Recent changes to Michigan’s Freedom of Information Act (FOIA) address two major concerns regarding the accessibility of public records – costs and delays. The new law, which will take effect on July 1, 2015, will make it less expensive for those seeking public records and also impose harsher fines on governmental agencies that delay responses.
Michigan first passed its FOIA in 1976 in the wake of the Watergate Scandal in Washington. Michigan’s FOIA is a series of laws designed to guarantee that the public has access to public records of government bodies at all levels in Michigan. Several other states and the federal government passed similar laws to increase access to public records and prevent future abuses.
Among the changes to Michigan’s FOIA are:
- A governmental agency may not charge more than 10 cents per page for copies.
- There will be an increased fine on governmental agencies that delay responses.
- A governmental agency will be required to deliver public records electronically if requested and if the agency has the ability to deliver the records electronically.
- Labor costs may be reduced if a governmental agency does not respond to FOIA request in a timely manner.
- A person requesting public documents may sue the governmental agency if they consider the fees to be exorbitant.
This article provides a brief synopsis of the changes to Michigan’s FOIA. If you have questions regarding your rights or obligations under FOIA you should review the new legislation with legal counsel.
