Injustice in the Upper Peninsula

You gain strength, courage, and confidence by every experience in which you really stop to look fear in the face ~ Eleanor Roosevelt

State of Michigan FOIA Laws

The following is a partial summary of Michigan's FOIA Laws from the A.G.

Go to http://www.michigan.gov/ag/0,1607,7-164-17337_18160-51242--,00.html for the entire summary.

or read Act 442 of 1976 in it's entirety at:

http://www.legislature.mi.gov/(S(gm5jq5zgehai5f45uy2t0d45))/mileg.aspx?page=getobject&objectname=mcl-act-442-of-1976

The following is an updated summary of the basic provisions of the Freedom of Information Act (FOIA) as amended by 1996 PA 553. The actual text of the statute follows in Section II.

Basic Intent:
The Freedom of Information Act regulates and sets requirements for the disclosure of public records by all “public bodies” in the state.

Key Definitions:
“Public body” means a state officer, employee, agency, department, division, bureau, board, commission, council, authority, or other body in the executive branch of the state government, but does not include the governor or lieutenant governor, the executive office of the governor or lieutenant governor, or employees thereof. It also includes:

  • an agency, board, commission, or council in the legislative branch of the state government;
  • a county, city, township, village, inter county, inter city, or regional governing body, council, school district, special district, or municipal corporation, or a board, department, commission, council or agency thereof; or
  • any other body which is created by state or local authority or which is primarily funded by or through state or local authority. It does not include private non-profit corporations.

“Public record” means a writing prepared, owned, used, in the possession of, or retained by a public body in the performance of an official function, from the time it is created.

What Records Are Covered in Michigan

What Government Bodies Are Covered

You can inspect the public records of any Michigan agency, department, division, bureau, board, commission, or council in the executive and legislative branches of the state government. You can also inspect the records of bodies created by or funded primarily by state or local authorities. However, the Freedom of Information Act does not apply to the Michigan state legislature or its committees, nor to the state courts. Mich. Comp. Laws § 15.232. Refer to Access to Government Meetings in Michigan and Michigan State Court Records for more information on how to access records from the state legislature and the state courts.

What Types of Records Can Be Requested

You can inspect all "public records" of the government bodies subject to the Michigan FOIA. The term "public record" refers to any "writing prepared, owned, used, in the possession of, or retained by a public body in the performance of an official function, from the time it is created," including computerized data, but not including software. Mich. Comp. Laws § 15.232.

Exemptions

A FOIA coordinator (the government officer who controls or has access to public records for a public body) may refuse disclosure of the requested records if one or more of the following statutory exemptions applies:

  • information that would constitute a clearly unwarranted invasion of an individual's privacy
  • certain investigatory materials compiled for law enforcement purposes
  • records pertaining to the physical security of custodial or penal institutions, unless public interest in disclosure outweighs the public interest in nondisclosure
  • records exempted under another statute
  • records that are transmitted from one public body to another, as long as the records fall into any of the exemptions listed under the Michigan FOI statute
  • trade secrets or commercial or financial information voluntarily provided to an agency for use in developing governmental policy and upon a promise of confidentiality
  • information subject to attorney-client privilege, physician-patient privilege, psychologist-patient privilege, the minister, priest, or Christian Science practitioner privilege, or other privilege recognized by Michigan law
  • records containing proposals and bids to enter into any contract until the time the proposals and bids are to be opened publicly
  • appraisals of real property acquired by a public body
  • test questions and answers, and scoring keys used to develop, administer or score a test or examination, as long as the information is to be used for another test or examination by the public body
  • medical, counseling, or psychological facts which would reveal a person's identity
  • advisory internal communications that are meant to assist with a final agency determination of policy or action, unless public interest in disclosure outweighs the public interest in nondisclosure
  • law enforcement plans for addressing situations involving public safety, unless public interest in disclosure outweighs the public interest in nondisclosure
  • information that would reveal the exact location of archaeological sites
  • academic transcripts of students who are delinquent on university loans
  • records of a campaign committee, including those that receive state campaign monies
  • personal information about law enforcement officers and their families
  • information identifying an informant
  • operational instructions and staff manuals for law enforcement officers
  • information about investigations into a health care professional's compliance with the public health code before a complaint is issued
  • records on a public body's security measures
  • records from a public body where the requester is party to a civil lawsuit against the public body
  • all application material that could be used to identify a candidate desiring the position of university president, unless the candidate has already been identified as a finalist
  • building and infrastructure plans and emergency procedures whose disclosure might create a public safety risk, unless public interest in disclosure outweighs the public interest in nondisclosure
  • records that are protected by the federal Family Educational Rights and Privacy Act of 1974

For more information about the exemptions as they appear in the statute, refer to Mich. Comp. Laws § 15.243. Additionally, you should also consult the Reporters Committee for Freedom of the Press's Open Government Guide: Michigan, and the Office of the Michigan Attorney General's helpful summary to better understand the exemptions for the Michigan FOIA.

What Are Your Remedies in Michigan

You have several options open to you should the FOIA coordinator deny your request. First, try to work with the FOIA coordinator. If the public body is relying on an exemption, ask the FOIA coordinator to release the nonexempt portions of the record with the exempt portions removed or redacted.

You may also petition the head of the public body. If she finds that the records are public, the FOIA coordinator will be forced to comply with your request. If, on the other hand, the head of the public body issues a denial, you are entitled to seek court review of the denial. You have 180 days to file a lawsuit with the Michigan state court to enforce compliance with your request. See Mich. Comp. Laws § 15.240. If the court finds that the requested records are public, the court can not only compel the public body to comply with the request, but may also award attorneys' fees and costs, as well as damages, which may include punitive damages. See Mich. Comp. Laws § 15.240(6)-(7). Refer to our section on Finding Legal Help for more information on how to get legal assistance to help you assess the merits of a potential lawsuit against the government entity.

See also the Attorney General's Summary of the Michigan FOIA (scroll down to the "Denial of a Record," "Enforcement," and "Penalties for Violation of the Act" sections). 

Opinions from our Attorney General, Mike Cox: 

 http://www.michigan.gov/ag/0,1607,7-164-17337_18160-51244--,00.html

August 17, 1998

Dear Citizen:

Few things are as critical to preserving our democratic ideal as assuring that the people are afforded every opportunity to know how their government works. For that reason, I vigorously support Michigan's laws that open the doors of government to the people.

The Michigan Freedom of Information Act provides every person with the right of access to most public documents. Where access to records is wrongfully denied, citizens are authorized to bring suit to compel disclosure and may be awarded damages and reasonable attorney fees.

The following information is compiled to help you know your rights under the Freedom of Information Act.

Very truly yours,


Attorney General
State of Michigan

The Michigan Freedom

of Information Committee

(A non-profit organization)

The M.F.I. Committee is a non-profit organization with a single focus:  To ensure the public’s right to open access to government records and meetings, as provided by federal law and by Michigan’s Freedom of Information and Open Meetings acts.

To preserve these rights, the M.F.I. Committee:

• Offers information and advice to Michigan citizens regarding FOIA and OMA issues.
• Provides seminars, workshops and speakers free of charge.
• Responds to FOI developments and trends in Michigan.
• Assists in linking citizens to attorneys who specialize in FOIA and OMA.
• Advocates stronger sunshine laws and opposes legislative initiates that would abridge the public’s right to access.

http://www.mfoia.org/