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LANSING POLICE DEPARTMENT
, RECORD DISCLOSURE REQUEST I
Freedom of Information Act (FOIA) '~[; CUb VEIl
.' ',;'1-,. '.1;) .'. j
L ARI,§Tf.l~'¥0 t'[f{).[ Ok,P [.
Please Print Clearly 'ZOOq . JUN .; 2 A 1: \0

Note: This request cannot be honored unless the information you provide is sufficient enough to enable us to locate
the record(s) or ifth.e request Is not legible .
Cost: . 53 cents per minute labor, plus .03 cents per page, $2.00 per photo, $6.00 for off pits retrieval fee, .41 cents ..
oostace.
NAME OF REQWESTOR: ~£E ATrAc ,,\-fEn £-MA-H_,
STREET APDRI;SS: .: Apt/Lot:
CITY: State: Zip Code: DAYTIME PHONE:
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EMAIL ADDRESS: (If you want to be notified via EMAIL when
your request is ready to be picked up)
PLEASE READ BEFORE SIGNING:
Given how the City of Lansing has been instructed on redacting FOIA requests by our City Attorney's and by the
recent Michigan Court of Appeals ruling, FOIA redactions forthis report, may be extreme. Many papes-may not. have '.
anything intelligible to read. You may be paying for many unreadable sheets. l.understand by signing below, I assume I
full responsibility for paying any cost involved in retrieving, copying and processing the documents requested.
Signature of Requestor: Date:

COMPLAINT NUMBER(S): O~o52ZDz;2..?;.-ZLt. 0'105 '2.2..037_?_ as:». I
TYPE OF INCIDtNT: Nc(;EIVEDl l
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ACCUSED NAME: OB: r-
VICTIM NAME: r OB: JUN 022009
LOCATION OF INCIDENT:
DATE and TIME OF INCIDENT: L!;anSi'!fi1 City A·ttorney
.. " . . '" ., .
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Request taken by: .{<S) Costs: FOIA# "-
Your FOIA Request is: 0 Granted in full
0 Granted iri part, denied in part. (See explanation below).
0 Denied. (See explanation below).
0 Unable to Locate based on the Information you provided.
Note: If you disagree with this determination you have the right to either appeal to the "Head of Public Body" or judicial review ·in Circuil Court. If
you select to appeal to the "Head of Public Body," you must submit a written appeal which specifically states the word "APPEAL" and identiry
the reason(s) for reversal of the disclosure denial. If you select the Circuit Court and the Court determines the records have been arbitrarily
and capriciously denied, it may award actual or compensatory damages, punitive damages (In the amount of $500.00), reasonable attorney
fees, costs and disbursements.
Reason for denial or Partial Denial:

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Date Request Ready: Release Approved by:
(Use: ForA request made in person.) 05-2009/jmp
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From:

To:

Date:

Subject:

Todd Heywood <heywood.reporter@gmail.com>

Noel Garcia <ngarcia@ci.lansing.ml.us>, <ngarcia@lansingmi.gov> 6/1/20092:23 PM

FOIA request

Dear Lt. Garcia

This is a request for all police arrest reports associated with the May 22 undercover operation by LPD's Special Operations Division. From your reports to me, there were two arrests that day for indecent exposure and warrant issued for a third man. In addition to those arrest records I would like all internal emails or other communications regarding the operation both before and after, specifically who was informed of the operation, and when. Thank you so much for you assistance on this matter.

Sincerely

Todd A. Heywood

Capitol Reporter, Between the Lines Newspaper

Fellow, Center for Independent Media, MichiganMessenger.com

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LANSING POLICE [)EPARTMENT

120 W, MichiganAve. lansing, Michigan 48.$33 (517) 48S·46QO(TDDlVoJcfi) FAX: (517)377-0162 .

June4,2009

Vim Bernaro,Mayor MClrk E .. Alley, Chief of Police

Mr. Todd Heywood 645 Fairview Lansing, MI 48912

Re: FOiA request for 09052203231'4; 090522032383

Dear Mr. Heywood:

Pursuant to the above-referenced FOIA request which this office received on June 2, ~W09, please be advised that your request is denied because, as lam advised by the Ingham County Prosecuting Attorneys Office, neither defendant has been arraigned onthe matter and there is concern that publlcation of information which may be made available by granting your request would jeopardize the defendants' rig:ht to a fair trial. The I.pcident Reports are therefore exempt fromdisclosur~ pu[s[jElntJo Mel 15.243 (1)(b)(I) and MCL15 .. 243 (1)(b)(ii).

Further, the internal ernails or other communications regarding what was said intheplanning and post execution stage ofasting operation are exernpt.frorn disclosure pursuant to MGL 15.243 (1)(s)(v) because the interest in puhlic nondisclosure outweighs the public interest in disclosure.

If you disagree with thisdetermination, you have the right toeltherappeal to the "head of the public body," l.e. the President ofthe City Council, purs.[janft6 MCl i 5;232(ci)(iIi),orjudicfaJ revieW in Circuit Gourtwithin t80days of thecjenlaL if you select to appeal to the President Of th.e GIty CounciL you must submtta written appeal which specifically states the word "appeal" and identify the reason or reasons for the reversal of the disclosure denial. If you select the Circuit Court and the Court determines that .records have been arbitrarily andc3pridously denied, it may award actual .01" ccrnpensaterydemaqes, punitive oarnages (lnfhe amountof $5.00.00), reasonableattorney fees, costs and disbursements.

"POLIClI fJ, COI\<fMvNrty PARTNERSHIPS FOFlPf/OGFlES$& EXCEl.LENCE;' ~Equal Opportunity Employer"

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June 29, 2009

Todd Heywood 645 Fairview Lansing, MI 48912

Re: Appeal for Freedom of Information Act Request

Dear'Mr. Heywood:

This is to acknowledge receipt of your appeal stemming from the June 4, 2009 denial of your June 2,2009 Freedom of Information Act ("ForA") request. After a thorough review and careful consideration of your appeal request, it is my decision as the "Head of the Public Body" to 'uphold the denial for the same reasons previously outlined to you in the original denial response letter,

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Regarding your request for the police department (LPD) an-est records, you acknowledge I

the release of these records prior to the individuals being charged is an acceptable reason for the I

denial. Because you acknowledge this reason alone as a basis for the denial of the police reports, )11

I find it unnecessary to consider your further arguments concerning the records. Further, even

----+IIOugh.-you-concll1de-thaHhe-matters-aTe~n0-1engel!..Ge1'l:s:iEle1'eE1-an-eflg.n-iH-vg.stig~,a:!::!ti~G~nL,'::::' I~f.i~-:m~- Q~- :l:thi~, .'~£===========-T incorrect, From the LPD prospective, until the charges are issued, the matters remain open

investigations subject to additional requests from the prosecutor.

Regarding your second request - for the internal communication, I find that the denial properly considered this request to be for LPD records. Your request was made to Lt. Garcia, the LPD information officer, and was, thus, reasonably understood to be for police records. As such, ' your request for communication regarding operations clearly falls under the exception in MeL 15.243 (1 )(s )(v), i.e., the disclosure of operational instruction for law enforcement officers or agents. These records are subj ect to exemption under M CL 15.243 (1)( s) if it is determined that public

interest in non-disclosure outweighs the public interest in disclosure. This was, in fact, the

determination made. '

Tenth Floor City Hall 124 W. Michigan Ave.

Lansing, MI 48933 517-:-483-4177 Fax: 517-483-7630

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In your appeal, you seem to indicate that you intended this request to also be for records outside the police department. TIIis was 110t indicated in your request made to LPD. If in fact this is your intent, you are invited to submit a clear request for such records.

Therefore, based upon my review of the denial and Michigan law, I believe that the denial should be affirmed.

Todd Heywood

FOIA Appeal

June 29> 2009

Page Two .

If you choose to pursue this denial through the Circuit Court and the Court determines that records have been arbitrarily and capriciously denied, it may award actual or compensatory damages, punitive damages (in the amount of $500.00), reasonable attorney fees, costs and disbursements.

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Head of the Public Body

Sincerely,

cc: Brigham C. Smith, City Attorney

Jack Ro.berts, ChiefFOIA Coordinator

Tenth Floor City Hall 124 W. Michigan Ave.

Lansing, MI 48933 517~483~4177 Fax: 517~483~7630

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City of Lansing

OFFICE OF TI-IE CITY ATTORNEY

Brig Smith, City Attorney

June 30, 2009

Mr. Todd Heywood 645 Fairview Lansing, MI48912

Re: Fenner Park FOIA Records

Dear Todd:

1 have just learned that the Ingham County Prosecutor's Office had also been reviewing the Fenner Park cases at the time of your FOIA request and appeal. The ICPO, in fact, issued charges in each case, and the defendants in each case have pleaded guilty. 1 therefore find that the reasons for denying your FOIA request no longer existed at the time you filed your appeal. Your June 1, 2009 FOIA requested is hereby granted and the documents you requested are attached.

Please feel free to contact me with any questions or concerns.

cc: Randy Hannan, Deputy Chief of Staff Mark Alley, Chief of Police

Derrick Quinney, President, City Council

Fifth Floor, City Hall • Lansing, Michigan 48933 • (517) 483-4320 • Fax (517) 483-4081 • cityatty@lansingmi.gov

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OFFICE OFTHEMAYOR

9th Floor, City Hall 124 W, Michigan Avenue

Lansing, Michigan 48933·'1694 (517) 483-4'141 (Voice) (5'17) 483·4479 (TOO) (517) 483-6066 (Fax)

mayor@cl.lansing,mi.us

Virg Bernero Mayor

July 29,2009

Honorable Mike Cox Attorney General

Gi Mennen 'Williams Building, 7th Floor 525 W, Ottawa St.

P,O, Box 30212

Lansing, MI48909

Dear Attorney General Cox,

I am requesting that you initiate an independent investigation of the City's release, in response to a Freedom ofInformation Act ("FOIA") request, of a police report containing a defendant's self-disclosed alleged HIV status. The police report related to the defendant's indecent exposure arrest for an incident occurring at Fenner Park.

