PUBLIC INFORMATION SHEET
FREEDOM OF INFORMATION ACT
The Freedom of Information Act requires the City of Midland to
provide copies of non-exempt public records, to furnish a
requesting person a reasonable opportunity for inspection and
examination of its non-exempt public records, and to furnish
reasonable facilities for making copies of memoranda or abstracts
from its non-exempt public records. The City of Midland, under
the Act, may make reasonable rules necessary to protect its
public records and to prevent excessive and unreasonable
interference with the discharge of its functions. To this end,
the following policies and procedures have been established:
- A request to review or obtain copies of non-exempt
materials may be made in person, transmitted
electronically or mailed to the City at its offices,
located at 333 West Ellsworth Street, Midland, Michigan.
The City's fax number is (989) 835-2717. The City's
e-mail address is: cityhall@midland-mi.org. Requests must
identify specific documents or contain enough information
to enable staff to fulfill the request.
- The Act does not require the City to make a compilation,
summary or report of information. All requests for
information must specifically describe a document or the
information to be obtained.
- The cost for filing the request shall be limited to the
actual costs incurred by the City. No paperwork will be
required or charges levied for requests to review
specific documents which are required by ordinance to be
made available to the public by the City Clerk. A request
form must be filled out for other documents and stamped
with the date and time the request was made. If it is
estimated that a request will cost more than $50.00, a
deposit of one-half the estimated cost must be paid
before searching, reviewing and copying documents
commences. The request will expire five (5) days after
notification of the deposit. Fees of $5.00 or less shall
be waived.
- Certain information is exempt from disclosure under the
Freedom of Information Act. A notice as to whether a
request will be approved, denied in part, or denied
totally will be provided to the requesting party within
five (5) business days of the time the request was
received.
- The City will issue a notice extending for not more than
ten (10) business days the period necessary to respond to
a request if additional time is required.
- If a request is approved, a time will be arranged to
review the materials or to obtain copies. All charges
incurred must be paid before copies are obtained. If the
requesting party only requests to review and make notes
from non-original documents, a reasonable place will be
provided in which to do this. If a requesting party wants
to review original materials, a staff member shall be
assigned to monitor the review to insure that the
integrity of all materials is maintained. A monitor may
be required at other times at the discretion of the FOIA
Coordinator or his or her delegate. At the end of the
review, the requesting party will be required to pay any
labor costs incurred for monitoring.
- If a person requesting records is determined to be
indigent, the first $20.00 incurred for any single
request will be waived. To claim indigency, an Affidavit
of Indigence must be completed indicating that the person
is on public assistance stating facts showing inability
to pay the costs because of indigency. A person shall be
assumed to be indigent if his or her income is below the
Federal poverty level as determined by the Census Bureau.
- If a request is denied, a notice shall be issued
explaining the reason for the denial. If the requesting
party is not satisfied with the justification for the
denial, he or she may appeal this decision to the City
Council or commence action in Circuit Court pursuant to
Section 10 of the Act.
Return to the City of Midland Freedom of
Information Act Policy