseby anyone in the Jefferson Parish
Governmental Administration to Petitioner's request.6.
Thereafter, and pursuant to La. Rev. Statutes, Title 44: Sec.
1,32,33,37, Petitionerpresented formal written request by way of
PRR No. 1031-10 dated September 27, 2010 fordocuments, specifically
e-mails and attachments generated by her or sent to her by others,
asevidenced in Exhibit "A" attached hereto and made a part of this
record. This same exhibit alsoestablishes the failure of Jefferson
Parish to comply with LRS-Title 44 et seq as outlined inparticular
by Petitioner's query.
7.A period of three (3) days has since elapsed since
Petitioner's filed request; Defendants
only respond has been a 'boilerplate' , non-specific letter sent
repeatedly by Greg Giangorsso asAgent for the Custodian to every
requester since he became the Assistant Parish Attorney incharge of
Public Record Requests and consequently Defendants have violated
the provisions of the Public Documents law as set forth in La-R.S.,
Title 44 in it's failure to satisfy Petitioner'srequest and/or file
for a declaratory Judgment to extend the three (3) day statutory
mandate. Aletter hand delivered to the Parish Attorney's Office,
Attn: Greg Giangrosso, Public RecordsSection, by AMV and designated
as Exhibit "B" and attached hereto, notices that her request wasnot
satisfied; that there exists no legal exception for Jefferson
Parish's failure to turn over toPetitioner those documents to which
she is legally entitled. Further, LA-R.S. 44:31(3)
statesspecifically that the burden lies on the Custodian to prove
any records are not subject toinspection and the Custodian has
failed to file a suit for a Declaratory Judgment or take any
legalaction to effectuate said claim in a court of competent
jurisdiction.
8.The request for the return of the computer, its hard drive and
her subsequent request for
copies of emails stored on the computers hard drive have all
been denied, thus AMV has noother remedy at law other than to
request this court to issue a Writ of Mandamus directing theabove
named defendants to do the following:
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A) Return the computer that was removed without her knowledge
and consent that she can makecopies of her emails and all
attachments thereto at the cost of the Parish and at a
mutuallydesignated place; or
B) Provide her with electronically generated copies on computer
disks of her electronicallygenerated email and all attachments
files contained on her computer hard drive.
9.All costs, expenses and reasonable attorney fees incurred
should be paid for by the above
named Defendants.
WHEREFORE,Petitioner, Anne Marie Vandenweghe, moves this court
as follows:
A) Issue a Writ of Mandamus ordering any or all of the above
named defendants to return hercomputer and hard drive that was
removed from her office for the purpose of letting her make
copies by transfer of email and all attachment files thereto at
the cost of the Parish and at amutually designated place; or
B) Provide AMV with copies of her email files and all
attachments by transferring her email filesand all attachments onto
computer disks or an external harddrive and delivering the disks
and orexternal harddrive to her at a mutually designated place;
and,
C) AMV further prays that pursuant to La-R.S.44:35 (D), all cost
of filing and prosecuting thisproceeding and the cost of supplying
her with copies of her email files and all attachmentsthereto as
well as reasonable attorneys fees be paid by defendants; and,
D) AMV further prays that pursuant to La- R.S 44:35 E.(1) the
court finds the custodianarbitrarily or capriciously withheld the
requested record or unreasonably or arbitrarily failed torespond to
the request as required by R.S. 44:32, and that the court award AMV
any actualdamages proven by her to have resulted from the actions
of the custodian and further the courtfinds that the custodian
unreasonably or arbitrarily failed to respond to the request as
required byR.S. 44:32 and awards AMV civil penalties not to exceed
one hundred dollars per day, exclusiveof Saturdays, Sundays, and
legal public holidays for each such day of such failure to
givenotification; and,
And for any and all other and / or equitable relief to which AMV
may be entitled.
Respectfully submitted,
_________________________ANNE MARIE VANDENWEGHE
Pro se; La. Bar # 130129 Colonial Lane
Harahan, La. 70123Ph: 504-481-4936
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24TH JUDICIAL DISTRICT COURT FOR THE PARISH OF JEFFERSON
STATE OF LOUISIANA
NO:__________________ DIVISION:__________
ANNE MARIE VANDENWEGHE
vs
THE PARISH OF JEFFERSON; STEVE THERIOT IN HIS CAPACITY AS
CHIEF
ADMINISTRATIVE OFFICER; EULA LOPEZ IN HER CAPACITY AS CHIEF
CUSTODIANOF PUBLIC RECORDS FOR THE PARISH OF JEFFERSON; AND, GREG
GIANGROSSO,IN HIS CAPACITY AS ASSISTANT PARISH ATTORNEY AND AGENT
FORCUSTODIAN OF PUBLIC RECORDS FOR THE PARISH OF JEFFERSON
FILED:________________ DEPUTYCLERK:_________________
RULE TO SHOW CAUSE
Considering the foregoing Petition for Writ of Mandamus filed by
plaintiff;
IT IS HEREBY ORDERED, that the above named defendants show cause
on the
________ day of ____________. 2010 at _________ A.M. why
plaintiff's Petition for
Writ of Mandamus should not be granted
_____________________________Judge, 24 th Judicial Court
Please serve:
Steve Theriot in his capacity as Parish President1221 Elmwood
Park Boulevard, Ste 701Jefferson, La. 70123
Eula Lopez in her capacity as Jefferson Parish Council Clerk and
duly appointed Chief CustodianJ. P. Government Building, 6th Floor,
Suite 6700Gretna, LA 70053
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Greg Giangrosso, in his capacity as duly designated Agent for
the Chief Custodian and/or ParishPresident1221 Elmwood Park Blvd
Suite 701Jefferson, La. 70123