By way of background, 011 May 22, 2009, undercover Lansing Police Department ("LPD") officers arrested two individuals for indecent exposure at Fenner Park. On July 2, 2009, the Triangle Foundation, Lansing Association for Human Rights, City Pulse Newspaper, and Center for Independent Media (michiganmessenger.corn) made a FOrA request for these individuals' police reports. On June 4, 2009, the Office of the City Attorney denied the request, which was then appealed to the City Council President as head of the "public body" under FOrA. On June 29,2009, the Council President denied the appeal on the basis, in part, that the Fenner Park arrests were the subject of a pending investigation, and that the Ci ty Attorney had not, as yet, issued charges.

On June 30, 2009, the City Attorney learned that the Ingham County Prosecutor's Office lwei also received copies of the Fenner Park incident reports, The Prosecutor's Office had apparently, and independently, issued charges against each individual, and each individual had already pled guilty, When the City Attorney learned of this, he immediately made a disclosure to my Administration and the Ci ty Council, and granted the previously denied Ff/l/. request, with limited redactions for exempted material, such as the identity of the undercover officers,

"Equal OpportUnity Employer"

July 29,2009 Honorable Mike Cox Page 2

One of tile incident reports releasedin granting the FOIA request contained a statement by the defendant regarding his alleged HIV status, although no medical testing nor review of any medical records was performed by LPD or any other City official so the defendant's statement regarding his medical condition has not been confirmed. The pertinent portion of the report reads:

:r read the accused his Miranda rights. I advised the accused that he was arrested for indecent exposure.

The accused replied, "I didn't expose myself" I then reminded him that he exposed his penis directly to me. The accused replied, "The only time I exposed myself was to 'piss' (slang term to describe urinate), and J couldn't 'piss' because you were watching me." I then asked the accused, "Did you see all those children there at the [Fenner Park] Arboretum?" The accused replied, "Yeah."

Ofc. [REDACTED] discovered that the accused had several containers of medication within his vehicle during the search incident to arrest. The accused informed Ofc, [REDCATED] that he was HIV positive, and has had HIV for the last 18 yeats. I then asked the accused why he informed me he was "clean". The accused became sarcastic and stated, "I'm cleaner' than you, look at you, you're unshaven and I'm not." The accused stated, "I didn't cOllle over here to have sex, just to be here with you and another guy - that's all." (Emphasis added).

I have serious concerns about the propriety of releasing this information, concerns 1 share with many members of the community. In particular, although I realize FOIA has a policy of broad disclosure, J want to ensure that release of this information did not violate the Health Insurance Portability Accountability Act (Hll)AA) or the Michigan Public Health Code, 1978 PA 368 (MCL 333.1531) and to obtain your guidance for future reference.

Although the City Attorney has opined that this FOIA release violated neither I-Ill)AA nor the Public Health Code, I believe an independent investigation by your office is warranted. I hereby request that you independently investigate this matter to determine whether the release of this information pursuant to FOIA violated either I-IIPAA or the Michigan Public Health Code. I have enclosed the relevant documents for your review and am available for any questions you may have.

Sincerely,

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VirO'Ben~ b

Mayor of Lansing

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POBox 30218 L.ANSlNO. MICHIGAN 48909

MIKE COX

A ITORNEY GENERAL

August 28, 2009

Mayor Virg Bernero City of Lansing

9th Floor, City Hall

124 W Michigan Ave. Lansing, MI 4893.3-1694

Dear Mayor Bernero:

By your letter dated July 29,2009, you have requested the Attorney-General to conduct an independent investigation into the circumstances surrounding the disclosure of certain documents by the City of Lansing pursuant to a Freedom of Information Act (FOIA) request Specifically, you have raised concern that a particular disclosure may have violated either the Health Insurance Portability Accountability Act (HIP AA) or the Michigan Public Health Code (PRC).1 You further indicate that the City Attorney has opined that the disclosure did not violate either body of law Based on our review of all ofthe material, there is an insufficient basis for this office to disturb the findings 01' the actions of the City Attorney,

First, it is important to note that there does not seem to be any disagreement with regan) to the facts at issue. Your letter lays out the pertinent facts, and we have observed no information that is at odds with the recitation provided, As the underlying facts are straightforward and well known, I will not recite them again here,

Second, it is of central importance to this question that the disclosure was an unconfirmed statement from the individual that was reproduced in the report of'the police officer The disclosure was not a test result or similar definitive medicalfinding of the BIV status ofthe individual, but rather the purported statement of'a suspect. The police report indicates that the individual actually made conflioting statements on having a communicable disease? Thus, based upon the report, the veracity of these statements is unclear. In any event, given the nature and character ofthe information, there exists a rational basis for the City Attorney to have drawn a distinction between what the statute' appears to target and the information at issue in this case ..

Of course, given that there is a measure of'discretfcii Involved in a FOIA review, a redaction of this information under certain exemptions may also have been well founded-as was apparently done by the Ingham County Prosecutors Office. The presentation of differences in the redactions by different agencies does not, ipso facto, mean a violation must be present.

-_ ~- -- ---Thifd;with- regard-to-the~IDPAkplivacy~m16;-the-rule-only-applies-to_!!covered-entities~1I -_ ---which would generally include health plans, medical providers, and health care clearing

I Specifically, MCl. 3.335131

2 A statement asserting he was "clean" was given to the undercover officer before his arrest. The statement in question was made after discovery of a controlled substance was located by police in his vehicle.

Mayor Bemero August 28, 2009 Page 2

houses-not the City of Lansing 3 Hence, there appears no basis for finding a violation of'

HIP AA flowing from these events. Even if Borne HlP AA violation could be found, enforcement is the sale responsibility of federal authorities,"

In conclusion, it is not the role of this office to substitute om' judgment in place of'the City Attorney Instead, we have examined the information to determine if there is a basis to conclude that a criminal violation has occurred as a result of the disclosure As there is. a reasonable argument to support the disclosure, a criminal violation ofthe PHC would not be supported" Accordingly, we are closing our file on this matter.

Sincerely yours,

David E. I anay Division Chief Criminal Division

345 C.F R. 164501 .

4 Administration and enforcement of'the HlP AA privacy rule is within the exclusive jurisdlction of'the United States

Department of Health and Human Services, Office fOI Civil Rights

5 As the relevant provisions of the PHC are penal in nature, they must be strictly-not broadly=construed.

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Brig Smith, City Attorney

City of Lansing

OFFICE OF THE CITY ATTORNEY

FOIA

Policies and Procedures

rev. 11/9/09

This document supersedes any and all prior Office of the City Attorney (OCA) FOIA Policies and Procedures. It outlines the substantive and procedural safeguards to be used in responding to Freedom of Information Act ("FOIA") requests. See MCL 15.231 et seq. The first part, Policies, outlines important substantive issues in answering FOIA's. The second part, Procedures, outlines important procedural issues.

Policies

I. Statement of Policy: The requirements of the FOIA statute (the "Act") apply to the OCA and provide the procedural and substantive standards to be followed by the OCA.

II. Elaboration of Policy.

A. Key Definitions.

1. Public Body: "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:

a. an agency, board, commission, or council in the legislative branch of the state government; or

b. 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, councilor agency thereof; or

c. 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.

2. Public Record: "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.

B. Coverage: FOIA sets requirements for the disclosure of public records by all "public bodies" in the state. All state agencies, county and other local governments, including the City of Lansing, as well as school boards, other boards, departments, commissions, councils, and public colleges and universities are covered.

C. Public Records Open to Disclosure: In general, all records except those specifically cited as exceptions are covered by the Freedom of Information Act. The records covered include minutes of open meetings, officials' voting records, staff manuals, final orders or decisions in contested cases and the records on which they were made, and promulgated rules. Other written statements which implement or interpret laws, rules or policies, including, but not limited to, guidelines, manuals and forms with instructions, adopted or used by the agency in the discharge of its functions, are also covered.

D. Public Records Exempt From Disclosure: A public body may withhold from public disclosure certain categories of public records under FOIA consistent with limitations and requirements established by Michigan appellate courts. The following items track the numbering in the Act. See MCL 15.243(1)(a)-(y)

1. The following public records are exempt from disclosure under the Act:

a. Information of a personal nature if public disclosure of the information would constitute a clearly unwarranted invasion of an individual's privacy.

b. Investigating records compiled for law enforcement purposes, but only to the extent that disclosure as a public record would do any of the following:

(i) Interfere with law enforcement proceedings.

(ii) Deprive a person of the right to a fair trial or impartial administrative adjudication.

(iii) Constitute an unwarranted invasion of personal privacy.

--- __ (iy)_____Disclos_e_the_identity_oLa __ c_onfid_ential_SQurc~\ or if the. _

record is compiled by a law enforcement agency in the

course of a criminal investigation, disclose confidential

information furnished only by a confidential source.

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(v) Disclose law enforcement investigative techniques or procedures.

(vi) Endanger the life or physical safety of law enforcement personnel.

c. A public record that if disclosed would prejudice a public body's ability to maintain the physical security of custodial or penal institutions occupied by persons arrested or convicted of a crime or admitted because of a mental disability, unless the public interest in disclosure under this act outweighs the public interest in nondisclosure.

d. Records or information specifically described and exempted from disclosure by statute.

e. A public record or information described in this section that is furnished by the public body originally compiling, preparing, or receiving the record or information to a public officer or public body in connection with the performance of the duties of that public officer or public body, if the considerations originally givmg rise to the exempt nature of the public record remain applicable.

f. Trade secrets or commercial or financial information voluntarily provided to an agency for use in developing governmental policy if:

(i) The information is submitted upon a promise of confidentiality by the public body.

(ii) The promise of confidentiality is authorized by the chief administrative officer of the public body or by an elected official at the time the promise is made.

(iii) A description of the information is recorded by the public body within a reasonable time after it has been submitted, maintained in a central place within the public body, and made available to a person upon request. This subdivision does not apply to information submitted as required by law or as a condition of receiving a governmental contract, license, or other benefit.

g. Information or records subject to the attorney-client privilege.

h.

Information or records subject to the physician-patient privilege, the psychologist-patient privilege, the minister, priest, or Christian Science practitioner privilege, or other privilege recognized by

stanne.or.court.rule .. _

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i. A bid or proposal by a person to enter into a contract or agreement, until the time for the public opening of bids or proposals, or if a

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public opening is not to be conducted, until the deadline for submission of bids or proposals has expired.

j. Appraisals of real property to be acquired by the public body until either of the following occurs:

(i) An agreement is entered into.

