Public Summary offoia Procedures and Guidelines

Transcription

1 Prt fmnre Public Summary ffoia Prcedures and Guidelines It is the public plicy fthis state that all persns (except thse persns incarcerated in state r lcal crrectinal facilities) are entitled t full and cmplete infrmatin regarding the affairs f gvernment and the fficial acts f thse wh represent them as public fficials and public emplyees. The peple shall be infrmed s that they may fully participate in the demcratic prcess. Cnsistentwith the Michigan Freedm f Infrmatin Act (FOIA), Public Act 442 f 1976,the fllwing is the Written Public Summary f the Prt's FOIA Prcedures and Guidelines relevant t the general public. This is nly a summary f the Prt's FOIA Prceduresand Guidelines. Fr mre details and infrmatin, cpies f the Prt's FOIA Prcedures and Guidelines are available at n charge at any Prt ffice and n the Prt's website: 1. Hw d I submit a FOIA request t the Prt? A request must sufficiently describe a public recrd s as t enable the Prt t find it. Please include the wrds "FOIA" r "FOIA Request" in the request t assist the Prt in prviding a prmpt respnse. Requests t inspect r btain cpies f public recrds prepared, wned, used, pssessed r retained by the Prt may be submitted n the Prt's FOIA Request Frm, in any ther frm f writing (letter, fax, , etc.), r by verbal request. Any verbal request will be dcumented by the Prt n the Prt's FOIA Request Frm. N specific frm t submit a written request is required. Hwever a FOIA Request Frm and ther FOIA-related frms are available fr yur use and cnvenience n the Prt's website at and at the Prt's ffices. Written requests may be delivered t the Prt's ffices in persn r by mail: Requests may be faxed t: T ensure a prmpt respnse, faxed requests shuld cntain the term "FOIA" r "FOIA Request" n the first/cver page. Requests may be ed t: mail@prtfmnre.cm. T ensure a prmpt respnse, requests shuld cntain the term "FOIA" r "FOIA Request" in the subject line.

2 2. What kind f respnse can I expect t my request? Within 5 business days after receiving a FOIA request the Prtwill issue a respnse. If a request is received by fax r , the request is deemed t have been received n the fllwing business day. The Prt will respnd t yur request in ne f the fllwing ways: Grant the request, Issue a written ntice denying the request, Grant the request in part and issue a writtennticedenying in part the request, Issue a ntice indicating that due t the nature fthe request the Prt needs an additinal 10 business days t respnd, r Issue a written ntice indicatingthat the public recrd requested is available at n charge n the Prt's website If the request is granted, r granted in part, the Prtwill ask that payment be made fr the allwable fees assciated with respnding t the request befre the public recrd is made available. If the cst fprcessingthe request is expectedt exceed $50, r if yu have nt paid fr a previusly granted request, the Prt will require a depsit befre prcessingthe request. 3. What are the Prt's depsit requirements? If the Prt has made a gd faith calculatinthat the ttal fee fr prcessingthe request will exceed $50.00, the Prt will require that yu prvide a depsit in the amunt f50% fthe ttal estimated fee. When the Prt requests the depsit, it will prvide yu a nn-binding best effrts estimate fhw lng it will take t prcess the request after yu have paid yur depsit. If the Prt receives a request frm a persn wh has nt paid the Prt fr cpies fpublic recrds made in fulfillment fa previusly granted written request, the Prt will require a depsit f 100% f the estimated prcessing fee befre it begins t search fr the public recrd fr any subsequent written request when ^ fthe fllwing cnditins exist: The final fee fr the prir written request is nt mre than 105% fthe estimated fee; The public recrds made available cntained the infrmatin sught in the prir written request and remain in the Prt's pssessin; The public recrds were made available t the individual, subject t payment, within the best effrt time frame estimated by the Prt t prvide the recrds; Ninety (90) days have passed since the Prt ntified the individual in writing that the public recrds were available fr pickup r mailing; The individual is unable t shw prffprir payment t the Prt; and The Prt has calculated an estimated detailed itemizatin that is the basis fr the current written request's increased fee depsit.

