Information On The Michigan Freedom Of Information Act

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(AP) — Questions and answers concerning the Michigan Freedom of Information Act:

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Question: Who's covered by FOIA?

Answer: All state agencies, county and other local governments, school boards, other boards, departments, commissions, councils and public colleges and universities, along with anyone who is an employee or member of those agencies.

Q: Who's not covered?

A: The governor and lieutenant governor, along with the executive offices of both and any of their employees.

Q: What's covered?

A: All records except those specifically cited as exceptions. FOIA applies to any piece of paper, computer files, tapes, photographs, maps, or anything else recorded as text, sound, pictures or symbols.

Q: What's not covered?

A: Specific personal information about an individual if the release of the information would constitute a clearly unwarranted invasion of that individual's privacy; some investigative records compiled by law enforcement; records that could endanger safety at prisons; some trade secrets or commercial or financial information; information subject to attorney-client privilege; applications for university presidencies; and certain other information, including records that would disclose an individual's Social Security number.

Q: What must be done to file a FOIA?

A: Requests must be made in writing and sent to the FOIA coordinator of the public body.

Q: What happens after the request is sent?

[AD] A: The public body must respond to the request within five business days; it also can extend the response an additional 10 business days. If a request is denied, written notice must be provided to the requester within five business days, or within 15 business days if an extension is taken. The public body must provide a full explanation of why the request was denied. Requesters may submit an appeal to the head of the public body or seek judicial review. If a requester goes to court and wins, it's possible to receive attorney fees and collect damages from the public body.

Q: What can be charged for materials requested under FOIA?

A: A government agency may charge a fee for providing a copy of a public record. It also may charge fees to search, examine and review records and to separate exempt information if not charging a fee would result in unreasonably high costs to the public body. The fee must be limited to the 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 of indigence.

Q: What are the penalties for violating FOIA?

A: A circuit court that finds a public body has violated FOIA can award actual and compensatory damages plus punitive damages of $500.

Q: Who can't file a FOIA?

A: Prisoners in state, county or federal correctional facilities cannot make FOIA requests.

Q: Where can I get a sample FOIA request letter?

A: The Michigan Press Association has one on its Web site, at http://www.michiganpress.org/index/84