Michigan Freedom of Information Act

Let’s say that your business is interested in purchasing a particular property, but you know that there have been some disputes in the past regarding this property.  These disputes have been between the city (and its various departments) and prior owners and neighbors.  How can you learn the details of these disputes?  One easy way is by requesting information from the city itself under the Michigan Freedom of Information Act, or “FOIA.”

FOIA could also be helpful if your business was negotiating with a city to enter into a contract.  You could use FOIA to obtain copies of prior contracts that the city has entered into with other businesses.

If your business was involved in a dispute with a business that is required to be licensed by the state (such as a medical practice or insurance company), you could submit a FOIA request to the state regarding their licensing history and any disciplinary proceedings.

The Michigan Freedom of Information Act, MCL 15.231 et seq., requires all “public bodies” in the State of Michigan to disclose certain public records upon request.  The entire Act is available at http://tinyurl.com/l22wnu.

“Public records” include, but are not limited to, the following:

• open meeting minutes;
• voting records;
• staff manuals;
• written statements interpreting laws, rules, and policies;
• reports

The records may be in any format – hand-written, typed, photocopies, photographs, sound recordings, maps, discs, or any other means of recording information.

There are also several types of records that are exempt from FOIA disclosure.  These include, among other types:

• records disclosing personal information about an individual;
• investigation records compiled for law enforcement proceedings (with limitations);
• any records that would compromise security;
• student records;
• trade secrets;
• information subject to attorney-client or other privilege;
• test questions and answers;
• pending public bids

To obtain information under FOIA, simply send a letter detailing the requested information to the FOIA Coordinator at the applicable “public body,” which includes all state and local government agencies, divisions, and officials in the state, with the exception of the governor, lieutenant governor, and employees of the executive branch.  “Public body” also includes all bodies created or funded by state or local authority, including public schools, some hospitals, and public libraries.

Based on the above example, your letter should request all applicable information regarding the particular property and the appropriate time frame, and should be addressed to the FOIA Coordinator in the appropriate city.

You may request to inspect, copy, or receive a copy of the applicable public records.  The FOIA Coordinator must respond to your request within 5 business days, with a possible extension of 10 business days.  The “public body” may charge you for copying or inspecting records, as well as separating confidential information from the other requested records.  This fee must be limited to actual copying, mailing, and labor costs.

If the FOIA coordinator denies your request, they must provide a full explanation for the denial, and advise you of your right to appeal.   You may appeal then to the head of the applicable public body, or directly to circuit court.  If you choose to file in circuit court, the lawsuit must be filed no more than 180 days after the public body’s final denial.  If the court finds that the public body violated FOIA, it can award actual and/or compensatory damages, as well as punitive damages of $500.00.

This article was written by Melissa L. Demorest, Associate at Demorest Law Firm. Click here to view her professional resume.