OVERVIEW OF THE

FREEDOM OF INFORMATION ACT

The Freedom of Information Act ("FOIA") states that it is public policy in Michigan that all persons, except those incarcerated in state or local correctional facilities, are entitled to full and complete information regarding the affairs of government and the official acts of those who represent them as public officials and public employees. The Act provides for detailed procedures to be followed in making and responding to requests for information. An overview of the Act follows:

  1. The Act covers the City of Midland, its Council, Boards, Committees and Commissions.
  2. "Public record" is defined by the Act as a writing prepared, owned, used, in possession of, or retained by the City in the performance of an official function, from the time it is created. Public record does not include computer software.
  3. "Writing" is broadly defined to mean typewriting, printing, handwriting, photostatting, photographing, maps, tapes, computer disks or tapes, or any other means of recording.
  4. "Written request" means a writing that asks for information and includes a writing transmitted by facsimile, electronic mail or other electronic means.
  5. The Act does not require an employee to make a compilation, summary or report, nor create a new public record where one does not exist. All requests for information must specifically describe a document or the information to be obtained.
  6. Upon written request, a person has a right to inspect, copy or receive copies of a public record which is not declared exempt.
  7. A person must be provided a reasonable opportunity and reasonable facilities to inspect public records during the usual business hours. However, a public body may make reasonable rules necessary to protect its public records from loss, unauthorized alterations, mutilation or destruction and to prevent excessive and unreasonable interference with its functions.
  8. A fee may be charged for a public record search, copying a record for inspection or for providing a copy of a public record. The fee shall be limited to actual mailing, labor and copying costs. At the time the request is made, the City may request a good faith deposit from the requesting person if the fee exceeds $50.00. The deposit shall not exceed one-half of the total anticipated fee. The first $20.00 of the fee may be waived when a requesting person submits an affidavit stating that the person receives public assistance or is indigent. Fees of $5.00 or less shall be waived.
  9. The City must respond to a request by providing the record within five (5) business days after the day the request is received. Written requests transmitted electronically are considered to have been received one (1) business day after transmission is completed. In responding, the City must do one of the following:

a. Grant the request.

b. Issue a written notice denying the request.

c. Grant the request in part and issue a written notice for denying in part.

d. Extend the time to respond to a request by ten days by issuing a written notice of extension within the five (5) day original response period. No more than one extension can be obtained for any particular request. Failure to respond to a request constitutes a final decision to deny the request.

  1. The FOIA Coordinator is charged with the responsibility of denying a request for information. In the FOIA Coordinator's absence, the City Attorney shall be charged with this responsibility. If necessary, other persons may also be charged.

A written notice denying the request shall contain:

a. If applicable, an explanation for the basis under the Act for the denial of any portion of the request. Information may be denied in whole or in part because it is exempt from disclosure under Section 13 of the Act.

b. If applicable, a certificate that the public record does not exist under the name given by the requester or by another name reasonably known to the City.

c. If applicable, a description of that portion of the request that is deleted due to exempt status.

d. The signature of the FOIA Coordinator or the individual charged to be responsible for approving denials.

e. A full explanation of the requesting person's right to do either of the following:

(i) Submit to the City Council a written appeal that specifically states the word "appeal" and identifies the reason or reasons for reversal of the disclosure denial.

(ii) Seek judicial review of the denial in Circuit Court within 180 days of the City's final determination to deny the request pursuant to Section 10 of the Act.

f. Notice of the right to receive attorney's fees, costs and disbursements as provided under the Act if, after judicial review, the Circuit Court determines that the public body has not complied with Section 5 of the Act and orders disclosure of all or a portion of public record.

  1. Within 10 days after receiving a written appeal, the City Council shall do one (1) of the following:

a. Reverse the disclosure denial.

b. Issue a written notice to the requesting person upholding the disclosure denial.

c. Reverse the disclosure denial in part and issue a written notice to the requesting person upholding the disclosure denial in part.

d. Under unusual circumstances, issue a notice extending for not more than ten (10) days the period during which the City Council shall respond to the written appeal. The City Council shall not issue more than one (1) notice of extension for a particular written appeal.

Return to the City of Midland Freedom of Information Act Policy