(ii) Three years have elapsed since the making of the appraisal, unless litigation relative to the acquisition has not yet terminated.

k. Test questions and answers, scoring keys, and other examination instruments or data used to administer a license, public employment, or academic examination, unless the public interest in disclosure under this act outweighs the public interest in nondisclosure.

1. Medical, counseling, or psychological facts or evaluations concerning an individual if the individual's identity would be revealed by a disclosure of those facts or evaluation, including protected health information, as defined in 45 CFR 160.103.

m. Communications and notes within a public body or between public bodies of an advisory nature to the extent that they cover other than purely factual materials and are preliminary to a final agency determination of policy or action. This exemption does not apply unless the public body shows that in the particular instance the public interest in encouraging frank communication between officials and employees of public bodies clearly outweighs the public interest in disclosure. This exemption does not constitute an exemption under state law for purposes of section 8(h) of the open meetings act, 1976 PA 267, MCL 15.268. As used in this subdivision, "determination of policy or action" includes a determination relating to collective bargaining, unless the public record is otherwise required to be made available under 1947 P A 336, MCL 423.201 to 423.217.

n. Records of law enforcement communication codes, or plans for deployment of law enforcement personnel, that if disclosed would prejudice a public body's ability to protect the public safety unless the public interest in disclosure under this act outweighs the public interest in nondisclosure in the particular instance.

o. Information that would reveal the exact location of archaeological sites. The department of history, arts, and libraries may promulgate

____________ ---'-ules_in__ac_c_ordanc_e_with_the_adminis_tr_ative_l1Locedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, to provide for the disclosure of the location of archaeological sites for purposes relating to the preservation or scientific examination of sites.

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p. Testing data developed by a public body in determining whether bidders' products meet the specifications for purchase of those products by the public body, if disclosure of the data would reveal that only 1 bidder has met the specifications. This subdivision does not apply after 1 year has elapsed from the time the public body completes the testing.

q. Academic transcripts of an institution of higher education established under section 5, 6, or 7 of article VIn of the state constitution of 1963, if the transcript pertains to a student who is delinquent in the payment of financial obligations to the institution.

r. Records of a campaign committee including a committee that receives money from a state campaign fund.

s. Unless the public interest in disclosure outweighs the public interest in nondisclosure in the particular instance, public records of a law enforcement agency, the release of which would do any of the following:

(i) Identify or provide a means of identifying an informant.

(ii) Identify or provide a means of identifying a law enforcement undercover officer or agent or a plain clothes officer as a law enforcement officer or agent.

(iii) Disclose the personal address or telephone number of active or retired law enforcement officers or agents or a special skill that they may have.

(iv) Disclose the name, address, or telephone numbers of family members, relatives, children, or parents of active or retired law enforcement officers or agents.

(v) Disclose operational instructions for law enforcement officers or agents.

(vi) Reveal the contents of staff manuals provided for law enforcement officers or agents.

(vii) Endanger the life or safety of law enforcement officers or agents or their families, relatives, children, parents, or those who furnish information to law enforcement departments or agencies.

(viii) Identify or provide a means of identifying a person as a law enforcement officer, agent, or informant.

(ix) Disclose personnel records of law enforcement agencies.

(x) Identify or provide a means of identifying residences that law enforcement agencies are requested to check in the absence of their owners or tenants.

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t. Except as otherwise provided in this subdivision, records and information pertaining to an investigation or a compliance conference conducted by the department under article 15 of the

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y.

Records or information of measures designed to protect the security or safety of persons or property, whether public or private, including, but not limited to, building, public works, and public water supply designs to the extent that those designs relate to the ongoing security measures of a public body, capabilities and plans for responding to a violation of the Michigan anti-terrorism act, chapter LXXXIII-A of the Michigan penal code, 1931 PA 328, MCL_75_0_543_a __ to_75_O_.5A3z,_emergency_r_es_p_Qns_e _plans_, risk planning documents, threat assessments, and domestic preparedness strategies, unless disclosure would not impair a

. public body's ability to protect the security or safety of persons or

public health code, 1978 PA 368, MeL 333.16101 to 333.18838, before a complaint is issued. This subdivision does not apply to records or information pertaining to 1 or more of the following:

(i) The fact that an allegation has been received and an investigation is being conducted, and the date the allegation was received.

(ii) The fact that an allegation was received by the department; the fact that the department did not issue a complaint for the allegation; and the fact that the allegation was dismissed.

u. Records of a public body's security measures, including security plans, security codes and combinations, passwords, passes, keys, and security procedures, to the extent that the records relate to the ongoing security of the public body.

v. Records or information relating to a civil action in which the requesting party and the public body are parties.

w. Information or records that would disclose the social security number of an individual.

x. Except as otherwise provided in this subdivision, an application for the position of president of an institution of higher education established under section 4, 5, or 6 of article VIII of the state constitution of 1963, materials submitted with such an application, letters of recommendation or references concerning an applicant, and records or information relating to the process of searching for and selecting an individual for a position described in this subdivision, if the records or information could be used to identify a candidate for the position. However, after 1 or more individuals have been identified as finalists for a position described in this subdivision, this subdivision does not apply to a public record described in this subdivision, except a letter of recommendation or reference, to the extent that the public record relates to an individual identified as a finalist for the position.

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property or unless the public interest in disclosure outweighs the public interest in nondisclosure in the particular instance.

2. In addition, other exemptions apply for records protected by 20 USC 1232g, commonly referred to as the family educational rights and privacy act of 1974, see MCL 15.243(2), and limitations on exemptions apply to information otherwise required by law to be made available to the public or to a party in a contested case under the administrative procedures act of 1969, see MCL 15.243(3), or otherwise in the possession of the executive office of the governor, see MCL 15.243(4).

E. Availability of Public Records.

1. A request must be made in writing and provided to the FOIA coordinator of the public body. A FOIA coordinator may designate another individual to act on his or her behalf to accept requests for processing.

2. A person may ask to inspect, copy or receive a copy of a public record.

There are no qualifications such as residency or age that must be met in order to make a request. However, prisoners in state, county or federal correctional facilities are not entitled to make requests.

3. A person also has the right to subscribe to future issuances of public records which are created, issued or disseminated on a regular basis. A subscription is valid for up to six months, at the request of the subscriber, and is renewable.

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4. The public body or agency has a responsibility to provide reasonable facilities so that persons making a request may examine and take notes from public records. The facilities must be available during the normal business hours of the public body. Finally, the public body is obligated to take appropriate steps to safeguard original public records while being reviewed.

F. Fees for Public Records: A public body may charge a fee for the necessary copying of a public record for inspection or providing a copy of a public record to a requestor. A public body may also charge for search, examination and review and the separation of exempt information in those instances where failure to charge a fee would result in unreasonably high costs to the public body. The fee must be limited to actual duplication, mailing and labor costs. The first $20 of a fee must be waived for a person who is on welfare or presents facts showing inability to pay because ofindigency .

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1. Requests

G. Deadlines.

a. 5 Business Days: Not more than five business days after receiving a request, the public body must respond to a request for a public record.

b. 10 Business Days (Extension): The public body can notify the requester in writing and extend the time for an additional ten business days.

2. Appeals

a. 10 Days: Within 10 days of receiving an appeal, the City Council President must: (a) reverse the denial, (b) uphold the denial in writing, (c) reverse the denial in part and uphold the denial, in writing, in part, or (d) extend the time.

b. 10 Business Days (Extension): Under unusual circumstances, extend, in writing, for up to 10 business days, the period for responding, after which time the City Council President must do (a), (b), or (c). See MCL 15.240(2).

H. Denial of a Record: If a request for a record is denied, written notice of the denial must be provided to the requester within five business days, or within 15 business days if an extension is taken. A failure to respond at all, constitutes a denial. When a request is denied, the public body must provide the requester with a full explanation of the reasons for the denial and the requester's right to submit an appeal to the head of the public body or to seek judicial review. Notification of the right to judicial review must include notification of the right to receive attorney fees and collect damages.

I. Enforcement: A person may appeal a final decision to deny a request to the head of the public body. A person also has the right to commence an action in circuit court to compel disclosure of public records. The suit must be filed within 180 days after the public body's final decision to deny a request. The action may be brought in the county where the requester lives, the county where the requester has a principal place of business, the county where the public record is located, or a county where the public body has an office.

J. Penalties for Violation of the Act: If the circuit court finds that the public body has arbitrarily and capriciously violated the Act by refusal or delay in disclosing

------ - -- ----- or.providing.copies __ Qf_a_p_uhlic_r_e_c_ord,_it may,_ in ~dditiQl}_Jo_@y_a~tu_al_9L _ compensatory damages, award punitive damages of $500 to the person seeking

the right to inspect or receive a copy of a public record.

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Procedures

I. FOIA REQUEST RECEIVED.

A. Date stamp request when received (faxed requests do not need to be stamped, date is at top of fax copy).

B. As soon as possible, but not later than the day after receipt, transmit the request to coordinating assistant.

C. Coordinating assistant logs FOIA request on computerized log sheet:"

1. "Due out" date computed (5 working days after receipt; faxed requests are logged in on the next day's date.).

2. Print copy of updated log sheet for file.

3. Determine departments to forward request to.

II. REQUEST RECORDS FROM APPLICABLE DEPARTMENT(S).

A. Prepare request cover memo * to department(s).

B. Make copies and deliver hard/electronic copy to department where applicable records are retained.

C. Keep the original request and a copy of the cover memo for OCA records.

III. TRACKING AND EXTENSION NOTICE.

A. Track request so that it is responded to according to the time frames established in the Act.

B. If the request requires a voluminous amount of records to be copied or records are being requested of several departments, it may be necessary to send a notice of extension.

c. The extension notice is sent out on the first "due date" and extends the period for response an additional 10 business days.

IV. RECEIPT AND REVIEW OF RECORDS REQUESTED AND RESPONSE.

A. RECEIPT AND REVIEW.

- ---- ~----------1-. --- -8nce-all-documentslreeerds-are-reeeived,the--assigned-FOIA -Goordinator-------will review records for compliance with request and for any information

which may need to be redacted due to applicable exemptions.

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a. Make 2 copies of cover letter (1 to attach to request packet and 1 for billing file).

2. When review is complete, the coordinating assistant (using the cost/copying record) will determine costs (add benefit factor, as determined by Finance Department, add postage cost, and round total to nearest $.50) and the assigned FOIA coordinator will prepare cover letter" to requestor.

