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However, a public body may not refuse to process a subsequent FOIA request on the ground that the requester failed to pay fees charged for a prior FOIA request. But, after the amendment, the public body can require a percent of the estimated fee paid up front if a previous fee was not paid by the requestor if all of the following apply:. However, a full deposit cannot be required if the requestor shows proof of prior payment made in full, the public body was paid, or days have passed since the individual made the written request.
See Arabo v. Michigan Gaming Control Bd. Accordingly, the court will dismiss a FOIA appeal where the plaintiff has failed to pay the good faith deposit. Some public bodies have attempted to impose prohibitive fees to discourage requesters. These attempts can take the form of a high copying fee or a high labor rate, among other means. Although Michigan courts have not definitely resolved what rate for copying is acceptable, requesters are advised to take the position that any charge in excess of cents per page is unreasonable, as this is comparable to the charges that would be incurred through a commercial copying source where a labor charge is also being paid.
In one case, where the requester sought a computer tape of driving license records, the public body asserted that the requester would have to pay a transaction fee for each record under an allegedly applicable state statute. A Circuit Court held that the statute was not applicable, and that the requester would have to pay only for the required computer tape and programming needed to provide non-exempt information — a fee totaling a few thousand dollars. Gilmore v. However, it should be noted that the amendment to Mich.
Courts have interpreted this provision to allow a city attorney to conduct the FOIA review. Additionally, "public employee" has been extended to include independent contractors hired by a public body. To combat excessive fees which discourage requesters, FOIA explicitly provides that "[a] fee shall not be charged for the cost of search, examination, review, and the deletion and separation of exempt from nonexempt information.
Notwithstanding that provision, many public bodies have been routinely assessing search fees for every request, ignoring the "unreasonably high costs" language. The Michigan Attorney General has opined that such routine labor charges are illegal. The opinion is binding on state government departments.
Or the requesting party may commence an action in the court of claims for a decision of a state public body within 45 days of receiving the notice of required fee. The public body is not obligated to complete the processing of the written request until after the court resolves the fee issue. Within 10 days of receiving a written appeal, the head of the body shall either waive the fee, reduce the fee, uphold the fee, or issue a notice extending the period of decision for no more than 10 days.
If a court determines that a fee is excessive it shall reduce the fee to a permissible amount. The requesting person is the only party which may bring an action under the FOIA. FOIA also does not contain any provisions explicitly requiring a public body to maintain a public document for any length of time. Melrose Twp. A subscription is valid for up to 6 months. If a public document is subject to a valid subscription, it must also be preserved until it is disclosed or found to be exempt.
See Farrell v. A public body may meet in closed session only for the purposes listed in Mich. The closed session exemptions are to be construed strictly to limit the types of situations that are not open to the public. Wexford County Prosecuting Attorney v. Pranger, 83 Mich. Although Mich. Any exemption based on a claim of attorney-client privilege under OMA is narrowly construed.
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Closed sessions may not be held to receive oral legal opinions and a proper discussion of a written legal opinion at a closed meeting is limited to any strictly legal advice presented in a written opinion. People v Whitney , Mich.
Berryman v. Madison Sch.
IOSCO County Michigan
Other statutes for which Mich. The meetings of several other public bodies are exempt, when they are deliberating on the merits of a case. The search committee may also include one or more members of the governing board, but not a quorum of the governing board. No one of these groups can constitute a majority of the search committee. An Ingham County Circuit Court ruling has held that this provision applies to interviews of candidates, as well. The FOIA creates a broad right of access to all public records "except as expressly provided in [Mich.
There is a pending bill that adds an eighth exemption to Mich. See , Swickard v. There is no physician patient relationship at the time a physician performs an autopsy. Bank examiners' manuals and minutes of the Financial Institutions Bureau supervisory examiners meetings are subject to disclosure under the FOIA, because Mich. Trade secrets or commercial or financial information voluntarily provided to an agency for use in developing governmental policy" are exempt from disclosure when under certain conditions.
See also Booth Newspapers Inc. A public body need not disclose a bid or proposal to enter into a contract or agreement "until the time for the public opening of bids or proposals, or if a public opening is not to be conducted, until the time for the receipt of bids or proposals has expired.
Iosco County, Michigan - Wikipedia
City of Detroit, Mich. In the wake of September 11, , the legislature amended the FOIA to address certain concerns regarding homeland security. A public body may exempt from disclosure "[r]ecords or information of measures designed to protect the security or safety of persons or property, whether public or private, including, but not limited to, building, public works, and public water supply designs to the extent that those designs relate to the ongoing security measures of a public body, capabilities and plans for responding to a violation of the Michigan anti-terrorism act.
However, an exception exists that requires an examination of the disclosure's effect. If the disclosure of the information "would not impair a public body's ability to protect the security or safety of persons or property," such information is not exempt from the FOIA's disclosure requirements.
Likewise, the information is not exempt from disclosure if "the public interest in disclosure outweighs the public interest in nondisclosure in the particular instance. See generally Mich. City of Southfield , Mich. Michigan Technological University , 93 Mich.
Finding Someone’s Criminal Records in Iosco County
The Supreme Court in Bradley held that the disclosure of the disciplinary record of a public school teacher was permissible under FOIA. See Landry v. City of Dearborn , Mich.
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Travel expense reports did not meet an exemption because the reports could lead to discovery of personal information. Booth Newspapers , supra. The Court of Appeals held that the City acted whimsically in denying the plaintiff immediate access to the tapes. Meredith Corporation v.
City of Flint , Mich. Kent County Sheriff , Mich. Newark Morning Ledger Company v. Saginaw County Sheriff , Mich. Swickard , supra at quoting Reporters Committee.