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Secord Township Freedom Of Information Act Information
Secord
Township
FOIA Procedures and Guidelines
Preamble: Statement of Principles
It is the policy of Secord Township that all persons, except those incarcerated,
consistent with the Michigan Freedom of Information Act (FOIA), 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 employees. The
people shall be informed so that they fully participate in the democratic
process.
The Township’s policy with respect to FOIA requests is to comply with State law
in all respects and to respond to FOIA requests in a consistent, fair, and
even-handed manner regardless of who makes such a request.
The Township acknowledges that it has a legal obligation to disclose all
nonexempt public records in its possession pursuant to a FOIA request. The
Township acknowledges that sometimes it is necessary to invoke the exemptions
identified under FOIA in order to ensure the effective operation of government
and to protect the privacy of individuals.
Secord Township will protect the public's interest in disclosure, while
balancing the requirement to withhold or redact portions of certain records. The
Township’s policy is to disclose public records consistent with and in
compliance with State law.
The Township Board has established the following written procedures and
guidelines to implement the FOIA and will create a written public summary of the
specific procedures and guidelines relevant to the general public regarding how
to submit written requests to the public body and explaining how to understand a
public body's written responses, deposit requirements, fee calculations, and
avenues for challenge and appeal. The written public summary will be written in
a manner so as to be easily understood by the general public.
Section 1: General Policies
The Township Board, acting pursuant to the authority at MCL 15.236, designates
the Secord Clerk as the FOIA Coordinator. He or she is authorized to designate
other Township staff to act on his or her behalf to accept and process written
requests for the Township’s public records and approve denials.
If a request for a public record is received by fax or email, the request is
deemed to have been received on the following business day. If a request is sent
by email and delivered to a Township spam or junk-mail folder, the request is
not deemed received until one day after the FOIA Coordinator first becomes aware
of the request. The FOIA Coordinator shall note in the FOIA log both the date
the request was delivered to the spam or junk-mail folder and the date the FOIA
Coordinator became aware of the request.
The FOIA Coordinator shall review Township spam and junk-mail folders on a
regular basis, which shall be no less than once a month. The FOIA Coordinator
shall work with Township Information Technology staff to develop administrative
rules for handling spam and junk-mail so as to protect Township systems from
computer attacks which may be imbedded in an electronic FOIA request.
The FOIA Coordinator may, in his or her discretion, implement administrative
rules, consistent with State law and these Procedures and Guidelines to
administer the acceptance and processing of FOIA requests.
The Township is not obligated to create a new public record or make a
compilation or summary of information which does not already exist. Neither the
FOIA Coordinator nor other Township staff are obligated to provide answers to
questions contained in requests for public records or regarding the content of
the records themselves.
The FOIA Coordinator shall keep a copy of all written requests for public
records received by the Township on file for a period of at least one year.
The Township will make this Procedures and Guidelines document and the Written
Public Summary publicly available without charge. If it does not, the Township
cannot require deposits or charge fees otherwise permitted under the FOIA until
it is in compliance.
A copy of this Procedures and Guidelines document and the Township’s Written
Public Summary must be publicly available by providing free copies both in the
Township's response to a written request and upon request by visitors at the
Township's office.
Include the following if the township directly or indirectly administers or
maintains an official internet presence: This Procedures and Guidelines document
and the Township’s Written Public Summary will be maintained on the Township’s
website at: www.secordtownship.org , so a link to those documents will be
provided in lieu of providing paper copies of those documents.
Section 2: Requesting a Public Record
No specific form to submit a request for a public record is required. However
the FOIA Coordinator may make available a FOIA Request Form for use by the
public.
Requests to inspect or obtain copies of public records prepared, owned, used,
possessed or retained by the Township may be submitted on the Township’s FOIA
Request Form, in any other form of writing (letter, fax, email, etc.), or by
verbal request.
Verbal requests for records may be documented by the Township on the Township’s
FOIA Request Form.
If a person makes a verbal, non-written request for information believed to be
available on the Township’s website, where practicable and to the best ability
of the employee receiving the request, shall be informed of the pertinent
website address.
A request must sufficiently describe a public record so as to enable Township
personnel to identify and find the requested public record.
Written requests for public records may be submitted in person or by mail to any
Township office. Requests may also be submitted electronically by fax and email.
Upon their receipt, requests for public records shall be promptly forwarded to
the FOIA Coordinator for processing.
A person may request that public records be provided on non-paper physical
media, emailed or other otherwise provided to him or her in digital form in lieu
of paper copies. The Township will comply with the request only if it possesses
the necessary technological capability to provide records in the requested
non-paper physical media format.