3. Submit letter of response and copies to assigned attorney for review and signature.

B. RESPONSE: Granted or Granted in Part.

1. Confirm accuracy of copies, including redactions.

2. Once response packet is returned by attorney:

b. If appropriate, make copy set of material being released.

c. Prepare envelope for mailing.

d. Put response in mail no later than due date, or extended due date.

C. RESPONSE: Denied.

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1. If no records are found applicable to the request, or if records applicable are exempt, prepare letter of denial. *

2. Submit letter of denial to assigned attorney.

3. Once denial letter and attached records are returned by attorney:

a. Make 1 copy of cover letter to attach to the packet to be retained.

b. Prepare envelope for mailing.

c. Put response in mail no later than due date, or extended due date.

V. PROCEDURAL AND SUBSTANTIVE SAFEGUARDS PRIOR TO RESPONSE.

A. PROCEDURAL SAFEGUARDS .

. l. __ Are_alLSmiaLSecuritr Numbers red~j~d? _

2. Are all redactions illegible in production copy?

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3. For law enforcement matters:

a. Is information properly redacted to prevent disclosure of confidential source or information? See Policies II.D.l.(b).

b. Is information properly redacted to prevent disclosure of other exempted information? See Policies II.D.l(s).

(i) Identity of informant?

(ii) Identity of undercover officer, agent, or plain clothes officer?

(iii) Personal address or telephone number of active or retired law enforcement officers or their special skills?

(iv) Name, address, or telephone numbers of family members, relatives, children, or parents of active or retired law enforcement officers or agents?

(v) Operational instructions for law enforcement officers or agents?

(vi) Contents of staff manuals provided for law enforcement officers or agents?

(vii) Danger to the life or safety of law enforcement officers or agents or their families, relatives, children, parents, or those who furnish information to law enforcement departments or agencies?

(viii) Identity of person as a law enforcement officer, agent, or informant?

(ix) Personnel records of law enforcement agencies?

(x] Identity of residences that law enforcement agencies are requested to check in the absence of their owners or tenants?

4. For criminal prosecutions in which denial is based on pending investigation, has status of case been confirmed with ICPO?

B. SUBSTANTIVE SAFEGUARDS.

1. Have all exemptions been considered? See Policies lID. 1 (a)-(y).

2. Where an exemption is claimed, has sufficient explanation been given?

3. For personnel matters, does response comply with Bullard-Plawicki?

4. Have privacy concerns been adequately addressed?"

VI. FINALIZATION PROCEDURES.

A. Mark FOIA log with date out, whether it was released or denied, and costs, if any.

B. File packet in monthly folder in FOIA file cabinet.

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1. Date stamp the cover letter andlor check.

C. File billing sheet (copy of cover letter of released records) in FOIA receivables folder in FOIA file cabinet.

VII. FOIA PAYMENT RECEIVED.

A. When a check for payment of a FOIA request is received, these are the steps that should be taken in recording and processing the payment:

2. Hold checks until there are 3-5 of them to process.

3. Pull the copy of the original cover letter (which serves as an invoice) from the "FOIA Receivables" file folder.

4. Mark the FOIA log with date received and ck #.

5. Copy "invoice" cover letters to attach to receipt.

6. Prepare receipts.

7. Attach copy of "invoice" letter to receipt book.

8. Prepare deposit slip.

9. Give deposit slip and checks to 2nd person to take down to Treasurer's for deposit.

10. Prepare envelopes for mailing receipts.

11. File "invoice" copies in "FOIA payments rec'd" file folder.

12. Get yellow copy of deposit slip back from 2nd person (after deposit with Treasurer) and file with other slips.

(updated 2/12/04/mjp) (revised 8/8/06 /mjp) (revised 5/22/07) (updated 1/7/09 mjp) (revised 11/9/09 bcs)

S:\ATTORNEY STAFF\FOIA & SUBPOENA\FOIA\PROCEDURES\FOIA- OCA POLICIES AND PROCEDURES 11.9.09.DOC

- - - - -* Forms TodheFOIAlog, -departilleiifrequest s1ieel:s~ -release~CleJ:jy or release/defiTcoVeYlefter1'-; etc-.- are cOfitamea- -- - -- ----- -in the FOIA directory of the Shared drive.

+ To be revised in consultation with FOIA Working Group.

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Michigan Department of Attorney General Freedom of Information Act Policy

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Policy and Procedures: Freedom of Information Act Requests Effective Date: 05/08/2009

Supersedes: 23.02 and 23.03 (09/08/2003)

A. Policy. The requirements of the Freedom ofInfonnation Act (FOIA), MCL 15.23 I et

seq., for the disclosure of public records applies to the Department of Attorney General (the Department).

B. Definition of Public Record. "Public record" means a writing prepared, owned, used, in

the possession of, or retained by the Department in the performance of an official function from the time it is created. All records, except those exempted by law, are subject to public disclosure under the FOIA.

C.· What Constitutes a FOIA Request. A FOIA request must be made in writing, and

describe a public record sufficiently to enable the Department to find the public record, A FOIA request includes a writing transmitted by facsimile, electronic mail, or other electronic means.

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D; Who Receives the FOIA Request. Any employee of the Department who' receivesa

request for a public record shall immediately forward that request to the FOIA Coordinator. The FOIA Coordinator-may designate another individual to act on his or her behalf to accept requests for processing.

R Request Response Time. The Department must respond to a FOIA request within five

business days after receiving it. The Department may extend the time for responding by an additional 10 business days by notifying the requesting person in writing. Due to the short statutory time period within which the Department must issue a.written notice in response to the FOIA request, it is imperative that there be no delay in complying with the Departmental policy and procedures. .

E. Who Can Make a FOIA Request. A person may ask to inspect, copy, or receive a copy

of a public record. There are no qualifications, such as residency or age, that must be met in order to make a request. However, individuals incarcerated.in state, county, or federal correctional facilities are not included among those persons who may access public records pursuant to the FOIA. The Department has a responsibility to provide reasonable facilities during normal business hours so that persons making a request may examine and take notes from public records.

G. Denial of a FOIA Request. When a request is denied, the Department must provide the requesting person with an explanation of the basis of the denial under the FOIA, and give-notice

- to the- person af1ns 'orher'righttoeithersubmit a-writtenappeanb -the A:ftorneyUerietal or seek-- - ---- -------- -- --

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H. Appointment of FOIA Coordinator. The Department's FOIA Coordinator is Christine

S. Dingee in the State Operations Division.

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judicial review. Notification of the right to judicial review must include notification of the right to receive attorney fees, costs, disbursements, and possible damages.

I. Response to a FOIA Request. Only the Department's FOIA Coordinator will respond to

FOIA requests. If any other individual within the Department receives a FOIA request directly from the requesting person, the request shall be forwarded immediately to the Department's FOIA Coordinator by fax, (517) 241-3097, or hand delivery.

J. Notification of FOIA Request. Upon receipt of a FOIA request, the Department's FOIA

Coordinator will fax a self-explanatory memorandum to' the division or divisions that might possess records responsive to the FOIA request.

K. Assessment of Fees for.a FOIA Request. The FOIA permits the Department to charge

a fee for the necessary copying of a public record for inspection, or for providing a copy of a public record. The fee must be limited to actual mailing costs, and to the actual incremental cost of duplication or publication, including labor.

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The FOIA also permits the Department to charge a fee for the search, retrieval, examination, review, and separation and deletion of exempt from nonexempt material, but only if the failure to charge a fee would result in unreasonably high costs to the Department because of the nature of the request, and the Department specifically identifies the nature of these unreasonably high costs. In calculating the cost oflabor, the Department may not charge more than the hourly wage of the lowest paid employee capable of processing the request.

The following fee guidelines for calculating labor and material costs incurred in processing FOIA requests are established pursuant to section 4(3) of the FOIA, MCL 15.234(3):

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3. Labor costs for the search, retrieval, examination, review, and separation and I

deletion of exempt from nonexempt material, or any part thereof; and labor costs for the I

search and retrieval of computer records, if the search and retrieval require specialized I

knowledge of a program or database, will be calculated using the hourly wage of the 1

Department's lowest paid employee capable of conducting the search, retrieval, !

-- examination;-review,anci-separation-anddeletionof-exempt-from nonexempt material.-cr-. - -- - ----. -----

1. Fees will be uniform and not dependent upon the identity ofthe requesting

person.

2. Labor costs for duplication of records will be calculated using the hourly wage of

. the Department's lowest paid employee capable of duplicating the records. The Department will utilize the most economical means available for making copies of public records. The per copy charge for labor and material will be based on the Department's payroll and expense records.

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____ (e) recopy two sets of the redacted records to avoid read-through.

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PROCESSING FOIA REQUESTS -- DIVISION TASK CHECKLIST

Upon receiving a FOIA Request Memorandum (exemplar attached) sent to your Division's FOIA liaison by the Department FOIA Coordinator, this checklist may be helpful for processing the request. Direct questions to: Christine Dingee, AG FOIA Coordinator. 517-373-1162.

____ 1 Contact the FOIA Coordinator immediately if the Division determines that the FOIA request involves a high profile or particularly sensitive matter.'

___ ---,..;2 Contact the FOIA Coordinator Immediately if the Division knows that it does not have responsive records and advise what other Divisionis) might have responsive records.

3 Contact the FOIA Coordinator if the Division has a voluminous amount of records

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(and estimate the hours of labor and number of pages), so that the Department can take the

statutory' extension of time to make its disclosure determination,

____ 4 Fill out each part of the FOIA Request Memorandum with the above information and sign, date, and return the completed memo by fax or hand delivery (whichever is faster) to the FOIA Coordinator by the due date stated on the memo.

____ 5 After the FOIA Coordinator notifies the Division that the required deposit has been received from the FOIA requester, the Division must:

____ (a) complete the search for and retrieval of responsive records,

__ '--_ (b) in consultation with the FOIA Coordinator, if necessary, review and examine the records for applicable statutory exemptions for example: records of a, personal nature the release of which would constitute a clearly unwarranted invasion of an individual's privacy, such as Social Security Numbers, bank account numbers, and other personal identifiers; records exempted on the basis of public policy, such as attorney-Client privilege, attorney work product, and deliberative process; and records exempted by other statutes.

(c) make a working copy of the responsive record(s).

