Freedom of Information Act Request - Michigan

FREEDOM OF INFORMATION ACT REQUEST

State of Michigan

Michigan Freedom of Information Act, MCL 15.231 et seq.

REQUEST INFORMATION

Date of Request: [__/__/____]

Method of Delivery:

☐ U.S. Mail
☐ Electronic Mail
☐ Hand Delivery
☐ Facsimile

PART I: REQUESTER IDENTIFICATION

Full Name: [________________________________]

Organization (if applicable): [________________________________]

Mailing Address: [________________________________]

City, State, ZIP: [________________________________]

Telephone: [________________________________]

Email Address: [________________________________]

Preferred Method of Response:

☐ Email to address above
☐ U.S. Mail to address above
☐ Available for pickup
☐ Other: [________________________________]

PART II: PUBLIC BODY INFORMATION

To:

FOIA Coordinator: [________________________________]

Public Body Name: [________________________________]

Department/Division: [________________________________]

Street Address: [________________________________]

City, State, ZIP: [________________________________]

Email: [________________________________]

Telephone: [________________________________]

PART III: LEGAL BASIS FOR REQUEST

Dear FOIA Coordinator:

Pursuant to the Michigan Freedom of Information Act ("FOIA"), MCL 15.231 et seq., I hereby request access to and copies of the public records described below. Under MCL 15.233(1), every person, except a person incarcerated in a state or county correctional facility, has a right to inspect, copy, or receive copies of the existing, prepared, or recorded public records of a public body, except as otherwise provided in the Act.

The Michigan FOIA defines "public record" broadly as "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." MCL 15.232(e). A "writing" includes "handwriting, typewriting, printing, photostating, photographing, photocopying, and every 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." MCL 15.232(h).

PART IV: RECORDS REQUESTED

I request access to and/or copies of the following records:

Category 1:

Description: [________________________________]

Date Range: From [__/__/____] to [__/__/____]

Keywords/Search Terms: [________________________________]

Specific Departments/Offices to Search: [________________________________]

Category 2:

Description: [________________________________]

Date Range: From [__/__/____] to [__/__/____]

Keywords/Search Terms: [________________________________]

Specific Departments/Offices to Search: [________________________________]

Category 3:

Description: [________________________________]

Date Range: From [__/__/____] to [__/__/____]

Keywords/Search Terms: [________________________________]

Specific Departments/Offices to Search: [________________________________]

Additional Records (if needed):

[________________________________]

[________________________________]

[________________________________]

Record Types Sought (check all that apply):

☐ Correspondence (letters, emails, memoranda)
☐ Reports and studies
☐ Meeting minutes and agendas
☐ Contracts and agreements
☐ Financial records and budgets
☐ Personnel records (non-exempt portions)
☐ Policies, procedures, and guidelines
☐ Inspection reports
☐ Permits and applications
☐ Photographs, audio, or video recordings
☐ Electronic databases or data sets
☐ Maps, drawings, or diagrams
☐ Other: [________________________________]

PART V: FORMAT OF PRODUCTION

Pursuant to MCL 15.233(1), I request that responsive records be provided in the following format:

☐ Electronic format (native file format preferred, e.g., .pdf, .xlsx, .docx)
☐ Paper copies
☐ Both electronic and paper copies

If records exist in electronic format, I request production in that format. Under MCL 15.233(1), a public body shall furnish a requesting person a reasonable opportunity for inspection and examination of its public records, and shall furnish reasonable facilities for making memoranda or abstracts from its public records during the usual business hours.

Specific Electronic Format Preferences (if applicable):

☐ PDF format
☐ Native file format
☐ CSV or spreadsheet format for data
☐ Other: [________________________________]

PART VI: FEE PROVISIONS

A. Fee Limitations Under MCL 15.234

I understand that under MCL 15.234, a public body may charge a fee for providing a copy of a public record. I am aware that:

1. Labor costs must be calculated based on the hourly wage of the lowest-paid employee capable of retrieving the information, estimated and charged in 15-minute increments with partial increments rounded down. MCL 15.234(3).

2. Copy costs for paper copies may not exceed $0.10 per page for standard 8.5" x 11" or 8.5" x 14" paper. MCL 15.234(4).

3. Mailing costs may include the actual cost of mailing, including the cost of the delivery confirmation. MCL 15.234(5).

4. A public body shall not charge more than the actual incremental cost of providing a copy of a record in a digital or electronic format. MCL 15.234(6).

B. Fee Cap and Estimate

I agree to pay reasonable fees in accordance with MCL 15.234, up to a maximum of $[____]. If the estimated fees exceed this amount, please provide me with a detailed, itemized written fee estimate before processing this request, including:

☐ Labor costs (with hourly wage and estimated hours)
☐ Copy/duplication costs
☐ Mailing costs
☐ Any other permissible charges

I understand that under MCL 15.234(7), if a public body does not respond to a written request in a timely manner, the public body shall reduce the labor cost by 5% for each day the public body exceeds the time permitted, up to a 50% reduction.

C. Fee Waiver Request

☐ I request a fee waiver or reduction because this request is in the public interest. The information is likely to contribute significantly to public understanding of the operations or activities of government and is not primarily in the commercial interest of the requester.