A person may subscribe to future issues of public records that are created,
issued or disseminated by Secord Township on a regular basis. A subscription is
valid for up to 6 months and may be renewed by the subscriber.
A person serving a sentence of imprisonment in a local, state or federal
correctional facility is not entitled to submit a request for a public record.
The FOIA Coordinator will deny all such requests.
Section 3: Processing a Request
Unless otherwise agreed to in writing by the person making the request, the
Township will issue a response within 5 business days of receipt of a FOIA
request. If a request is received by fax, email or other electronic
transmission, the request is deemed to have been received on the following
business day.
The Township will respond to a request in one of the following ways:
•Grant the request.
•Issue a written notice denying the request.
•Grant the request in part and issue a written notice denying in part
the request.
•Issue a notice indicating that due to the nature of the request the
Township needs an additional 10 business days to respond for a total of no more
than 15 business days. Only one such extension is permitted.
•Issue a written notice indicating that the public record requested is
available at no charge on the Township’s website.
When a request is granted:
If the request is granted, or granted in part, the FOIA Coordinator will require
that payment be made in full for the allowable fees associated with responding
to the request before the public record is made available.
The FOIA Coordinator shall provide a detailed itemization of the allowable costs
incurred to process the request to the person making the request.
A copy of these Procedures and Guidelines and the Written Public Summary will be
provided to the requestor free of charge with the response to a written request
for public records*, provided however, that because these Procedures and
Guidelines, and the Written Public Summary are maintained on the Township’s
website at: www.secordtownship.org , a link to the Procedures and Guidelines and
the Written Public Summary will be provided in lieu of providing paper copies of
those documents.
If the cost of processing a FOIA request is $50 or less, the requester will be
notified of the amount due and where the documents can be obtained.
If the cost of processing a FOIA request is expected to exceed $50 based on a
good-faith calculation, or if the requestor has not paid in full for a
previously granted request, the Township will require a good-faith deposit
pursuant to Section 4 of this policy before processing the request.
In making the request for a good-faith deposit the FOIA Coordinator shall
provide the requestor with a detailed itemization of the allowable costs
estimated to be incurred by the Township to process the request and also provide
a best efforts estimate of a time frame it will take the Township to provide the
records to the requestor. The best efforts estimate shall be nonbinding on the
Township, but will be made in good faith and will strive to be reasonably
accurate, given the nature of the request in the particular instance, so as to
provide the requested records in a manner based on the public policy expressed
by Section 1 of the FOIA.
When a request is denied or denied in part:
If the request is denied or denied in part, the FOIA Coordinator will issue a
Notice of Denial which shall provide in the applicable circumstance:
•An explanation as to why a requested public record is exempt from
disclosure; or
•A certificate that the requested record does not exist under the name
or description provided by the requestor, or another name reasonably known by
the Township; or
•An explanation or description of the public record or information
within a public record that is separated or deleted from the public record; and
•An explanation of the person’s right to submit an appeal of the denial
to either the office of the Township Clerk or seek judicial review in the
Gladwin County Circuit Court;
•An explanation of the right to receive attorneys’ fees, costs, and
disbursements as well actual or compensatory damages, and punitive damages of
$1,000, should they prevail in Circuit Court.
•The Notice of Denial shall be signed by the FOIA Coordinator.
If a request does not sufficiently describe a public record, the FOIA
Coordinator may, in lieu of issuing a Notice of Denial indicating that the
request is deficient, seek clarification or amendment of the request by the
person making the request. Any clarification or amendment will be considered a
new request subject to the timelines described in this Section.
Requests to inspect public records:
The Township shall provide reasonable facilities and opportunities for persons
to examine and inspect public records during normal business hours. The FOIA
Coordinator is authorized to promulgate rules regulating the manner in which
records may be viewed so as to protect Township records from loss, alteration,
mutilation or destruction and to prevent excessive interference with normal
Township operations.
Requests for certified copies:
The FOIA Coordinator shall, upon written request, furnish a certified copy of a
public record at no additional cost to the person requesting the public record.
Section 4: Fee Deposits
If the fee estimate is expected to exceed $50.00 based on a good-faith
calculation, the requestor will be asked to provide a deposit not exceeding
one-half of the total estimated fee.
If a request for public records is from a person who has not paid the Township
in full for copies of public records made in fulfillment of a previously granted
written request, the FOIA Coordinator will require a deposit of 100% of the
estimated processing fee before beginning to search for a public record for any
subsequent written request by that person when all of the following conditions
exist:
•The final fee for the prior written request is not more than 105% of
the estimated fee;
•The public records made available contained the information sought in
the prior written request and remain in the Township's possession;
•The public records were made available to the individual, subject to
payment, within the time frame estimated by the Township to provide the records;
•Ninety (90) days have passed since the FOIA Coordinator notified the
individual in writing that the public records were available for pickup or
mailing;
•The individual is unable to show proof of prior payment to the
Township; and
•The FOIA Coordinator has calculated a detailed itemization that is the
basis for the current written request’s increased estimated fee deposit.