3 The Prt will nt require the 100% estimated fee depsit if any f the fllwing apply: The persn making the request is able t shw prff prir payment infull t theprt; The Prt is subsequently paid in full fr all applicable prir written requests; r Threehundred sixty five (365) days have passed sincethe persn made the request fr which full payment was nt remittedt the Prt. 4. Hw des the Prt calculate FOIA prcessing fees? The Michigan FOIA statute permits the Prt t charge fr thefllwing csts assciated with prcessing a request: Labrcsts assciated with cpyingr duplicatin, which includes making papercpies, making digital cpies, r transferring digital public recrds t nn-paper physical media r thrugh the Internet. Labr csts assciated with searching fr, lcatingand examining a requested public recrd,when failure t charge a fee will result in unreasnably high csts t the Prt. Labr csts assciated with a review f a recrd t separate and delete infrmatin exempt frm disclsure, when failure t charge a fee will result in unreasnably high csts t the Prt. The cst f cpying r duplicatin, nt including labr, f paper cpies f public recrds. This may include the cst fr cpies f recrds already n the Prt's website if yu ask fr the Prt t make cpies. The cst fcmputer discs, cmputer tapes r ther digital r similar media when the requester asks fr recrds in nn-paper physical media. This may include the cst fr cpies f recrds already n the Prt's website if yu ask fr the Prt t make cpies. The cst t mail r send a public recrd t a requestr. Labr Csts All labr csts will be estimated and charged in 15-minute increments, with all partial time increments runded dwn. Ifthe time invlved is less than 15 minutes, there will be n charge. Labr csts will be charged at the hurly wage fthe lwest-paid Prt emplyee capable fding the wrk in the specific fee categry, regardless fwh actually perfrms wrk. Labr csts will als include a charge t cver r partially cver the cst ffringe benefits. Prt may add up t 50% t the applicable labr charge amunt t cver r partially cver the cst ffringe benefits, but in n case may it exceed the actual cst f fringe benefits. Overtime wages will nt be included in labr csts unless agreed t by the requestr; vertime csts will nt be used t calculate the fringe benefit cst.

4 Cntracted labrcsts will be charged at the hurly rate f $48.90 (6 times the state minimum hurly wage) A labr cst will nt be charged frthe search, examinatin, review and the deletin and separatin f exempt frm nnexempt infrmatin unless failure t charge a fee wuld result inunreasnably high csts t the Prt. Csts are unreasnably high when they are excessive and beynd the nrmal r usual amunt frthse services cmpared t the Prt's usual FOIA requests, because f the nature f the request in the particular instance. The Prt must specifically identify the nature fthe unreasnably high csts in writing. Cpying and Duplicatin The Prt must use the mst ecnmical methd fr making cpies f public recrds, including using duble-sided printing, if cst-saving and available. Nn-paper Cpies n PhysicalMedia The cst fr recrds prvided n nn-paperphysical media, such as cmputer discs, cmputer tapes r ther digital r similar mediawill be at the actual and mst reasnably ecnmical cst fr the nn-paper media. This cst will be charged nly if the Prt has the technlgical capability necessary t prvide the public recrd in the requested nn-paper physical media frmat. Paper Cpies Paper cpies f public recrds made n standard letter (8 x 11) r legal (8 Vi x 14) sized paper will nt exceed $.10 per sheet fpaper. Cpies fr nn-standard sized sheets will paper will reflect the actual cst f reprductin. Mailing Csts The cst t mail public recrds will use a reasnably ecnmical and justified means. The Prt may charge fr the least expensive frm fpstal delivery cnfirmatin. N cst will be made fr expedited shipping r insurance unless yu request it. Waiver ffees The cst fthe search fr and cpying fa public recrd may be waived r reduced if in the sle judgment fthe FOIA Crdinatr a waiver r reduced fee is in the public interest because it can be cnsidered as primarily benefitting the general public. The Prt bard may identify specific recrds r types frecrds it deems shuld be made available fr n charge r at a reduced cst.

