Michigan FOIA Guide
The Michigan Freedom of Information Act (FOIA) gives you the right to access public records. This guide explains how to use it effectively.
What is FOIA?
The Michigan Freedom of Information Act (MCL 15.231-15.246) requires public bodies to disclose records upon request, with limited exemptions. It’s one of your most powerful tools for government accountability.
Who must comply:
- State agencies
- Counties and municipalities
- School districts
- Police and sheriff departments
- Courts (administrative records)
- Any body funded by public money
What Records Can You Request?
Public records include:
- Emails and correspondence
- Text messages on government business
- Reports and studies
- Meeting minutes and agendas
- Contracts and purchase orders
- Policies and procedures
- Personnel records (with limitations)
- Body camera and dash camera footage
- 911 calls and dispatch logs
- Incident and arrest reports
Records on personal devices: If a public employee uses a personal phone or email for government business, those communications are still public records.
How to Submit a Request
Step 1: Identify the FOIA Coordinator Each public body has a designated FOIA coordinator. Check their website or call the main office.
Step 2: Submit in Writing Requests should be in writing (email, mail, or online portal). Include:
- Your name and contact information
- Specific description of records sought
- Date ranges if applicable
- Preferred format (electronic preferred)
Step 3: Be Specific The more specific your request, the faster and cheaper the response. Instead of “all emails,” try “emails between [person] and [person] regarding [topic] from [date] to [date].”
Sample FOIA Request
FREEDOM OF INFORMATION ACT REQUEST
To: [Agency Name] FOIA Coordinator
From: [Your Name]
Date: [Date]
Email: [Your Email]
Phone: [Your Phone]
Pursuant to the Michigan Freedom of Information Act (MCL 15.231 et seq.),
I request copies of the following records:
1. [Specific description of records]
2. [Date range if applicable]
3. [Names of individuals if relevant]
I request these records in electronic format if available.
I request a fee waiver as this information is in the public interest
and will contribute to public understanding of government operations.
If fees exceed $[amount], please contact me before proceeding.
Please respond within the time limits required by law.
Thank you,
[Your Name]
[Your Address]
Response Deadlines
Initial response: 5 business days The agency must respond within 5 business days by:
- Granting the request
- Denying the request (with explanation)
- Requesting a 10-day extension
Extension: Up to 10 additional business days Agencies can extend for “unusual circumstances” but must explain why.
Failure to respond No response within the deadline is treated as a denial, and you can appeal.
Fees and Fee Waivers
What agencies can charge:
- Labor costs for searching and reviewing records
- Copying costs (paper or electronic)
- Mailing costs
What they cannot charge:
- Overhead or administrative costs beyond labor
- Costs to separate exempt from non-exempt material
Fee waivers Agencies must waive fees when:
- The request is in the public interest
- The requester is indigent
- Releasing the records primarily benefits the general public
Request a fee estimate Always ask for an estimate before they begin work. You can narrow your request if costs are too high.
Exemptions
Not all records are public. Common exemptions include:
Privacy exemptions
- Medical records
- Student records
- Home addresses of law enforcement
Law enforcement exemptions
- Ongoing criminal investigations
- Confidential informant identities
- Records that would interfere with enforcement proceedings
Other exemptions
- Attorney-client privilege
- Trade secrets
- Internal policy deliberations (limited)
Partial disclosure If a record contains both exempt and non-exempt information, the agency must redact the exempt portions and release the rest.
If Your Request is Denied
Step 1: Administrative Appeal Write to the head of the agency within 180 days. They must respond within 10 business days.
Step 2: Circuit Court Appeal If the administrative appeal fails, you can file suit in circuit court. You must file within 180 days of the final denial.
Attorney fees If you prevail in court, the agency may be required to pay your attorney fees.
Sample Appeal Letter
FREEDOM OF INFORMATION ACT APPEAL
To: [Agency Head Name and Title]
From: [Your Name]
Date: [Date]
Re: Appeal of FOIA Denial dated [Date]
I am appealing the denial of my FOIA request dated [date] for the
following records: [describe records].
The denial cited [exemption]. I believe this exemption does not apply
because [explain reasoning].
Alternatively, even if some portions are exempt, the agency should
release non-exempt portions with appropriate redactions.
Please respond within the 10 business days required by MCL 15.240(2).
[Your Name]
[Your Address]
Tips for Effective FOIA Requests
Be persistent Agencies sometimes deny requests hoping you’ll go away. Appeals often succeed.
Start narrow A focused request gets faster, cheaper results. You can always request more.
Request electronic copies Cheaper and faster than paper.
Keep records Save all correspondence, track deadlines, note who you spoke with.
Follow up If you don’t hear back, call or email. Document the contact.
Compare responses If one agency claims records don’t exist, another agency might have copies.
Use what you get Even partial responses can reveal what else to request.
Red Flags in Responses
“No responsive records” Sometimes true, sometimes not. Consider whether the records should exist and whether to appeal.
Excessive fees Get itemized estimates. Challenge unreasonable charges.
Overly broad exemptions Agencies sometimes claim exemptions that don’t apply. Research the specific exemption cited.
Delayed responses Track deadlines carefully. Missed deadlines give you appeal rights.
Heavy redactions Challenge if redactions seem excessive or unexplained.
Resources
Michigan FOIA Handbook Published by the Michigan Attorney General’s office. Comprehensive guide to the law.
Reporters Committee for Freedom of the Press rcfp.org FOIA guides and legal support for records access.
MuckRock muckrock.com Platform for filing and tracking FOIA requests.
Michigan Press Association michiganpress.org Resources on Michigan open records and meetings laws.
FOIA Coordinator Contact Template
When calling to find the FOIA coordinator:
“Hello, I’d like to submit a Freedom of Information Act request. Can you tell me who your FOIA coordinator is and how to submit requests?”
Ask for:
- Name and title
- Email address
- Mailing address
- Online portal (if available)
- Any specific forms required