The FOIA Coordinator will not require an increased estimated fee deposit if any
of the following apply:
•The person making the request is able to show proof of prior payment
in full to the Township;
•The Township is subsequently paid in full for the applicable prior
written request; or
•Three hundred sixty five (365) days have passed since the person made
the request for which full payment was not remitted to the Township.
Section 5: Calculation of Fees
A fee may be charged for the labor cost of copying/duplication.
A fee will not be charged for the labor cost of search, examination, review and
the deletion and separation of exempt from nonexempt information unless failure
to charge a fee would result in unreasonably high costs to the Township because
of the nature of the request in the particular instance, and the Township
specifically identifies the nature of the unreasonably high costs.
Costs for the search, examination review, and deletion and separation of exempt
from non-exempt information are “unreasonably high” when they are excessive and
beyond the normal or usual amount for those services (Attorney General Opinion
7083 of 2001) compared to the costs of the township’s usual FOIA requests, not
compared to the township’s operating budget. (Bloch v. Davison Community
Schools, Michigan Court of Appeals, Unpublished, April 26, 2011)
The following factors shall be used to determine an unreasonably high cost to
the Township:
•Volume of the public record requested
•Amount of time spent to search for, examine, review and separate
exempt from non-exempt information in the record requested.
•Whether the public records are from more than one Township department
or whether various Township offices are necessary to respond to the request.
•The available staffing to respond to the request.
•Any other similar factors identified by the FOIA Coordinator in
responding to the particular request.
The Michigan FOIA statute permits the Township to charge for the following costs
associated with processing a request:
•Labor costs associated with copying or duplication, which includes
making paper copies, making digital copies, or transferring digital public
records to non-paper physical media or through the Internet.
•Labor costs associated with searching for, locating and examining a
requested public record, when failure to charge a fee will result in
unreasonably high costs to the Township.
•Labor costs associated with a review of a record to separate and
delete information exempt from disclosure, when failure to charge a fee will
result in unreasonably high costs to the Township.
•The cost of copying or duplication, not including labor, of paper
copies of public records. This may include the cost for copies of records
already on the township’s website if you ask for the township to make copies.
•The cost of computer discs, computer tapes or other digital or similar
media when the requester asks for records in non-paper physical media. This may
include the cost for copies of records already on the township’s website if you
ask for the township to make copies.
•The cost to mail or send a public record to a requestor.
Labor costs will be calculated based on the following requirements:
•All labor costs will be estimated and charged in 15-minute increments,
with all partial time increments rounded down. If the time involved is less than
15 minutes, there will be no charge.
•Labor costs will be charged at the hourly wage of the lowest-paid
Township employee capable of doing the work in the specific fee category,
regardless of who actually performs work.
•Labor costs will also include a charge to cover or partially cover the
cost of fringe benefits.
•The Township may add up to 50% to the applicable labor charge amount
to cover or partially cover the cost of fringe benefits, but in no case may it
exceed the actual cost of fringe benefits.
•Overtime wages will not be included in labor costs unless agreed to by
the requestor; overtime costs will not be used to calculate the fringe benefit
cost.
•Contracted labor costs will be charged at the hourly rate of $48.90 (6
times the state minimum hourly wage).
The cost to provide records on non-paper physical media when so requested will
be based on the following requirements:
•Computer disks, computer tapes or other digital or similar media will
be at the actual and most reasonably economical cost for the non-paper media.
•This cost will only be assessed if the Township has the technological
capability necessary to provide the public record in the requested non-paper
physical media format.
•The Township will procure any non-paper media and will not accept
media from the requestor in order to ensure integrity of the Township’s
technology infrastructure.
The cost to provide paper copies of records will be based on the following
requirements:
•Paper copies of public records made on standard letter (8 ½ x 11) or
legal (8 ½ x 14) sized paper will not exceed $.10 per sheet of paper. Copies for
non-standard sized sheets of paper will reflect the actual cost of reproduction.
•The Township will provide records using double-sided printing, if it
is cost-saving and available.
The cost to mail records to a requestor will be based on the following
requirements:
•The actual cost to mail public records using a reasonably economical
and justified means.
•The Township may charge for the least expensive form of postal
delivery confirmation.
•No cost will be made for expedited shipping or insurance unless
specified by the requestor.