5 5. Hw d I qualify fr an indigence discunt n the fee? The Prt will discuntthe first $20.00 f fees fr a request if yu submit an affidavit stating that yu are: Indigent and receiving specific public assistance; r If ntreceiving public assistance, stating facts demnstrating an inability t paybecause findigence. Yu are nt eligible t receive the $20.00 discunt if yu: Have previusly received discunted cpies f public recrds frm the Prttwice during the calendar year; r Are requesting infrmatin n behalff ther persns wh are fferingr prviding payment t yu t make the request. An affidavit is swrn statement. Fr yur cnvenience, the Prt has prvided an Affidavit f Indigence fr the waiver ffoia fees n the Prt FOIA Request Frm, which is available n the Prt's website: www. prtfmnre.cm. 6. May a nnprfit rganizatin receive a discunt n the fee? A nnprfit rganizatin advcating fr develpmentally disabled r mentally ill individuals that is frmally designated by the state t carry ut activities under subtitle C f the federal develpmental disabilities assistance and bill frights act f2000, Public Law , and the prtectin and advcacy fr individuals with mental illness act. Public Law , may receive a $20.00 discunt if the request meets all fthe fllwing requirements in the Act: Is made directly n behalffthe rganizatin r its clients. Is made fr a reasn whlly cnsistent with the missin and prvisins fthse laws under sectin 931 fthe mental health cde, 1974 PA 258, MCL Is accmpanied by dcumentatin fits designatin by the state, if requested by the public bdy. 6. Hw may I challenge the denial fa public recrd r an excessive fee? Appeal fa Denial fa Public Recrd Ifyu believe that all r a prtin fa public recrd has nt been disclsed r has been imprperly exempted frm disclsure, yu may appeal t the Prt Bard by filing a written appeal fthe denial with the ffice fthe Prt Directr. The appeal must be in writing, specifically state the wrd "appeal," and identify the reasn r reasns yu are seeking a reversal fthe denial. Yu may use the Prt FOIA Appeal Frm (T Appeal a Denial f Recrds), which is available n the Prt's website:

6 The Prt Bard is nt cnsidered t have received a written appeal until the first regularly scheduled Prt Bard meeting fllwing submissin f the written appeal. Within 10 business days f receiving the appealthe Prt Bard will respnd in writing by: Reversing the disclsure denial; Uphlding the disclsure denial; r Reverse the disclsure denial in part and uphld the disclsure denial in part. Whether r nt yu submitted an appealf a denial t the Prt Bard,yu may file a civil actin in Mnre Cunty Circuit Curtwithin 180 daysafterthe Prt's final determinatin t denyyur request. If yu prevail in the civilactin the curtwill award yu reasnable attrneys' fees, cstsand disbursements. If the curt determines that the Prt acted arbitrarily and capriciusly in refusing t disclse r prvide a public recrd, the curt shall awardyu damages in the amunt f $1,000. Appeal fan Excess FOIA Prcessing Fee If yu believethat the fee charged by the Prt t prcessyur FOIA request exceeds the amunt permitted by state law,yu must first appeal t the Prt Bard by filing a writtenappeal fr a fee reductin t the ffice fthe FOIA Crdinatr. The appeal must specifically state the wrd"appeal"and identify hwthe required fee exceeds the amunt permitted. Yu may use the Prt FOIA Appeal Frm (T Appeal an Excess Fee), which is available at the Prt's ffices and n the Prt's website: The Prt Bard is nt cnsidered t have received a written appeal until the first regularly scheduled Prt Bard meeting fllwing submissin fthe written appeal. Within 10 business days after receiving the appeal, the Prt Bard will respnd in writing by: Waiving the fee; Reducing the fee and issue a written determinatin indicating the specific basis that supprts the remaining fee; Uphlding the fee and issue a written determinatin indicating the specific basis that supprts the required fee; r Issuing a ntice detailing the reasn r reasns fr extending fr nt mre than 10 business days the perid during which the Prt Bard will respnd t the written appeal. Within 45 days after receiving ntice fthe Prt Bard's determinatin fthe prcessing fee appeal, yu may cmmence a civil actin in Mnre Cunty Circuit Curt fr a fee reductin. Ifyu prevail in the civil actin by receiving a reductin f50% r mre f the ttal fee, the curt may award all r apprpriate amunt f reasnable attrneys' fees, csts and disbursements. Ifthe curt determines that the Prt acted arbitrarily and capriciusly by charging an excessive fee, curt may als award yu punitive damages in the amunt f$500.