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____ (d) make the necessary redactions on the working copy.

____ (f) identify the applicable exemption(s) for each redaction with a post-it note. ____ (g) provide the FOIA Coordinator~ith the two sets of redacted' records -one set identifying the exemptions and note on the first page an exact p~ge count.

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4. Labor costs for monitoring an inspection of original records will be calculated

using the hourly wage of the Department's lowest paid employee. The hourly wage will be based on the Department's payroll detail for the applicable fiscal year. Note: Section 3(3) of the FOrA, MeL 15:233(3) provides, in pertinent part, that "[a] public body shall protect public records from loss, unauthorized alteration, mutilation, or destruction:"

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any part thereof. The hourly wage will be based on the Department's payroll records for ·the applicable fiscal year.

5. Unless, because of the nature of the request in the particular instance, failure to

charge a fee would result in an unreasonably high cost to the Department a fee will not be

. charged for the search, retrieval, examination, review, or separation and deletion of exempt from nonexempt material. In general, a fee will be charged for processing a request that requires more than one hour of time for the search, retrieval, examination, review, and separation and deletion of exempt from nonexempt materiaL

6. Unless the total FOIA processing fee for time and material exceeds an amount equal to one hour of the hourly wage of the Department's lowest paid employee, a fee will not be charged for the necessary copying of a public record for inspection or for providing a copy of a public record; for mailing costs; for the search, retrieval, examination, review, and separation and deletion of exempt from nonexempt material, or any part thereof; or for monitoring an inspection of original records. The hourly wage will be based on the Department's payroll records for the applicable fiscal year ..

Supplies\Policies and Procedures\Freedom of fuformation Act Policy Approved: 05/06/2009

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F.O.I.A City of Battle Creek

CITY OF BATTLE CREEK

FREEDOM OF INFORMATION ACT (FOIA) POLICY

SECTION 1.

DEFINITIONS

The following policy was established pursuant to Resolution No. __ , adopted by the City Commission of the City of Battle Creek on ,2000. The policy identifies the procedures that the Battle Creek FOrA Coordinator, or his/her designee, are to follow when processing a request in accordance with Act No. 442 of the Public Acts of 19761 as amended (the "Act").

Act:

The Michigan Freedom ofInformation Act, Act No. 442 of the Public Acts of 1976, as amended.

ForA Coordinator:

The City Clerk, as designated by the City Commission, is responsible for accepting and processing requests for public records as outlined in this policy and the Act, is responsible for approving denials of requests, and those persons designated by the City Clerk as provided by the Act.

Person:

An individual, corporation, limited liability company, partnership, firm, Organization, association, governmental entity, or legal entity.

City:

The City of Battle Creek and its duly constituted departments, commissions, boards or committees.

Public Record:

A writing which is 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 and as otherwise defined by the Act.

Unusual Circumstances:

Entails the need to search for, collect, or appropriately examine or review a voluminous amount of public records and/or the need to collect public records from numerous locations apart from the processing office.

Where not otherwise defined, the words and phrases contained in this policy shall have the meaning. given to them, if any, by the Act.

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SECTION 2 - RIGHT TO RECORDS

Freedom of Information Act Policy Page 2

A person has the right to public record(s) from the City. The request must be in writing and sufficiently describe the public record to enable the ForA Coordinator to identify the requested public record.

A person has the right to inspect a public record, or receive copies of requested record, unless exempted by law or court order. Upon written request, a person will be provided with a reasonable opportunity to examine the public records provided by the public body. Persons with special needs should contact the FOIA Coordinator to insure that arrangements for special needs or reasonable facilities are prepared. The City shall protect public records from loss, unauthorized alteration, mutilation, or destruction. A person may request that copies of a public record be provided subject to the payment offees outlined in Section 4.

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A person has the right to subscribe to future issuances of public records that are created, issued, or disseminated on a regular basis. A subscription shall be valid up to six months, at the request of the subscriber, and shall be renewable.

SECTION 3 - RIGHTS AND OBLIGATIONS OF THE CITY

The FOIA Coordinator will provide a certified copy of a public record if a person so requests in writing.

The Act does not require the City or the FOrA Coordinator to make a compilation, summary, report of information, or create a new public record. This exemption includes analyzing, compiling, or summarizing existing information into a new format. Neither the City nor the FOIA Coordinator are obligated to provide answers to oral or written questions.

SECTION 4 - PROVISIONS FOR COPYING PUBLIC RECORDS

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The FOrA Coordinator shall keep a copy of alI written requests on file for no less than one year.

AlI FOIA requests submitted pursuant to the Act shall be subject to the fees and charges adopted by the Battle Creek City Commission in the "Fee, Bond and Insurarice Schedule." Fees shall be limited to actual mailing costs and to the actual incremental cost of duplication or publications including labor, the cost of the search, examination, review, and the deletion and separation of exempt from nonexempt information.

The FOIA Coordinator may charge a fee for the labor involved with searching for, examining, and reviewing a public record as permitted by the Act. Where total fees and charges are reasonably anticipated to exceed Fifty Dollars ($50.00), the City requires that fifty percent of the estimated fees and charges be paid in advance of the performance of the work as authorized by the Act. The balance must be paid prior to the release of documents. The FOIA Coordinator will not charge additional fees for certification of any copies. Charges for labor costs will be determined by using the wages of the lowest, paid, full-time public body employee capable of retrieving the requested information.

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A search for a public record may be conducted or copies of public records may be furnished without charge or at a reduced charge if the FOIA Coordinator determines that a waiver or reduction of the fee is in the public interest because searching for or furnishing copies of the public record can be considered as .a primarily benefiting the general public.

A public record search shall be made and a copy of a public record shall be furnished without charge for the first $20.00 of the fee for each request by an individual who is entitled to information under this Act and who submits an affidavit stating that the individual is then receiving public assistance or, if not receiving public assistance, stating facts showing inability to pay the cost because of indigency. The affadavit must be sworn to under penalty of perjury and/or notorized.

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Freedom of Information Act Policy Page 3

SECTION 5 - PROCEDURES OF THE PUBLIC BODY IN PROCESSING A FOIA REQUEST

After a person has made a written request for a public record in accordance with the Act, the FOIA Coordinator shall respond within five (5) business days after its receipt. A written request made by facsimile, electronic mail, or other electronic transmission is not considered received by a public body's FOIA Coordinator until one (I) business day after the electronic transmission is made. The FOIA Coordinator will then process the request in one of four ways:

If the request indicates that the person desires to inspect the public records, the FOIA Coordinator will contact the person to arrange for inspection at a reasonable time during normal office hours.

I) Grant the request.

If the request generates fees of$50 or less, the FOIA Coordinator will forward notification to the requester indicating the amount due and where the documents may be released.

If the request generates fees of$50 or more, the FOIA Coordinator will require fifty percent of the estimated charges be paid in advance of the performance of the work. The balance must be paid prior to release of documents.

2) Issue a written notice denying the request. The notice of the denial shall include:

a) an explanation as to why the requested public record is exempt from disclosure in accordance with the Act, or

b) an explanation that the requested public record does not exist, or

c) an explanation or general description of information which had to be separated or deleted from the public record.

In addition to the explanations noted above, the denial shall also include an explanation of the person's right to appeal the denial to the City Commission and/or seek judicial review in accordance with the Act.

SECTION 6 - PROCEDURES FOR SEPARATION OF RECORDS

3) Grant the request in part, and issue a written notice denying the request in part. In the latter instance, the public records exempted from disclosure shall be treated as in (2) above.

4) Issue a written notice extending the time in which to respond to the request by ten (10) business days.

Where a written request is received which does not sufficiently describe the public records requested so as to enable the FOIA Coordinator to locate the same, the FOIA Coordinator will notify the requester for a clarification. Such notice, if sent, shall not be interpreted as a denial of the request for purposes of the Act or this Policy.

If a request is made for an existing public record that includes information which is exempt from disclosure under the Act and information which is not exempt, the FOIA Coordinator must separate the material and make the nonexempt material available for examination and/or copying. Additionally, the FOIA Coordinator is directed to generally describe the material which had to be separated, unless doing so would reveal the contents of the exempt information and thus defeat the purpose of the exemption.

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Freedom of Information Act Policy Page 4

SECTION 7 - DESIGNATION OF FOIACOORDINATOR

Resolution No. 409 dated October 7, 1997, authorized Deborah G. Owens, City Clerk, to be designated as the ForA Coordinator. In addition, the following shall be authorized to act as Co-Coordinators: Deidre Laser, Deputy Clerk; Jackie Hampton, Lieutenant; Ray Felix, Detective Sergeant; and Carter Bright, Detective Sergeant. The FOIA Coordinator and Co-Coordinators shall be responsible to accept and process requests for public records and approve denials in accordance with Sections 5(4) and (5) of the Act.

SECTION 8 - APPEALS

a) place the appeal on the agenda for the next regularly scheduled meeting, or

b) consider and decide the appeal at the meeting at which it was received, or

c) direct that a special meeting be scheduled to consider the appeal.

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In accordance with the Act, where a person's request for a public record is denied, in whole or in part, the person shall be entitled to file a written appeal on the decision in accordance with the following process:

1)

The person shall be advised by the ForA Coordinator of the right to file a written appeal to the City Commission which shall specifically state the word "appeal" and identify the reason(s) for reversal of the denial.

2)

When a written appeal is received by the City in accordance with the Act, the Battle Creek City Commission shall do one of the following:

3)

In its consideration of any appeal, the City Commission shall review the materials submitted by the appellant, any written comments received from the ForA Coordinator, any other information as the City Commission deems necessary and within ten (10) days after receiving the appeal, take one of the following actions:

a) reverse the disclosure denial, or

b) issue a written notice to the requesting person affirming the disclosure denial, or

c) reverse the disclosure denial in part and issue a written notice to the requesting person affmning the denial in part.

d) under unusual circumstances issue a notice extending for not more than ten (10) business days the period during which the City Commission will respond to the appeal.

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4)

The appellant may choose to commence an action in the Circuit Court to compel the public body's disclosure of the public records within 180 days after the City's determination to deny a request.

SECTION 1.

DEFINITIONS

CITY OF HOLLAND

FREEDOM OF INFORMATION ACT (FOIA) POLICY

This policy was established pursuant to Resolution No. 03.186, adopted by the City Council of . the City of Holland (the "City") on April 2, 2003. The policy identifies procedures that City officers and employees are to follow when processing a request in accordance with Act No. 442 of the Public Acts of 1976, as amended (the "Act").