If the FOIA Coordinator does not respond to a written request in a timely
manner, the Township must:
•Reduce the labor costs by 5% for each day the Township exceeds the
time permitted under FOIA up to a 50% maximum reduction, if any of the following
applies:
o The Township’s late response was willful and intentional,
o The written request conveyed a request for information within the first 250
words of the body of a letter facsimile, email or email attachment, or
o The written request included the words, characters, or abbreviations for
“freedom of information,” “information,” “FOIA,” “copy” or a recognizable
misspelling of such, or legal code reference to MCL 15. 231, et seq. or 1976
Public Act 442 on the front of an envelope or in the subject line of an email,
letter or facsimile cover page.
•Fully note the charge reduction in the Detailed Itemization of Costs
Form.
Section 6: Waiver of Fees
The cost of the search for and copying of a public record may be waived or
reduced if in the sole judgment of the FOIA Coordinator a waiver or reduced fee
is in the public interest because it can be considered as primarily benefitting
the general public. The township board may identify specific records or types of
records it deems should be made available for no charge or at a reduced cost.
Section 7: Discounted Fees
Indigence
The FOIA Coordinator will discount the first $20.00 of the processing fee for a
request if the person requesting a public record submits an affidavit stating
that they are:
•Indigent and receiving specific public assistance, or
•If not receiving public assistance, stating facts demonstrating an
inability to pay because of indigence.
An individual is not eligible to receive the waiver if:
•The requestor has previously received discounted copies of public
records from the Township twice during the calendar year; or
•The requestor requests information in connection with other persons
who are offering or providing payment to make the request.
An affidavit is sworn statement. The FOIA Coordinator may make a Fee Waiver
Affidavit Form available for use by the public.
Nonprofit organization advocating for developmentally disabled or mentally ill
individuals
The FOIA Coordinator will discount the first $20.00 of the processing fee for a
request from:
•A nonprofit organization formally designated by the state to carry out
activities under subtitle C of the federal developmental disabilities assistance
and bill of rights act of 2000, Public Law 106-402, and the protection and
advocacy for individuals with mental illness act, Public Law 99-319, or their
successors, if the request meets all of the following requirements:
o Is made directly on behalf of the organization or its clients.
o Is made for a reason wholly consistent with the mission and provisions of
those laws under section 931 of the mental health code, 1974 PA 258, MCL
330.1931.
o Is accompanied by documentation of its designation by the state, if requested
by the public body.
Section 8: Appeal of a Denial of a Public Record
When a requestor believes that all or a portion of a public record has not been
disclosed or has been improperly exempted from disclosure, he or she may appeal
to the Township Board by filing an appeal of the denial with the office of the
Township Clerk.
The appeal must be in writing, specifically state the word "appeal" and identify
the reason or reasons the requestor is seeking a reversal of the denial. The
Township FOIA Appeal Form (To Appeal a Denial of Records), may be used.
The Township Board is not considered to have received a written appeal until the
first regularly scheduled Township Board meeting following submission of the
written appeal.
Within 10 business days of receiving the appeal the Township Board will respond
in writing by:
•Reversing the disclosure denial;
•Upholding the disclosure denial; or
•Reverse the disclosure denial in part and uphold the disclosure denial
in part; or
•Under unusual circumstances, issue a notice extending for not more
than 10 business days the period during which the Township Board shall respond
to the written appeal. The Township Board shall not issue more than 1 notice of
extension for a particular written appeal.
If the Township Board fails to respond to a written appeal, or if the Township
Board upholds all or a portion of the disclosure denial that is the subject of
the written appeal, the requesting person may seek judicial review of the
nondisclosure by commencing a civil action in Circuit Court.
Whether or not a requestor submitted an appeal of a denial to the Township
Board, he or she may file a civil action in Gladwin County Circuit Court within
180 days after the Township's final determination to deny the request.
If a court that determines a public record is not exempt from disclosure, it
shall order the Township to cease withholding or to produce all or a portion of
a public record wrongfully withheld, regardless of the location of the public
record. Failure to comply with an order of the court may be punished as contempt
of court.
If a person asserting the right to inspect, copy, or receive a copy of all or a
portion of a public record prevails in such an action, the court shall award
reasonable attorneys’ fees, costs, and disbursements. If the person or Township
prevails in part, the court may, in its discretion, award all or an appropriate
portion of reasonable attorneys' fees, costs, and disbursements.
If the court determines that the Township has arbitrarily and capriciously
violated this act by refusal or delay in disclosing or providing copies of a
public record, the court shall order the Township to pay a civil fine of
$1,000.00, which shall be deposited into the general fund of the state treasury.