7 Prt: Keep riginal and PORT OF MONROE Request Frm prvide cpy f bth sides, Nte: Requestrs are nt alng with Public Summary, required t use this frm. The t requestr at n charge. cmplete ne fr recrdkeeping ifntused. FOIA Request fr Public Recrds Michigan Freedm finfrmatin Act, Pubiic Act 442 f1976, MCL , etseq. Request N.: Date Received: Check if received via: Fax Other Electrnic Methd (Please Print rtype) Name Date delivered t junk/spam flder: Date discvered in junk/spam flder: Phne Firm/Organizatin Street Fax City State Zip Request fr: Cpy Certified cpy Recrd inspectin Subscriptin t recrd issued n regular basis Delivery Methd: Will pick up Will make wn cpies nsite Mail taddress abve t address abve Deliver n digital media prvided bythe Prt: Nte: The Prt isntrequired tprvide recrds In a digital frmat rndigital media IfthePrt desntalready have the technlgical capability t d s. Describe the public recrd(s) as specifically as pssible.yu may use this frm rattach additinal sheets: Cnsent t Nn-Statutry Extensin f Prt's Respnse Time Ihave requested a cpy f recrds r a subscriptin t recrdsr the pprtunity t inspectrecrds, pursuant t the Michigan Freedm f Infrmatin Act, Public Act 442f 1976, MCL , et seq. Iunderstand thatthe Prtmustrespnd t this requestwithin five (5) business days after receiving it, and thatrespnse mayinclude taking a 10-business day extensin. Hwever, Iherebyagree and stipulate t extend the Prt's respnse time frthisrequest until: {mnth, day, yeai). Requestr's Signature Date (Cmplete bthsides)

8 Recrds Lcated n Website If the Prt directly r Indirectly administers r maintains an fficial internet presence, any public recrds available t the general public n that internet site at the time the request ismade areexempt frm any labr charges t redact. If the FOIA crdinatr knvi/s rhas reasn t knw that all ra prtin f the requested infrmatin isavailable n its website, the Prt must ntify the requestr in its written respnse that all r a prtin f the requested infrmatin is available n its website. The written respnse, t the degree practicable in the specific instance, must include a specific webpage address where the requested infrmatin is available. On the detailed cst itemizatin frm, the Prt must separate the requested public recrds that are available n its website frm thse that are nt available n the website and must infrm the requestr f the additinal charge t receive cpies f the public recrds that are available n its website. If theprt hasincluded thewebsite address fr a recrd in Its written respnse t the requestr and therequestr thereafter stipulates that thepublic recrd be prvided t him r her in a paper frmat r ther frm, including digital media, the Prt must prvide the public recrds in the specified frmat (if the Prt has the technlgical capability) but may use afringe benefit multiplier greater than the 50%, nt t exceed the actual csts f prviding theinfrmatin in thespecified frmat. Request frcpies/duplicatin f Recrds n PrtWebsite Ihereby stipulate that, even if sme r all f the recrds are lcated n a Prt website, Iam requesting that the Prt make cpies f thse recrds n thewebsite and deliver them t mein thefrmat Ihave requested abve. Iunderstand thatsme FOIA fees may apply. Requestr's Signature Date Overtime Labr Csts Overtime wages shall nt beincluded in the calculatin flabr csts unless vertime is specifically stipulated by the requestr and clearly nted n the detailed cst itemizatin frm. Cnsent t Overtime Labr Csts Ihereby agree and stipulate t the Prt using vertime wages in calculating the fllwing labr csts as itemized in the fllwing categries: 1. Labr tcpy/duplicate 2. Labr tlcate 3a. Labr tredact 3b. Cntract labr tredact 6b. Labr tcpy/duplicate recrds already n Prt's website Requestr's Signature Date Request fr Discunt: Indigence Apublic recrd search must be made and a cpy fa public recrd must befurnished withut charge frthefirst $20.00 fthefee fr each request by an individual wh is entitled t infrmatin under this actand wh: 1)Submits an affidavit stating thatthe individual is indigent and receiving specific public assistance, OR 2) If ntreceiving public assistance, stating facts shwing inability t paythecst becausefindigence. If a requestr is ineligible fr thediscunt, the public bdy shall infrm the requestr specifically fthe reasn fr ineligibility in thepublic bdy's written respnse. An individual is ineligible fr this fee reductin ifany fthefllwing apply: (I) Theindividual has previusly received discunted cpies fpublic recrds frm the same public bdy twice during thatcalendar year, (II) The individual requests the Infrmatin in cnjunctin with utside parties wh are ffering r prviding payment r ther remuneratin t the individual t make the request. Apublic bdy may require a statement bythe requestr In the affidavit thatthe request is ntbeing madeincnjunctin with utside partiesinexchangefr payment r therremuneratin. Office Use: Affidavit Received Eligible fr Discunt Ineligible fr Discunt Iam submitting an affidavit and requesting that I receive the discunt frindigence frthisfoia request: Date: Requestr's Signature: Request fr Discunt: NnprfitOrganizatin Apublic recrd search must be made and a cpy fa public recrd must befumlshed withut chargefr the first $20.00 fthe fee fr each requestbya nnprfit rganizatin frmally designated bythe state t carryut activities undersubtitle C f the Develpmental Disabilities Assistance and Bill f Rights Act f 2000and the Prtectin and Advcacy fr Individuals with Mental Illness Act, ifthe requestmeets ALL fthe fllwing requirements: (I) Is made directly n behalff the rganizatin r its clients. (II) Is madefr a reasn whlly cnsistent with the missin and prvisins f thse lawsundersectin 931 fthe Mental Health Cde, 1974 PA 258, MCL (III) Is accmpanied bydcumentatin f its designatin by the state, ifrequested bythe Prt. Office Use: Dcumentatinf State Designatin Received Eligible fr Discunt Ineligib Istipulate that Iam a designated agentfrthe nnprfit rganizatin making this FOIA requestand that thisrequestis made directly n behalff the rganizatin r its clientsand is made fr a reasn whlly cnsistent with the missin and prvisins f thse laws under sectin 931 f the Mental Health Cde, 1974 PA 258, MCL : Requestr's Signature: e fr Discunt Date:

