As free citizens of a democratic society, we have a right to access certain government records and documents. The Michigan Freedom of Information Act (FOIA) provides a formal process for requesting public records from state and local government agencies. Whether you're a concerned citizen, journalist, researcher, or simply curious about government operations, FOIA can be a powerful tool for obtaining information. We'll break down the key aspects of Michigan's FOIA law so you can navigate the process confidently.

What is FOIA?
The Michigan Freedom of Information Act (FOIA), codified in MCL 15.231 et seq., is a state law that gives citizens the right to request access to public records from government bodies at the state and local levels. This includes records held by state agencies, county governments, cities, townships, villages, school districts, and more. FOIA establishes procedures for requesting records as well as rules for how agencies must respond.

What Records are Available Under FOIA?
Under FOIA, you can request access to most types of records maintained by Michigan public bodies, including documents, papers, letters, emails, books, tapes, photographs, maps, and electronic data. However, there are some exceptions where records or portions of records may be exempt from disclosure for reasons such as personal privacy, law enforcement interests, or privileged communications.

How to Submit a FOIA Request
To obtain records under FOIA, you must submit a written request to the specific public body that maintains the records you seek. Your request should describe the records you want as specifically as possible, including relevant dates, names, keywords, or other identifying details. Many agencies provide a standard FOIA request form on their website, but you can also submit a letter or email. Be sure to include your name, mailing address, and contact information. You may also want to state whether you prefer to receive the records electronically or in hard copy. If you are only requesting a subset of a larger record, specify which portions you need.

Fees and Response Timelines
Public bodies can charge fees to cover the costs of searching for, reviewing, redacting, and copying the requested records. Fees are calculated based on the agency's actual costs, including employee labor costs. However, the first $20 of a request must be waived for certain individuals like non-profit organizations or those receiving public assistance. The agency has 5 business days to respond to your request by either granting the request, denying it in writing, granting it in part and denying it in part, or extending the response period by 10 business days. If the request is granted, the agency must provide the records or allow inspection within a reasonable period depending on the volume and availability of the materials. If a request is denied in whole or in part, the agency must provide a written explanation citing the specific exemption that justifies the denial and notifying you of your right to appeal. Appeals can be made first to the head of the public body, and then to circuit court if the initial appeal is denied.

Limitations and Exemptions
While FOIA promotes transparency, it does have some key limitations. Agencies can withhold records or redact portions that are exempt under one of the FOIA exemptions laid out in MCL 15.243. Some common exemptions include:

1. - Personal privacy exemptions for information like medical records, personnel files, or student records -

2. Law enforcement exemptions for records that could interfere with investigations or endanger officers -

3. Exemptions for communications protected by attorney-client privilege -

4. Trade secret or commercial/financial information exemptions -

5. Exemptions for records related to open lawsuits or pending litigation.

The public body bears the burden of establishing that a particular exemption applies. It also bears the responsibility to separate out any exempt material and disclose all non-exempt portions of requested records, if any exist. Most FOIA lawsuits deal with the non-disclosure of records by a public body due to an improper claim of an exemption.

Get the Most Out of Your Request
Michigan's FOIA law is a powerful mechanism for keeping government accountable and accessible to the people it serves. However, if you don’t tailor your requests for exactly what you’re looking for, you could end up not receiving the document you’re looking for and end up paying more in the process. Overly broad requests can burden agencies with excessive costs and labor that they will ultimately pass on to the requester.

Additionally, while FOIA provides access to many government records, it does not require agencies to create new records, perform research, or to even answer questions. The purpose of FOIA is to obtain or inspect existing records, not to gather information or data. FOIA can be an invaluable tool for engaged citizens, journalists, activists, researchers, and anyone seeking transparency from their government.

Attorney Aaron Martinez is experienced in handling FOIA disputes and guiding them through litigation if informal resolutions cannot be reached. If you believe you are being wrongfully denied access to public records, contact Aaron by calling (877) AARON-4U.