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 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 OF JEFFERSON

FILED:________________

DEPUTYCLERK:_________________

PETITION FOR WRIT OF MANDAMUS NOW INTO COURT, comes Petitioner, ANNE MARIE VANDENWEGHE, (hereinafter referred to as AMV) who requests that this court issue a Writ of Mandamus ordering the Parish of Jefferson, Steve Theriot, in his capacity as Chief Administrative Officer, Eula Lopez, in her capacity as Chief Custodian of Public records and Greg Giangrosso, in his capacity as Assistant Parish Attorney and Agent for Custodian of Public records for the Parish of Jefferson to turn over 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 AMV’s personal work computer was removed from her office at her place of employment at the Parish Attorney’s office 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 Parish President 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

designated work place at the above address and suite number between her departure on Monday February 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 specifically prohibits 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 or employee 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 numerous occasions 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 response by 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, Petitioner presented formal written request by way of PRR No. 1031-10 dated September 27, 2010 for documents, specifically e-mails and attachments generated by her or sent to her by others, as evidenced in Exhibit "A" attached hereto and made a part of this record. This same exhibit also establishes the failure of Jefferson Parish to comply with LRS-Title 44 et seq as outlined in particular 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 as Agent for the Custodian to every requester since he became the Assistant Parish Attorney in charge 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's request and/or file for a declaratory Judgment to extend the three (3) day statutory mandate. A letter hand delivered to the Parish Attorney's Office, Attn: Greg Giangrosso, Public Records Section, by AMV and designated as Exhibit "B" and attached hereto, notices that her request was not satisfied; that there exists no legal exception for Jefferson Parish's failure to turn over to Petitioner those documents to which she is legally entitled. Further, LA-R.S. 44:31(3) states specifically that the burden lies on the Custodian to prove any records are not subject to inspection and the Custodian has failed to file a suit for a Declaratory Judgment or take any legal action 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 computer’s hard drive have all been denied, thus AMV has no other remedy at law other than to request this court to issue a Writ of Mandamus directing the above named defendants to do the following:

A) Return the computer that was removed without her knowledge and consent that she can make copies of her emails and all attachments thereto at the cost of the Parish and at a mutually designated place; or B) Provide her with electronically generated copies on computer disks of her electronically generated 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 her computer 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 a mutually designated place; or B) Provide AMV with copies of her email files and all attachments by transferring her email files and all attachments onto computer disks or an external harddrive and delivering the disks and or external 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 this proceeding and the cost of supplying her with copies of her email files and all attachments thereto 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 custodian arbitrarily or capriciously withheld the requested record or unreasonably or arbitrarily failed to respond to the request as required by R.S. 44:32, and that the court award AMV any actual damages proven by her to have resulted from the actions of the custodian and further the court finds that the custodian unreasonably or arbitrarily failed to respond to the request as required by R.S. 44:32 and awards AMV civil penalties not to exceed one hundred dollars per day, exclusive of Saturdays, Sundays, and legal public holidays for each such day of such failure to give notification; 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 # 13012 9 Colonial Lane Harahan, La. 70123 Ph: 504-481-4936

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 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 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, 24th Judicial Court Please serve: Steve Theriot in his capacity as Parish President 1221 Elmwood Park Boulevard, Ste 701 Jefferson, La. 70123 Eula Lopez in her capacity as Jefferson Parish Council Clerk and duly appointed Chief Custodian J. P. Government Building, 6th Floor, Suite 6700 Gretna, LA 70053

Greg Giangrosso, in his capacity as duly designated Agent for the Chief Custodian and/or Parish President 1221 Elmwood Park Blvd Suite 701 Jefferson, La. 70123

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