The court shall award, in addition to any actual or compensatory damages,
punitive damages in the amount of $1,000.00 to the person seeking the right to
inspect or receive a copy of a public record. The damages shall not be assessed
against an individual, but shall be assessed against the next succeeding public
body that is not an individual and that kept or maintained the public record as
part of its public function.
Section 9: Appeal of an Excessive FOIA Processing Fee
“Fee” means the total fee or any component of the total fee calculated under
section 4 of the FOIA, including any deposit.
If a requestor believes that the fee charged by the Township to process a FOIA
request exceeds the amount permitted by state law or under this policy, he or
she must first appeal to the Township Board by submitting a written appeal for a
fee reduction to the office of the Township Clerk.
The appeal must be in writing, specifically state the word "appeal" and identify
how the required fee exceeds the amount permitted. The Township FOIA Appeal Form
(To Appeal an Excess Fee) may be used.
The Township Board is not considered to have received a written appeal until the
first regularly scheduled Township Board meeting following submission of the
written appeal.
Within 10 business days after receiving the appeal, the Township Board will
respond in writing by:
•Waiving the fee;
•Reducing the fee and issuing a written determination indicating the
specific basis that supports the remaining fee;
•Upholding the fee and issuing a written determination indicating the
specific basis that supports the required fee; or
•Issuing a notice detailing the reason or reasons for extending for not
more than 10 business days the period during which the Township Board will
respond to the written appeal. The Township Board shall not issue more than 1
notice of extension for a particular written appeal.
Where the Township Board reduces or upholds the fee, the determination must
include a certification from the Township Board that the statements in the
determination are accurate and that the reduced fee amount complies with its
publicly available procedures and guidelines and Section 4 of the FOIA.
Within 45 days after receiving notice of the Township Board’s determination of
an appeal, the requesting person may commence a civil action in Gladwin County
Circuit Court for a fee reduction.
If a civil action is commenced against the Township for an excess fee, the
Township is not obligated to complete the processing of the written request for
the public record at issue until the court resolves the fee dispute.
An action shall not be filed in circuit court unless one of the following
applies:
•The Township does not provide for appeals of fees,
•The Township Board failed to respond to a written appeal as required,
or
•The Township Board issued a determination to a written appeal.
If a court determines that the Township required a fee that exceeds the amount
permitted under its publicly available procedures and guidelines or Section 4 of
the FOIA, the court shall reduce the fee to a permissible amount. Failure to
comply with an order of the court may be punished as contempt of court.
If the requesting person prevails in court by receiving a reduction of 50% or
more of the total fee, the court may, in its discretion, award all or an
appropriate portion of reasonable attorneys' fees, costs, and disbursements. The
award shall be assessed against the public body liable for damages.
If the court determines that the Township has arbitrarily and capriciously
violated the FOIA by charging an excessive fee, the court shall order the
Township to pay a civil fine of $500.00, which shall be deposited in the general
fund of the state treasury. The court may also award, in addition to any actual
or compensatory damages, punitive damages in the amount of $500.00 to the person
seeking the fee reduction. The fine and any damages shall not be assessed
against an individual, but shall be assessed against the next succeeding public
body that is not an individual and that kept or maintained the public record as
part of its public function.
Section 10: Conflict with Prior FOIA Policies and Procedures; Effective Date
To the extent that these Procedures and Guidelines conflict with previous FOIA
policies promulgated by Township Board or the Township Administration these
Procedures and Guidelines are controlling. To the extent that any administrative
rule promulgated by the FOIA Coordinator subsequent to the adoption of this
resolution is found to be in conflict with any previous policy promulgated by
the Township Board or the Township Administration, the administrative rule
promulgated by the FOIA Coordinator is controlling.
To the extent that any provision of these Procedures and Guidelines or any
administrative rule promulgated by the FOIA Coordinator pertaining to the
release of public records is found to be in conflict with any State statute, the
applicable statute shall control. The FOIA Coordinator is authorized to modify
this policy and all previous policies adopted by the Township Board or the
Township Administration, and to adopt such administrative rules as he or she may
deem necessary, to facilitate the legal review and processing of requests for
public records made pursuant to Michigan's FOIA statute, provided that such
modifications and rules are consistent with State law. The FOIA Coordinator
shall inform the Township Board of any change these Policies and Guidelines.
These FOIA Policies and Guidelines become effective July 1, 2015.
Section 11: Appendix of Secord Township FOIA Forms
•Request for Public Records Form
•Notice to Extend Response Time Form
•Notice of Denial Form
•Detailed Cost Itemization Form
•Appeal of Denial of Records Form
•Appeal of Excess Fee Form
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