Act:

The Michigan Freedom of Information Act, Act No. 442 of the Public Acts of 1976, as amended.

City:

This includes the City of Holland and its duly constituted departments, commissions, boards, or committees. The City will be used interchangeably with public body as defined below.

FOIA Coordinator:

The individual, designated by the Holland City Council, who is responsible for accepting and processing requests for public records as outlined in this policy and the Act, and who is responsible for issuing approvals or denials of requests.

Person:

An individual, corporation, limited liability company, partnership, firm, organization, association, governmental entity, or other legal entity, as modified by the Act. Person does not include an individual serving a sentence of imprisonment in a state or county correctional facility in this state or in any other state, or in a federal correctional facility.

Public Body:

The City of Holland and its duly constituted departments, commissions, boards or committees.

Public Record:

A writing which is 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, as otherwise defined by the Act. Public record does not include computer software.

Unusual Circumstances:

Circumstances entailing one or a combination of the following: the need to search for, collect, or appropriately examine or review a voluminous amount of public records pursuant to a single request, or the need to collect public records from numerous . locations apart from the office receiving or processing the request.

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Writing:

Handwriting, typewriting, printing, photostating, photographing, photocopying, and any other means of recording, and includes letters, words, pictures, sounds, or symbols, or combinations thereof, and papers, maps, magnetic or paper tapes, photographic films or prints, microfilm, microfiche, magnetic or punched cards, discs, drums, or other means of recording or retaining meaningful content. Writing shall also include email.

Written Request:

A writing that asks for information, and includes a writing transmitted by facsimile, electronic mail, or other electronic means.

Where not otherwise defined, the words and phrases contained in this policy shall have the meaning given to them, if any, by the Act.

SECTION 2.

RIGHT TO RECORDS

A person has the right to submit a written request for public record(s) from the City. If a person is disabled and is unable to make a request in writing, the FOIA Coordinator shall make special accommodations. The request must sufficiently describe the public record to enable the FOIA Coordinator to identify the requested public record.

A person has the right to inspect a public record, unless exempted by law or court order.

Original public records are not to be released from the City's offices where the public records are secured. A person may request that copies of a public record be provided subject to the payment of fees outlined in Section 4. A person shall not receive copies of a public record unless

payment is made at the time of delivery or pickup, Notwithstanding, the City shall not refuse to process a written request of a public record if payment of a prior request has not been made.

A person has the right to subscribe to future issuances of regularly published public records as outlined in Section 3 for a period of six months or less, which request may be renewed.

Upon request, a person will be provided with a reasonable opportunity to examine the public records provided by the City during the usual business hours. Persons with special needs should contact the FOIA Coordinator to insure the arrangements are prepared. A person has a right to obtain a certified copy of the public record.

A person has a right to appeal the City's decision as provided in Section 9 of this policy.

SECTION 3.

RIGHTS AND OBLIGATIONS OF THE PUBLIC BODY

The FOIA Coordinator shall provide reasonable facilities and opportunities for person(s) to

inspect public records. To implement this Section, the FOIA Coordinator may prepare and -stlbtrfirtcHhe-H<:>Uand-CiW CC>1 .. nrcH-f\:lrtts-apptDvat rules to- regulate the time and- mannerin---- - ----- - - - - - - -- --

2

which records are reviewed, to protect the records and to prevent excessive interference with the City's normal operations, and to protect public records from loss, unauthorized alteration, mutilation, or destruction.

The City shall process all written requests for a public record. If a request has not been made in writing, the City shall have the person complete the request form (see FOIA request form, Attachment A). Notwithstanding, the City shall not deliver or make a public record available to the requesting person until payment is made. If the City delivers or makes a public record available and the requesting person has not made payment at the time, the City shall be entitled to collect from the requesting person the allowed cost of processing the request and any attorney fees and costs necessary for the collection if the person does not pay the cost within thirty (30) days of the public records being available or when they are sent by the City.

The FOIA Coordinator shall provide a certified copy of a public record if a person requests the same in writing.

Neither the City nor the FOIA Coordinator are obligated to create a new public record, or make a compilation, summary, or report information which does not already exist. This shall not apply to an already existing public record which must be separated under Section 6 of this policy. All public records shall be retained per the City's approval Retention Schedule. Neither the City nor the FOIA Coordinator is obligated to provide answers to oral or written questions. Unless a request requires that the City provide copies to the person, the City may allow for inspection of the public records.

The FOIA Coordinator shall provide copies of any public records as provided for in the Act and shall retain a copy of all written requests on file for a period of not less than one (1) year. The FOIA Coordinator will follow the provisions of Section 4 of this policy.

SECTION 4.

PROVISIONS FOR COPYING PUBLIC RECORDS

The City shall adopt, by resolution, a schedule of fees for providing copies of public records. All FOIA requests submitted pursuant to the Act shall be subject to the fees and charges adopted by the City, except any fees as otherwise provided by law. Postage and handling shall also be charged as applicable and shall include the exact postage, as well as the cost for envelopes or other containers used for mailing copies of the public records requested. The City must use the most economical means available for making copies of public records.

The FOIA Coordinator may waive a fee or reduce a fee if it is determined that a waiver or reduction of the fee is in the public interest because searching for or furnishing copies of the public record can be considered as primarily benefiting the general public.

The FOIA Coordinator may only charge a fee for the cost involved with searching for,

examining, reviewing a public record, and the deletion and separation of exempt from nonexernptirrforrnatiorrwhenirresults in-anunreasonably-high-cost-to theCity.: In .determining- - -------- -- -.--

3

a) Volume of public record requested;

b) Complexity of searching for, examining, reviewing a public record, and the deletion and separation of exempt from non-exempt information;

c) The need to search for, examine, and review public records from different

departments, commissions, boards, or committees for the City;

d) The anticipated hours of labor;

e) The available staffing for responding to the request; and

f) Any other similar factors designated by the FOIA Coordinator.

what is an unreasonably high cost to the City, the FOIA Coordinator shall consider the following factors on a case-by-case basis:

Charges for labor costs shall be determined by using the hourly wages of the lowest paid public body employee capable of retrieving the records requested. The cost of labor includes the employee's salary, fringe benefits, and employment-related taxes.

A public record search shall be made and a copy shall be furnished without the charge for the first $20.00 of the fee for each request to any person who submits an affidavit stating that the person is then receiving public assistance or, if not receiving public assistance, stating facts showing an inability to pay the cost because of indigence.

Where total fees and charges are reasonably anticipated to exceed Fifty Dollars ($50.00) (see FOIA Worksheet, Attachment B), the ForA Coordinator is further authorized to require that fifty percent of the estimated fees and charges be paid prior to the release of the public record copies.

The FOIA Coordinator shall not charge additional fees for certification of any copies. Charges for labor costs shall be determined by using the hourly wages of the lowest paid public body employee capable of retrieving the records requested. The cost of labor includes the employee's salary, fringe benefits, and employment-related taxes.

The City has limited in- house capabilities for copying photographs, audio or video tapes, microforms, maps or plans. If a person requests that copies be made of these or large documents which must be copied off-site, the FOIA Coordinator will determine and assess those costs. If an employee of the public body is required to deliver and/or pick up the public records and/or

copies of public records, the labor hours spent and applicable mileage (at City rates) will also be applied to the charges of the person(s) requesting the public records.

The City may hire third parties to process or assist in the processing of a request.

Copy fees and mailing charges for future issuances of regularly published public records will be arranged through the FOIA Coordinator. A person can request that a public record, which is regularly published, be sent to them or they may be called for pick up of the public record for a period of time, not to exceed six months, unless extended (see Request for Future Issuance-

- -- -- --Attachment-C). -The-FOIACoordinatonnustsign the-request-form-to-confirm that the public--

4

record is one that is regularly published.

SECTION 5.

PROCEDURES OF THE PUBLIC BODY IN PROCESSING A FOIA REQUEST

Unless otherwise agreed to in writing by the person making the request, the City shall respond to the request within five (5) business days after it receives the request by doing any of the following:

1. Granting the request.

If the request indicates that the person desires to inspect the public records, the FOIA Coordinator will contact the person to arrange for inspection at a reasonable time and during the usual business hours.

If the request indicates that the person wishes to have copies of a public record prepared andlor mailed and the anticipated fees and charges exceed $50.00, the FOIA Coordinator may first mail a FOIA Worksheet to the person and request a fifty percent payment of the anticipated charges and fees.

Upon receiving the person's executed FOIA Worksheet, where required, along with any payment due, the FOIA Coordinator will respond by providing those public records.

2. Issuing a written notice denying the request. The notice of denial shall include:

a) an explanation as to why the requested public record is exempt from disclosure in accordance with the Act, or

b) a certificate that the requested public record does not exist under the name given by the person or another name reasonably known to the City, or

c) an explanation or general description of information which had to be separated or deleted from the public record pursuant to Section 6 of this policy.

d) an explanation of the person's right to appeal (which states the word "appeal") the denial to the Holland City Council andlor seek judicial review in accordance with the Act.

e) an explanation of the person's right to reasonable attorney fees, costs, and disbursements as well as actual or compensatory, and punitive damages of $500.00.

f) the FOIA Coordinator shall sign the notice of denial.

Granting the request in part, and issuing a written notice denying the request in part. In the latter instance, the public records exempted from disclosure should be

- -- -- ._- _. ---- --- --------- - treated-as-in-2"above:--------~- ------.---.- ------ ---.-- - ----- - - --_._--- .---- - - -_-

3.

5

SECTION 6.

PROCEDURES FOR SEPARATION OF RECORDS

4. Issuing a written notice extending the time in which to respond to the request by ten (10) business days. Only one (1) written notice extending the response time is allowed.

A written request made by facsimile, electronic mail, or other electronic transmission is not deemed to have been received by the FOIA Coordinator until one (1) business day after the facsimile, electronic mail, or other electronic transmission is made.

If a person does not sufficiently describe a public record, the FOIA Coordinator shall notify the person that the request is deficient. The notice shall serve as a denial under Section 5 of this policy and the Act. The notice shall include the relevant language from Section 5. A subsequent written request is considered a new request and subject to the timelines described in this section.