9 Prt: Keep riginal and PORT OF MONROE Extensin Frm prvide cpy, alngwith Public Summary, t requestr at n charge. Ntice t Extend Respnse Time fr FOIA Request Michigan Freedm f Infrmatin Act, Public Act 442 f 1976, MCL , etseq. Request N.: Date Received: Check if received via: Fax Other Electrnic Methd (Please Printr Type) Date discvered in iunk/sam flder: Request fr: Cpy Certified cpy Recrd inspectin Subscriptin t recrd issued nregular basis Name Phne Firm/Organizatin Fax Street City State Zip Delivery Methd: Will pick up Will make wn cpies nsite Mail taddress abve t address abve Deliver n digital media prvided bythe Prt: Recrd(s) Yu Requested: (Listed here r see attached cpy friginal request) We are extending the date t respnd t yur FOIA requestfr n mre than 10 business days, until Only ne extensin may be taken per FOIA request. If yu haveanyquestins regarding thisextensin, cntact at (mnth, day, yeai). Estimated TimeFramet Prvide Recrds: (days r date) The time frame estimateis nnbinding upn the Prt, but the Prt is prviding the estimate in gd faith. Prviding an estimated time frame des nt relieve a public bdyfrm any fthe ther requirements fthis act. Reasn fr Extensin: 1. The Prtneeds t search fr, cllect, r apprpriately examine r review a vluminus amunt fseparate and distinct public recrds pursuantt yurrequest. Specifically, the Prt must: 2. The Prtneeds t cllect the requested public recrdsfrm numerus field ffices, facilities, r ther establishments that are lcated apartfrm the Prtffice. Specifically, the Prt mustcrdinate dcuments frm the fllwing lcatins: 3. Other(describe): Signature f FOIA Crdinatr: Date:

