Michigan's Freedom of Information Act (FOIA) providing public access to government records.
Overview
The Michigan Freedom of Information Act (FOIA) provides the public with broad access to government records. The Act is based on the presumption that all persons are entitled to full and complete information regarding the affairs of government.
Key Provisions
Right of Access (MCL 15.233)
All persons are entitled to full and complete information regarding the affairs of government and the official acts of those who represent them as public officials and public employees. The people shall be informed so that they may fully participate in the democratic process.
What Constitutes a Public Record (MCL 15.232)
A “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.
Response Timeline (MCL 15.235)
- Agencies must respond within 5 business days
- May request 10-day extension for unusual circumstances
- Failure to respond is treated as denial
Fees (MCL 15.234)
Agencies may charge:
- Labor costs for search, examination, review, and deletion/separation
- Actual cost of paper copies (not to exceed $0.10 per page for letter/legal)
- Mailing costs
Appeals (MCL 15.240)
If a request is denied:
- Appeal to the head of the public body within 180 days
- File action in circuit court
- Court may award costs and attorney fees if denial was arbitrary
Exemptions
Certain records are exempt from disclosure, including:
- Information of a personal nature where disclosure would constitute an unwarranted invasion of privacy
- Investigating records of law enforcement agencies (with limitations)
- Trade secrets and commercial/financial information
- Attorney-client privileged communications
Relevance
FOIA is the primary tool for citizens to:
- Obtain internal affairs records
- Access communications and correspondence
- Review policies and procedures
- Examine contracts and expenditures
- Monitor government operations