If a request is made for a public record that includes information which is exempt from disclosure under the Act and information which is not exempt, the FOIA Coordinator must separate the material and make the non-exempt material available for examination and/or copying. Additionally, the FOIA Coordinator is directed to generally describe the material which had to be separated, unless doing so would reveal the contents of the exempt information and thus defeat the purpose of the exemption.

SECTION 7.

DESIGNATION OF FOIA COORDINATOR

The City Clerk is hereby designated to be the City's FOIA Coordinator. In addition, the following officers shall be authorized to act as FOIA Coordinator designees: the Fire Department Administrative Assistant, the Fire Chief; the Police Chief, the Office Manager of Police Records, the Command Officer of the Detective Bureau, the Director of Environmental Health and Inspections, and the Finance Director of the Holland Board of Public Works (the "BPW"). The FOIA Coordinator and designees shall be responsible to accept and process requests for public records and approve denials in accordance with the Act.

SECTION 8.

APPEALS

In accordance with the Act, where a person's request for a public record is denied, in whole or in part, the person may file a written appeal to the decision in accordance with the following process:

1. The written appeal must specifically state the word "appeal" and identify the reason or reasons for the reversal of the denial.

6

a) Reverse the disclosure denial.

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

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

d) Under unusual circumstances, issue a notice extending not more than ten (10) business days the period during which the General Manager of the BPW or the City Manager shall respond to the written appeal. Only one (1) written notice extending the response time is allowed.

2. The person shall be advised by the FOIA Coordinator of the right to file a written appeal to the General Manager of the BPW for any requests to the BPW, and to the City Manager for any other requests.

3. The General Manager of the BPW or the City Manager shall take one of the following actions:

7

No. of pages _

Pick up cost _

Mail cost _

ATTACHMENT A

FREEDOM OF INFORMATION ACT REQUEST

Date requested: _

Name: _

Address: ~----~-----~--------

City State Zip

Street

Phone number:

---------

Please describe with specificity the document(s) you are requesting. If you are not sufficiently specific, we may not be able to identify the document(s) you request which may delay our response to your request:

You may pick up the report at or have it mailed to you after review

and approval is complete. This can take up to five (5) working days to complete, or such later date as may be extended by law.

Will pick up

Please mail

----

You will be charged the allowable fees and costs under F.O.LA. or you need to show documentation showing that you, the requester, are receiving public assistance or other facts showing inability to pay due to indigence. You agree to pay such fees and costs prior to the release of the documents.

I, the requester, am not a party to any civil action against the City, or by the City against myself, and I am not acting on behalf of such a party involving the records I am requesting at this time. If I did not pay the fees and costs prior to the release of the documents, I agree to pay all allowable fees and any collection fees for my failure to pay the allowable fees and costs under ForA within 30 days after the documents are ready or sent to me.

Signature

************************************************************************************

Department use only

8

--- ---_-- ----- ---~-----~-~--------------,

1.

TOTAL COPYING COSTS AS ITEMIZED BELOW:

$-------------------

ATTACHMENT B

FREEDOM OF INFORMATION ACT WORKSHEET

The fees and costs outlined are being provided in response to your written request for a copy of a public record as outlined in the City of Holland Freedom ofInformation Act Policy.

DATE THE FOIA REQUEST WAS RECEIVED: _

PUBLIC RECORD(S) REQUESTED: _

Unreasonably high costs to City because of _

__ City-owned copier Commercial Copier Vendor or Facility Used:

Cost per copy ...J.Q_ x No. of copies __ $ _

Cost per computer disc ~ x No. of disks __

$,-----------------$_-----------------

Cost per name _,ill1_ x No. of labels __ =

Cost per blue print $3.00 x No. of _

$-----------------

Additional items:

Ouantity

$_-----------------

2.

TOTAL MAILING COSTS AS ITEMIZED BELOW:

$_----------

Cost of envelopes or other mailing device:

Postage costs:

3.

ESTIMATED LABOR COSTS AS ITEMIZED BELOW:

$_----------

Due to the nature of this request, a labor fee is being charged for the research, examination, review and (if applicable) the deletion and separation of exempt from nonexempt information as provided in the City of Holland FOIA Policy. This fee is being charged due to:

Estimated Labor Hours

x $, _

$-----------------

4. TOTAL COSTS OF ITEMS 1 THROUGH 3 ABOVE (Where Estimated Total Costs Exceed $50.00)

$_----------

9

I, , am requesting copies under ForA. Based on the City of Holland's approved rorx

Policy, I am submitting 50% of the estimated TOTAL COSTS as required, and confirm that the balance of the fees incurred will be paid before the public records are released to me. It is my understanding that the public record(s) I have requested shall be available, unless otherwise exempted, within five business days of the City's receipt of this confirmation.

SIGNATURE:

DATE:

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Sent to me at:

ATTACHMENT C

FREEDOM OF INFORMATION ACT WORKSHEET FOR FUTURE ISSUANCES

Under Section 4 ofthe City of Holland's Freedom ofInformation Policy, a person can request that a public record, which is regularly published, be sent to them or they may be called for pick up ofthe public record for a period of time, not to exceed six months, unless extended. The FOIA Coordinator must sign the request form to confirm that the public record is one regularly published in order for this worksheet to be validated.

1, ~, have read and agree to the terms listed above:

Public record requested:

Period of request (not to exceed six months): _

I request that the records be:

__ Call to notify me that the public records are available forpickup at: _

SIGNATURE:

DATE: _

Phone:

**********************************************

I confirm that the public record requested above are regularly published by the City of Holland.

Signature ofFOIA Coordinator:

G:'haanslcity ofHolIand\FOIA policy draft 3-3J-03.doc - co

11

..

. , .

CITY OF KENTWOOD

FREEDOM OF INFORMATION ACT (FOIA) POllCY

This policy was established pursuant to Resolution No. __ , adopted by the City Commission or the City of Kentwood OQ. . ., '1997. The policy identifies the procedures that City officers and employees are to follow when processing a request in accordance with Act No. 442 ot' the Public Ads or 1976. as amended (the ifAct").

SECTION 1.

DEFINITIONS

Act:

The Michigan Freedom of Information Act, Act No. 442 of the Public Acts of 1976, as amended.

ForA Coordinator:

The individual, designated by the City Commission; who is responsible for accepting and processing requests for public records as outlined in this policy and the Act, and who is responsible for approving denials of requests, or that individual's designee as provided.

Person:

An individual, corporation, organization, or other legal entity, as modified by the Act.

Public Body:

The City of Kentwood and its duly constituted departments, commissions, boards or committees.

I ! 1 I

Public Record:

A writing which is 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 and as otherwise defined by the Act.

U nusual Circumstances:

Entails the need to search for. collect, or appropriately examine or review a voluminous amount of public records and/or the need to collect public records from numerous locations apart from the processing office.

Where not otherwise defined, the words and phrases contained in this policy shall have the meaning given to them, if any, by the Act.

sEcrroN2.

RIGHT TO RECORDS

A person has the right to submit a written request for public record(s) from the City and its departments. The request must sufficiently describe the public record to enable the ForA Coordinator to identify the requested public record.

A person has the right to inspect a public record, unless exempted by law or court order. Original public records are not to be released from the City offices where the public records are secured. A person may request that copies of a public record be provided subject to the payment of fees outlined in Section 4.

- - - - -. - -- - A-person· has-the right to-subscribe ·to·future· issuances of regularly published-public records-as outlined.in.Section.L; _

3 of the Act for a period of six months or less, which request may be renewed. .

"'1 '"

, .

Freedom or Inf'onnation Act Policy . Page2

Upon request, a person will be provided with a reasonable opportunity to examine the public records provided by the public body. Persons with special needs should contact the ForA Coordinator to insure that arrangements for special needs or reasonable facilities are prepared.

SECITON 3.

RIGHTS AND OBLIGATIONS OF THE PUBLIC BODY

The FOIA Coordinator shall provide reasonable facilities and opportunities for person(s) to inspect public records. To implement this Section, the ForA Coordinator may prepare and submit to the City Commission for its approval rules to regulate the time and manner in which records are reviewed, to protect the records and to prevent excessive interference with the public body's normal operations.

The FOIA Coordinator shall provide a certified copy of a public record if a person requests the same in writing.

Neither the public body nor the FOIA Coordinator are obligated to create a record, list, compilation, or summary of information which does not already exist. This . exemption includes analyzing, compiling; or summarizing existing information into a new format. AU public records sball be retained per the City's approved Retention Schedule. Neither the public body nor the FOIA Coordinator are obligated to provide answers to oral or written questions.

The FOIACoordinator shall provide copies of any public records as provided for in the Act and shall. retain a copy of all written requests on. file for a period of not less than one (1) year .. The FOrA Coordinator will follow the provisions of Section 4 of this policy.

SECTION 4.

PROVISIONS FOR COPYING PUBLIC RECORDS

The City of Kentwood shall adopt, by resolution, a schedule of fees for providing copies of public records. All FOIA requests submitted pursuant to. the Act shall be subject to. the fees and charges adopted by the City Commission. Postage and handling shall also be charged as applicable and shall include the exact postage, as well . as the cost for envelopes or other containers used formailing copies of the public records requested .

. .. The ForA Coordinator may charge a fee for the labor involved with searching for, examining, and reviewinga public record-as permitted by the Act. In determining whether to charge a fee for ·labor, the FOIA Coordinator shall consider the anticipated cost to the City, the need for a devoted staff member to adequately respond to the particular request, and similar factors. Where anticipated labor costs would exceed $20.00, such costs shall be charged to the person requesting the public. record. The estimated labor charges that are involved will be included on the FOrA Worksheet ~ ForA Worksheet, Attachment A). Where total fees and charges are reasonably anticipated to exceed Fifty Dollars ($50.00), the public. body is further authorized to require that fifty percent of the estimated fees and charges be paid in advance of the performance of the work as authorized by the Act. The balance must·be paid prior to the release of the public record copies.. The FOIA Coordinator shall not charge additional fees for certification of any copies. Charges for labor costs shall be determined by the using the wages of the lowest paid, full-time public body employee capable of retrieving the records requested.

I

!

The City of Kentwood bas limited in-house capabilities for. copying photographs, audio or video tapes. microforms, maps or plans. If a person requests that copies be made of these or large documents which must be copied off-site, the FOrA Coordinator will determine and assess those costs. If an employee of the public body is required to deliver and/or pick up the public records andlor copies of public records, the labor hours spent and .__ __ - . _)' __ .

