what to do when a foia request is ignored in michigan

Ever wonder who owns the empty house at the terminate of the cake?

Or whether the water in your child's school has been tested for lead – and what those results are?

Or whether your neighbour has always been cited for not keeping upwardly his holding?

The answers to these questions are found in records owned by the public, which are supposed to be there for the asking. But accessing those records is oft more difficult than it needs to be.

This folio is intended to help explicate how the Michigan Liberty of Information Act works, how to file a request, what to do before filing, and how fees immune under the police force work.

The information here is compiled from several sources including Free Press reporting on the issue and information technology relies on the expertise of Robin Luce Herrmann, who leads the media law do at Butzel Long. Luce Herrmann is likewise the chaser for the Michigan Press Clan and speaks about the Michigan Liberty of Information Deed beyond the state.

This site is part of a larger effort with Michigan Community Resources to help expand knowledge of FOIA in the metropolis of Detroit. This effort is supported past the Detroit Journalism Engagement Fund, a partnership between the John S. and James L. Knight Foundation, the Ford Foundation and the Community Foundation for Southeast Michigan.

Let's start with the nuts

Here's what Michigan'southward Liberty of Information Act covers

• Public bodies created or primarily funded by a land or local unit of authorities
• State officials and employees
• State executive brand entities
• Local units of government
• Agencies, boards, commissions and councils in the country legislative branch

What the police force doesn't comprehend

• The governor, lieutenant governor and their employees
• The Legislature, legislators and their staff
• We'll go into other exemptions nether the law in moment

You may not need to file a asking

Once you've decided what you're looking for, y'all may not need to file a request. The documents you seek may be publicly available already. Here are some resources to check.

• Michigan.gov: A variety of information is available on the state website, including Attorney General opinions, records of corporations and LLCs, Child Care Licensing records and inspection reports, education information.
  
• Detroit Open Data Portal: Open city contracts, salaries of mayoral appointees, property sales, blight tickets, country bank backdrop, demolitions
  
• Ask D3: Information Driven Detroit cleans and maintains hundreds of datasets having to do with land use, public safety, concern and transportation. Many requests are fulfilled for gratis. It depends on how many hours information technology takes to research and fulfill.
  
• Landgrid.com: Puts bundle data including ownership in an easy to read format. The site has mapped the state. It requires users to register with an email address. The Detroit-based firm has pricing plans for more complex projects like creating maps, importing and exporting data.

Know of a website that can help people discover public information? Email Gem Gopwani at the Detroit Gratis Press to add it to this list.

Filing a request

Start, make up one's mind who holds the records. Sometimes the reply is obvious: City clerks typically keep meeting minutes; treasurers typically go along copies of checks.

Other cases are less obvious. Records showing instructor salaries are kept by the local school district, just records showing teacher pension payments are kept by the state's Function of Retirement Services.

This state website explains the documents that local governments are supposed to continue.

Every metropolis, village, township, county and country department is required to name a Freedom of Information Act, or FOIA, coordinator. That person is responsible for processing FOIA requests.

When in incertitude nearly who holds the records you want, earlier submitting a request, telephone call the public body and inquire for the FOIA coordinator. Explain what data you are seeking and he or she should help direct your asking to the appropriate place.

Exist Specific

Requests are typically made in writing, including via e-mail. Those making requests tin improve their chances of success by existence clear on what they seek.

Here are a few examples:

• Instead of asking for pay records for an employee, be specific. Ask for annual earnings as listed on their W-2 form.
• To learn about the repairs on your street, ask for any payments fabricated to the paving contractor for piece of work related to your street.
• To learn whether your neighbor has been cited for not keeping up a property, ask for any code violations issued for your neighbor'due south address.

Ambiguous requests are often rejected, with public bodies challenge to non possesses records matching your request. If you don't know the formal proper noun of the record you are requesting, seek help from the FOIA officer.

Recent amendments to the police require that you include a valid telephone number or email accost in your asking.

Response times

In one case a request is made, Michigan law requires a government bureau to respond within five business days.

The agency tin can grant the asking, deny information technology or ask for an additional ten business days. No response is considered a denial and can exist appealed as such.

If a request is granted, the public body is expected to provide the records in the format in which they were requested. For case, if the records are kept in spreadsheet format, you lot can ask for a copy of the spreadsheet rather than a printout of the spreadsheet. Maps, photographs, diagrams and drawings all are covered by FOIA and can exist requested.

The police doesn't require a regime agency to create a tape that does not exist.

Redactions and exemptions

If certain records would include information that would exist exempt for disclosure, the public body is required to separate the exempt material and plow over the nonexempt cloth.

For example, a public employee'south W-2 tax argument includes his or her almanac compensation, which a public body must disembalm. But it also includes the employee'due south Social Security number, which a public torso is required to withhold.

