Certain local-government records tied to active economic-development negotiations can be kept confidential if the listed conditions are met.
§22.2. Local government economic development negotiations A. Notwithstanding any other provision of this Chapter to the contrary, records that are in the custody of a local government that pertain to an active negotiation with a person for the purpose of a proposed project involving the retention, expansion, or attraction of further economic development within the local government's jurisdictional boundaries shall be confidential and shall not be subject to the provisions of R.S. 44:31, 32, or 33 if the person requests such confidentiality in writing at the outset of negotiations detailing the reasons such person requests confidentiality and asserting that the negotiation is conditioned in whole or in part on the maintenance of such confidentiality and if the chief executive officer of the local government determines that the disclosure of such records would have a detrimental effect on the negotiation. Each determination by the chief executive officer shall include reasons for the determination. The chief executive officer shall not enter into any agreement without an affirmative vote of the local governing authority consistent with the Open Meetings Law. The local government shall publish on its website and in its official journal a notice containing general information regarding each negotiation to which records are confidential pursuant to this Section no later than five days after the determination of confidentiality. Such notice shall include the date of the chief executive officer's determination. Records of expenses of the local government pertaining to the negotiation shall be public and subject to review, except that the chief executive officer may redact information that the chief executive officer determines would identify or lead to the identification of the person with whom the local government is negotiating, and such information shall be confidential until negotiations are concluded. However, immediately upon the conclusion of the negotiation, all such records shall be subject to the provisions of this Chapter. B. No information made confidential pursuant to Subsection A of this Section shall remain confidential for more than twelve months from the date of the chief executive officer's determination of confidentiality; however, if the negotiation remains active and the chief executive officer makes a new determination that the disclosure of the information would be detrimental to the negotiations and gives notice as provided in Subsection A of this Section, such information shall remain confidential while the negotiation remains active, not to exceed an additional twelve months. Under no circumstances shall information made confidential pursuant to this Section remain confidential for more than twenty-four months from the date of the initial determination of the chief executive officer. C. For the purposes of this Section: (1) "Active negotiation" or "negotiation remains active" means a negotiation that has commenced concerning a project for the retention, expansion, or location of a business within the jurisdictional boundaries of the local government and which is not concluded when the local government receives a request for information or other similar document concerning the project. For the purposes of this Section, a negotiation is no longer active or is concluded when the local government decides to no longer actively pursue the proposed project with the person, when the person with whom the local government was negotiating decides not to pursue the proposed project, or when a proposal affecting the negotiation is submitted to a public body for consideration by the public body in a public meeting, whichever occurs earlier. (2) "Chief executive officer" for a municipality means the mayor and, for a parish, means the parish president or the official designated as the chief executive officer of the parish by law or homerule charter. (3) "Economic development" means a project for which a company seeking incentives commits to either: (a) Creating or retaining at least fifteen permanent jobs for manufacturing or distribution centers or at least twenty-five permanent jobs for digital media, headquarters, research and development, or inbound call center operations. (b) Having at least five million dollars in capital improvements. (4) "Local government" means a parish or municipality. D. The provisions of Subsection A of this Section shall not apply to any application for a license or permit or to any record of negotiations concerning any hazardous waste or waste site as "hazardous waste" and "waste" are defined in R.S. 30:2173. E. The provisions of this Section shall have no effect unless the party whose information is being maintained as confidential also maintains as confidential any information provided to the party by the local government concerning the project which remains in active negotiation. F. The provisions of this Section shall terminate on January 1, 2028. Acts 2024, No. 618, §1.