- applicable mileage (at City.rates) will also be applied to the cilargesto -the- pe'rsoo(i;) requesting the publIc records. --

,

If the request indicates that the person desires to inspect the public records, the FOIA Coordinator will . contact the person to arrange for inspection at a reasonable time.

, .

Freedom oC InConnation Act Policy Page 3 .

Copy fees and mailing charges for future issuances of regularly published public records will be arranged through the FOIA Coordinator. A person can request that a public record, which is regularly published, be sent to them or they may be called for pick up of the public record for a period of time, not to exceed six months, unless ell: tended. The FOIA Coordinator must sign the request form to confirm that the public record is one that is regularly published.

The City requires that an escrow deposit of $35 be paid when a request for copies of regularly published public records is made to the FOIA Coordinator. The City will charge against the escrow for the costs of copying and postage as outlined in Section 4. There will be no labor charges since this must be a public record that is routinely developed. An account sheet of the number of copies and costs for mailirig will be maintained by the FOIA Coordinator. If the escrow deposit is reduced to $5.00 or less prior to the expiration of the request, the FOrA Coordinator will contact the person for an additional deposit or termination ofthe request. ~ FOIA Worksheet for Future Issuances, Attachment B).

SECTION 5 e..

PROCEDURES OF THE PUBLIC BODY IN PROCESSING AFOfA REQUEST

After a person has made a written. request for a public record in accordance with the Act, . the FOIA Coordinator shall respond within five (5) business days in one of four ways:

1) Grant the request.

If the request indicates that the person wishes to. have copies of a public record' prepared and/or' mailed, the FOIA Coordinator may first mail a FOrA Worksheet to the person and request a fifty percent payment of the anticipated charges and fees.

Upon receiving the person's executed FOrA Worksheet, where required, along with any payment due, the ForA Coordinator will respond by providing' those public records.

2) Issue a written notice denying the request. The notice of denial shall include:

3) Grant the request in-part, and issue a written notice denying the request in part. In the latter instance, the public records exempted from disclosure should be treated as in (2) above.

_ _ 4) ~ssue ~_writ~~ ~~tice exten~~~ ~!_~~~ _in whic_~.~_res~~_~~e__req~! ~~ te_n. (102 business days.~ . .'_ ---I

~ an explanation as to why the requested public record is exempt from disclosure in accordance with the Act, or

~ an explanation that the requested public record does not exist under the name given by the person or another name reasonably known to the public body, or

~ an explanation or general description of information which had to be separated or deleted from the public record pursuant to Section 6 of this Policy.

In addition to the explanations noted above, the .deaial shall also include an explanation of the person's right to appeal the denial to the City Commission and/or seek judicial review in accordance with the Act.

- ... -------- --~ ~~- -~~-

Freedom of'Inf'onnation Act Policy

, Page 4

.'l, '! ,

SECUON6.

PROCEDURES FOR SEPARATION OF RECQRDS

I

II

Where a written request is received which does not sufficiently describe the public records requested so as to enable the ForA Coordinator to locate, the same, the ForA Coordinator may send notice to the person requesting a clarification of the request. Such notice, if sent, shall not be interpreted as a denial of the request for purposes of the Act or this Policy.

SECTION 7.

DESIGNATION OF ForA COORDINATOR

If a request is made for an existing public record that includes information which is exempt from disclosure under the Act and information which is not exempt, the FOrA Coordinator must separate the material and make the nonexempt material .available for examination and/or copying, Additionally, the FOrA Coordinator is directed to generally describe the material which had to be separated, unless doing so would reveal the contents of the exempt information and thus defeat the purpose of the exemption. The labor cost associated with such procedures shall be treated in accordance with Section 4.

SECTION 8.

APPEALS

The City Clerk is hereby designated to be the City's FOIA Coordinator: In addition, the following officers shall be authorized to act as FOIA Coordinator designees: the Deputy City Clerk. the Fire Department Administrative Assistant. the Fire Chief, the Police Records Supervisor, the Policy Chief, and the Police Patrol Commander. The FOIA Coordinator and designees shall be responsible to accept and process requests for public' records and approve denials in accordance with Sections 5(4) and (5) of the Act.

In accordance with the Act, where a person's request for a public record is denied. in whole or in part. the person , shall be entitled to file a written appeal the decision in accordance with the following process:

1. The person shall be advised by the FOrA Coordinator of the right to file a written appeal to the City Commission.

2. Where a written appeal is received by the City in accordance with the Act, the City Commission shall either: (i) place the appeal Oll the agenda for the next regularly scheduled meeting where unusual circumstances are found to exist; or (ii) consider and decide the appeal at the meeting' at which it was received; or (iii) direct that a special meeting to' consider the appeal be scheduled. In its consideration of any appeal, the City Commission shall review the materials submitted by the appellant, any written comments received from the FOIA Coordinator, and such other information as the City Commission deems necessary.

3. The City Commission may deliberate and take one of the following actions in response to the filing of an appeal:

a) Reverse the disclosure denial.

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

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

---_ .. _ .. _._-- .

- ._--------------

ATIACHMENT A

FREEDOM OF INFORMATION ACT WORKSHEET

, , . ... -::.

Except for labor costs, if any, no fee will be charged to simply inspect '. public record. The fees and Costs . outlined below are heini provided in response t,o your written request for a copy' of a public record as outfuied in

the City of Kentwood Freedom of Information Act Policy. ..';. . '.' •. .,' " ..... ~ .,'

';" '. ",:,

...•. , .•... 1;:...'.

" .":: ..:~ • • •. j.",

'" ",.,,;i,

. DA TE.THE FOrA REQUEST WAS RECEIVED: ";'ie' ,,6,r ',;1..;. :.:' :: :"." ;

,., ;"'-";~""'" \1 -'::l.\u~) l~~;", '. v" r~('.i"".·~:" .. 'I.·.,:;·iiL-..;",~:' I' ':':~ r _."{I:'·I ',':~'" ., 1 -, '''1'~'' ~. "\"f;"~ . ~:< ,..., .~.; ... ~~.' ., .. ' ';';

, PUBLIC RECORD(S) REQUESTED:_' ~"'""7.._. ",_" ,-:,,,,:-:.;,,,._ •. ,,,_ ... ~ .;_,,,_ r- .; _.'_! _. ;'_' .~ ..... ~._~

~.~t-:· . ~~:.,. "'. '.'" .,:',.' :.(.-: ....... 'r; .. .'

$_--,.--

1.

TOTAL COPYING COSTS AS ITEMIZED BELOW:

o City-owned copier

o Commercial Copier

Vendor or Facility U~: _

." .. ~"".~~.' . ,." ..•. ~_,_ .. ,.""_ ,., .... -~

Cost per copy __ x Number of copies __

=

... -_.::."--

Cost per computer disk: __ x Number of disks __ =

Cost per label __ x Number of labels __

$._---

=

Cost per _.' x Number of _

\

2.

TOTAL MAILING COSTS AS ITEMIZED BELOW:

. Cost of envelopes or other mailing device: .

Postage costs:

3.

ESTIMATED LABOR COSTS AS'ITEMIZED BELOW:

$_---

Due to the nature of this request, a labor fee is being charged for the research, examination, review and (if applicable) the deletion and separation of exempt from nonexempt information as provided in the'~ity of Kentwood FOrA Policy. This fee is being charged due to:

(unreasonably high costs to City because of

".:.:)'

i

I

-- .. - - ~ .~ ~t ~ .

I

i I

I

I

4. TOTAL COSTS OF ITEMS 1 THROUGH 3 ABOVE (Where Estimated

('''Total Costs Exceed $SO'(~O) i"".fi":\;i~.:'<:.Y, -:ri.:: .:: :,,_.~ :i!\ '"'U'i:;''' .

~ ." ... ':: ~"'.; \" "", ':~ ;.,'" .:'~ . . . '.

$_---

"".' ... ~

I. • am requesting 'copies under FOlA. Based on the City oj KeruwOOd:s

. - .. - - approved iOlA Policy, I am submillfng 50%0/ rhe~ esiimrued totAL-Costs as rujuirid, aiiitiOTi)iiin thai the balance of the fees.incurred will be paid before lhe public records are released to 1M. 11 is my understanding that lhe public recordls) I have requested shall be avaiItw,le, unless otherwise aempte4.

" -, ~<O<""41~1

. within five business days of the City's receipt a/this Ctmfirmarion.·· .. ' . . .,.

SIGNATURE: _

. DATE: _

I

.......................................... I

I confirm that the public record requested above are regularly published by the City of Kentwood. The City has II

received the escrow deposit of $25.00 and agrees to provide copies of the public record as requested for the period

listed abOve oruunill the requestls l.en::ninateA:I: due to lack: of ~row fUnds for - copying arid poslagccharges as - u---l n

described above. I

I

I

;2~ I

, " e",

~ .. ,

ATTACHMENT B

FREEDOM OF JNFQRMATION ACT WORKSMET FOR rtmJRE ISSUANCES

Under Section 4 of the City of Kentwood's Freedom of Information Policy. a person can request that a public record, which is rquJarly published. be sent to them or they may be called for pick: up of the public record for a period of time, not to exceed six months, unless extended. The FOIA Coordinator must sign the reqUest form to' confirm that the public record is one regularly published in order for this worksheet to be validated.

The City requires thatan escrow deposit of $2S.00bo paid when"this rCquest is aw:fc? fA).the FOIA ~rdinator. The City will charge apinst that escrow deposit for the costs of COPyiDl and postqe u outlined under Section 4 of the FOIA Policy. There will be no labor charges. An account sheet of the number of copies and 'eosta for mailing will be maintained by the FOIA Coordinator. If the escrow deposit is reduced to $1.00 or less prior to the expiration of the.term of the ForA request, the FOIACoordinator will contact the person for an additional

~torte~tionofthereq~. '

I, ' have nod and agree to the terms listed above:

Public record requested: ...;_ ~~ _

Period of request (not to exceed six months): _

1 request thas th« records be:

aSenJ to me as: _

, QB.

a Call to netify 1M thai the public records are available fqr pickup at:

Phone: ---'- _

S~mu~~--------------~---------------_

Dat~ __

Signature of FOIA Coordinator.: _

1038

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