10 Prt: Keep riginal and prvide cpiesf bthsides f each sheet, alngwith Public Summary, t requestr at n ctiarge. PORT OF MONROE Freedm f Infrmatin Act Request Detailed Cst Itemizatin Detailed Cst Itemizatin Prepared fr Request N.: Date Request Received: The fllwing csts are being charged In cmpliance with Sectin 4 f the Michigan Freedm f Infrmatin Act, MCL , accrding t the Prt's FOIA Plicies and Guidelines. 1. Labr Cst Thisis the cst f labr directly assciated with duplicatin f publicatin, including making paper cpies, making digital cpies, r transferring digital public recrdst be given t the requestrn nn-paper physical media r thrugh the Internet r therelectrnic means as stipulated by the requestr. This shall nt be mrethan the hurly wage f the Prt's lwest-paid emplyee capablef necessary duplicatin r publicatin inthis particular instance, regardlessf whether that persn is available r wh actuallyperfrmsthe labr. These cstswill be estimated and charged in 15-minute time increments as set by the Prt bard; all partial time increments must be runded dwn. Ifthenumber f minutes is less than neincrement, there is n charge. Hurly Wage Charged: $ OR Charge per increment:$ Hurly Wage with Fringe Benefit Cst: $ ^ Multiply the hurly wage by the percentage multiplier: % {up t 50%fthe hurly wage) and add t the hurly wage fr a ttal per hur rate. Charge per increment: $ Overtime rate charged asstipulated by Requestr (vertime isnt used t calculate the fhnge benefit cst) T figure the number f increments, take the numberf minutes:, divide by 15 -minute increments, and rund dwn. Enter belw: Number f increments 1. Labr Cst 2. Labr Cst t Lcate: This is thecst flabr directly assciated with the necessary searching fr, lcating, and examining public recrds in cnjunctin with receiving andfulfilling a granted written request. This fee is being charged because failure t d s will result in unreasnably high csts t the Prt that are excessive and beynd the nrmal r usual amuntfr thse services cmpared t the Prt's usual FOIA requests, because f the nature f the request In this particularinstance, specifically: The Prt will nt charge mre than thehurly wage fitslwest-paid emplyee capable fsearching fr, lcating, and examining the public recrds in this particular instance, regardless fwhether that persn is availabler wh actually perfrmsthe labr. These cstswill be estimated and charged in 15-minute time increments; ali partial time increments must be runded dwn. Ifthe numberf minutes is less than 15, there is n charge. Hurly Wage Charged: $ Charge per increment: $ OR Hurly Wage with Fringe Benefit Cst: $ ^ Multiply the hurly wage by the percentage multiplier; % {up t 50% fthe hurly wage) and addtthe hurly wage fr a ttal perhur rate. Charge per increment: $ n Overtime rate charged as stipulated by Requestr (vertime is nt used t calculate the fringe benefit cst) T figure the number f increments, take the ni/mber f minutes:, divide by 15-minute increments, and rund dwn. Enter belw: Number f 2. increments Labr Cst FOIA Detailed Cst Itemizatin Frm Page 1

11 3a. Emlvee Labr Cst fr SearatinQ Exemt frm Nn-Exempt (Redactin (Fill this ut if using a Prtempiyee. Ifcntracted, use N. 3b instead). The Prt will nt charge fr labr directly assciated with redactin if itknws r has reasn t knw thatit previusly redacted the recrd in questin and sijil has the redacted versin In its pssessin, This fee is being charged because failure t d s will result in unreasnably high csts t the Prt that are excessive and beynd the nrmal r usual amunt fr thse services cmpared t the Prt's usual FOIA requests, because f the nature f the request Inthis particular Instance, specifically: i This is thecst flabr fa Prt emplyee, including necessary review, directly assciated with separating and deleting exemptfrm nnexempt infrmatin. Thisshall nt be mre than the hurly wage f the Prt's lwestpaid emplyee capable fseparating and deleting exemptfrm nnexempt infrmatin inthis particular instance, regardlessf whether that persn is available r whactually perfrms the labr. These csts will be estimated and chargedin 15-mlnutetime Increments; all partial time increments must be runded dwn, Ifthe number f minutesis less than 15, there is n charge. Hurly Wage Charged: $ OR Hurly Wage with Fringe Benefit Cst: $ Multiply the hurly wage by the percentage mulfpller: {up t 50% fthe hurly wage) and add t the hurly wagefra ttal per hurrate. Charge per Increment: $_ Charge per increment: $. Tfigure the number f increments, take the number f minutes:, divide by 15 -minute increments, and ivund dwn. Enter belw: Number f Increments Overtime rate charged as stipulated by Requestr (vertime isnt used t calculate the fringe benefit cst) 3b. Cntracted Labr Cst fr Searatina Exempt frm Nn-Exemt (Redactin (Fill this ut if using a cntractr, such as the attrney. If using in-huse emplyee, use N. 3a instead.) The Prtwill nt charge frlabrdirecuy assciated with redactin If it knws r has reasn t knw that it previusly redactedthe recrd in questin and still has the redacted versin in its pssessin. I This fee Is beingcharged because failure t d s will result in unreasnably high csts t the Prtthat are excessive and beynd the nrmal r usual amunt fr thse services cmpared t the Prt's usual FOIA requests, because f the nature f the request In this particular instance, specifically: As this Prtdes nt emply a persn capable f separating exemptfrm nn-exempt infrmatin inthis particular instance, as determined by the FOIA Crdinatr, this is thecstflabr fa cntractr(i.e.; utside attrney), including necessary review, directly assciated with separating and deleting exempt infrmatin frm nnexempt infrmatin. Thisshall ntexceed an amuntequal t 6 timesthe state minimum hurly wage rate f {currently $8.15). Name f cntracted persn r firm: These csts will be estimated and charged in 15-mlnute time increments (mustbe 15-minutes r mre); all partial time increments mustbe runded dwn. Ifthenumber f minutes is less than 15, thereis n charge. T figurethe number f increments, take the numberf minutes:, divideby 15-minute increments, and rund dwn t: increments. Enter belw: Number f increments Hurly Cst Charged: $. Charge per increment: $_ FOIA Detailed Cst Itemizatin Frm Page 2