In those cases, the public body is required to redact the Social Security number and disembalm the remainder.

Some public bodies — the Legislature and the Governor and Lt. Gov'southward role — are not covered by the Michigan Freedom of Information Act. Public bodies tin can merits exemptions for reasons of privacy, an ongoing investigation, national security and other reasons.

FOIA fees

Authorities bodies are immune to charge fees for copying records and other labor associated with fulfilling the request. Here's what the police says broadly about fees:

"A public torso may charge a fee for a public tape search, for the necessary copying of a public tape for inspection, or for providing a copy of a public record… the fee must be express to actual mailing costs, and to the bodily incremental cost of duplication or publication including labor, the price of search, test, review, and the deletion and separation of exempt from nonexempt information…"

Here are some cardinal things to know if you're assessed a fee:

• A public body may charge 10 cents per page. Ask for double-sided printing.
• If a public trunk charges a labor fee it should limit the charge to the hourly rate of the everyman paid employee capable of doing the work. So it couldn't charge a lawyer'south hourly rate for making copies.
• There's no charge for redaction if the public body knows the certificate has been previously redacted and still has the redacted document
• You accept the right to inspect the documents, which could atomic number 82 to fewer or no fees.
• A regime body may require a eolith, but only if the fee is expected to exceed $50 and and so the deposit may exist but half of the estimated fee.

What if my my asking is denied?

If a public body denies a asking for records, the person making the asking tin appeal to the head of the public body, such equally the mayor or a superintendent of a school district.

That person has x days to answer and tin take an boosted 10 days in sure cases. If the caput of the public body denies the request, the requester can sue and enquire a judge to order the public body to plow over the records.

If the requester prevails in court, the court can order the public torso to pay the requester's attorney fees.

Sample FOIA letters

Example i: Most of this letter is borrowed with permission from the National Freedom of Information Coalition

[Your Proper noun]

[Street Address]

[City, ST ZIP Code}

[Date]

[Proper noun of Custodian of Records]

[Title]

[Visitor or City/Local Regime Proper noun]

[Street Address]

[City, ST ZIP Code]

Dearest [custodian of records]:

Under the Michigan Liberty of Information Act § xv.231 et seq., I am requesting an opportunity to audit or obtain copies of public records that [Depict the records or information sought with enough item for the public agency to answer.  Be as specific every bit your noesis of the available records volition allow. Just it is more important to describe the information you are seeking.]

If at that place are any fees for searching or copying these records, please inform me if the cost volition exceed $______.  However, I would likewise similar to asking a waiver of all fees in that the disclosure of the requested information is in the public interest and volition contribute significantly to the public's agreement of ___________.

The Michigan Freedom of Information Human action requires a response to this request within five days. If you deny whatever or all of this request, please cite each specific exemption you feel justifies the refusal to release the information and notify me of the entreatment procedures available to me under the law.

Thank you for considering my asking.

Sincerely,

[Your Name]

[Your Phone number]

[Your eastward-mail address]

Example 2: Sample language for a police force department asking

FOIA Coordinator

_____ Constabulary Department

Address

Re:  Freedom of Information Human action Request

Dear Sir/Madam:

This is a request nether the Michigan Liberty of Data Deed (MCLA § 15.231 et. seq.).   I write to request all records, relating to any arrests, charges, prosecutions or complaints filed confronting [name], who has resided at: [make full in any addresses you know] from Jan 1, 2017 to the present.

I volition pay reasonable costs for locating and reproducing the requested material.  Please contact me at [phone number] if the costs for the requested material will exceed $25.00.

You have 5 concern days to respond to this request by either providing copies of the records or a detailed written caption for any denial, including a reference to the specific statutory exemption(s) upon which y'all rely and the category of documents covered by the exemption.  In add-on, to the extent that you claim some portions of the responsive materials are exempt from disclosure, please provide all segregable non-exempt portions.  Please phone call me at the above number if yous should accept whatsoever questions.

Instance 3: Linguistic communication for email communication

This is a request under the Michigan Freedom of Information Human action (MCLA § 15.231 et. seq.).   I write to asking all communications between Suzy Clerk and Johnny Commissioner commencement January 1, 2018 through January 5, 2018, relating to the January 8, 2018 board meeting.

Instance four: Language for Council reports

This is a request nether the Michigan Freedom of Data Act (MCLA § xv.231 et. seq.).   I write to asking the monthly progress reports made by the Municipal Lighting Authority of Robin Metropolis to the Robin Urban center City Quango for the concluding three months.

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Source: https://www.freep.com/story/news/local/2019/08/01/how-use-michigan-freedom-information-act/1704032001/

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