Basis for Fee Waiver: [________________________________]

D. Indigency Fee Reduction

☐ I am requesting a fee reduction based on indigency pursuant to MCL 15.234(2). I submit the attached affidavit confirming that I am receiving specific public assistance or, if not, that I am unable to pay the full fee because of indigency based on the following facts: [________________________________]

PART VII: RESPONSE DEADLINE

Under MCL 15.235(2), the public body must respond to this FOIA request within five (5) business days after receiving it. The response must be one of the following:

1. Grant the request;
2. Issue a written notice denying the request;
3. Grant the request in part and issue a written notice denying the request in part; or
4. Issue a notice extending the response period by not more than ten (10) additional business days, with a detailed reason for the extension.

Failure to respond within this timeframe constitutes a denial of the request under MCL 15.235(5), which is considered a final determination for purposes of judicial review.

PART VIII: EXEMPTIONS AND SEGREGABILITY

If any portion of the requested records is claimed to be exempt from disclosure under MCL 15.243, I request that the public body:

1. Identify each specific exemption relied upon for each withheld document or portion thereof, citing the specific subsection of MCL 15.243;
2. Explain how the exemption applies to the specific record or portion withheld, providing a description sufficiently specific to enable me to assess the applicability of the exemption;
3. Segregate and release all non-exempt portions of partially exempt records, as required by MCL 15.244(1); and
4. Certify that the exempt information has been properly segregated and that all reasonably segregable non-exempt material has been released.

Common Exemptions Under MCL 15.243:

For reference, the exemptions most commonly asserted include:

• MCL 15.243(1)(a) - Information of a personal nature (clearly unwarranted invasion of privacy)
• MCL 15.243(1)(b) - Investigating records of law enforcement agencies
• MCL 15.243(1)(d) - Records required to be kept confidential by state or federal law
• MCL 15.243(1)(e) - Advisory communications (deliberative process)
• MCL 15.243(1)(g) - Trade secrets and commercial/financial information
• MCL 15.243(1)(i) - Records related to computer security
• MCL 15.243(1)(n) - Attorney-client privileged communications
• MCL 15.243(1)(y) - Records of a public body's security measures

PART IX: PRESERVATION OF RECORDS

The public body is hereby placed on notice that it must preserve all records responsive to this request. Destruction, alteration, or concealment of public records is a violation of Michigan law and may subject responsible individuals to criminal penalties. See MCL 750.491 (willful destruction of public records).

PART X: APPEAL RIGHTS

I understand that, pursuant to MCL 15.240, if this request is denied in whole or in part, I have the following appeal rights:

A. Administrative Appeal (MCL 15.240(1))

I may submit a written appeal to the head of the public body within 180 days after the public body's final determination to deny the request. The head of the public body has ten (10) business days after receiving the appeal to respond by:

1. Reversing the disclosure denial;
2. Upholding the disclosure denial; or
3. Reversing the disclosure denial in part and upholding the disclosure denial in part.

B. Fee Appeal (MCL 15.240a)

If I believe the fee charged exceeds the amount permitted under MCL 15.234, I may appeal the fee to the head of the public body within 45 days of receiving the fee estimate. The head must respond within ten (10) business days with a written determination.

C. Judicial Review (MCL 15.240(4))

If the administrative appeal is denied, or if the head of the public body fails to respond within the required timeframe, I may commence a civil action in the circuit court to compel disclosure. Under MCL 15.240(4), the circuit court shall award reasonable attorneys' fees, costs, and disbursements if the court determines that the public body has not complied with the Act and orders disclosure of all or a portion of the requested public record.

I reserve all rights to pursue administrative and judicial remedies available under the Michigan FOIA.

PART XI: ADDITIONAL PROVISIONS

A. Third-Party Notification

If the public body intends to notify any third party regarding this request, I ask that such notification be made promptly so as not to delay the response to this request beyond the statutory timeframe.

B. Communication Regarding This Request

All communications regarding this request should be directed to the Requester at the contact information provided in Part I above.

C. Request for FOIA Log

In addition to the records described above, I also request a copy of the public body's FOIA procedures and guidelines, including its itemized fee schedule, as required by MCL 15.236.

PART XII: CERTIFICATION AND SIGNATURE

I certify that the information provided in this request is true and accurate to the best of my knowledge. I understand that this request is made pursuant to the Michigan Freedom of Information Act, MCL 15.231 et seq., and that I am entitled to the protections and rights afforded by the Act.

Signature: ___________________________________

Printed Name: [________________________________]

Title (if applicable): [________________________________]

Organization (if applicable): [________________________________]

Date: [__/__/____]

SOURCES AND REFERENCES

1. Michigan Freedom of Information Act, MCL 15.231 et seq.
2. MCL 15.232 - Definitions
3. MCL 15.233 - Right to inspect, copy, or receive copies of public records
4. MCL 15.234 - Fee provisions and limitations
5. MCL 15.235 - Response timelines (5 business days, 10-day extension)
6. MCL 15.236 - FOIA procedures and guidelines requirement
7. MCL 15.240 - Appeal process (180-day administrative appeal; 10-day response)
8. MCL 15.240a - Fee appeal process (45-day deadline)
9. MCL 15.243 - Exemptions from disclosure
10. MCL 15.244 - Judicial review and segregability requirement
11. MCL 750.491 - Willful destruction of public records

This template is designed for use in the State of Michigan under the Michigan Freedom of Information Act, MCL 15.231 et seq. It should be customized to the specific facts of each request and reviewed by a qualified Michigan attorney before submission. Laws and regulations may change; verify all citations before use.