12 Cst: Cpying csts may be charged if a cpy fa pubiic recrd is requested, rfr the necessary cpying fa recrd fr inspectin {fr example, t allw fr blacking utexempt infrmatin, tprtect idrdelicate riginal recrds, r because the riginal recrdis a digital file r database nt available frpublic inspectin). N mre than the actual cst f a sheet f paper, up t maximum 10 cents per sheet fr: Number f Sheets: Letter (8 y2x 11-inch, single and duble-sided):.10 cents per sheet Legal (8 Yi x 14-inch, single and duble-sided):.10 cents per sheet N mre than the actual cst f a sheet f paper fr ther paper sizes: Other paper sizes (single and dubie-sided): cents / dllars per sheet Actual and mst reasnably ecnmical cst f nn-aer physical diaital media: Circle applicable: Disc/Tape/Drive/Other Digital Medium Cst per Item: The cst f paper cpies must be calculated as a ttal cst per sheet f paper.the fee cannt exceed 10 cents per sheet f paper frcpies f public recrds made n 8-1/2-by 11-inch paper r 8-1/2-by 14-inch paper. The Prt must utilize the mst ecnmicalmeans availablefr making cpies f public recrds, includinc usinq duble-sided Drintina, if cst savina and available. 5. Mailing Cst: The Prtwill charge the actual cst fmailing, ifany. fr sendingrecrdsin a reasnably ecnmical and justifiable manner, Delivery cnfirmatin is nt required. The Prt may charge fr the least expensive frm f pstal delivery cnfirmatin. Numb r The Prt cannt charge mre frexpedited shipping r insurance unless specifically requested by the ^, requestr.* ^ Actual Cst f Envelpe r Packaging: $. Errvelpesi Packages: Actual Cst f Pstage: $ _per stamp _ per pund per package Actual Cst (least expensive) Pstal Delivery Cnfirmatin; $_ ^Expedited Shipping r Insurance as Requested: $. *Requestr has requested expedited shipping r insurance FOIA Detailed Cst Itemizatin Frm Page 3

13 Cst fr Recrds Already n Prt's Website: If the public bdy has included thewebsite address fr a recrd in itswritten respnse t the requestr, and the requestr thereafter stipulates that the public recrd be prvided t him r her In a paper frmat r nn-aer physical diaital media, the Prtwill prvide the public recrds in the specified frmat and may chargecpying csts t prvide thse cpies. Nmre than the actual cst f a sheet f paper, up t maximum 10 cents per sheet fr: Number f Sheets: Letter (8 % x 11-inch, single and duble-sided):.10 cents per sheet Legal (8 /a x 14-inch, single and duble-sided):.10 cents per sheet N mre than the actual cst f a sheet f paper fr ther paper sizes: Other papersizes (single and duble-sided); cents / dllars per sheet Actual and mst reasnablv ecnmical cst f nn-paper physical dlqital media; Circle applicable: DiscI Tape I Drive I Other Digital Medium Cst per Item: D Requestr has stipulated thatsme I all fthe requested recrds that arealready available nthe Prt's website be prvided In a paper r nn-paper physical digital medium. 6b. Labr Cst fr Cpying/Duplicating Recrds Already n Prt's Website: Thisshall nt be mrethan the hurly wage fthe Prt's lwest-paid emplyee capable f necessary duplicatin r publicatin in this particular instance, regardless f whether that persn is availabler wh actually perfrms the labr. These csts will be estimated and charged in 15-mlnutetime increments (i.e.: 15- minutes rmre): all partial timeincrements must be runded dwn. Ifthe number f minutes is less than 15, there is n charge. Hurly Wage Charged: $ Charge per increment: $ OR Hurly Wage with Fringe Benefit Cst: $ ^ Multiply the hurly wage by the percentage multiplier: % and add t the hurly wage fr a ttal per hur rate. Charge per increment: $ The Prt may use a fringe benefit multiplier greater than the50% limitatin, ntt exceed the actual csts f prviding the infrmatin in the specified frmat. Overtime rate charged as stipulated by Requestr T figure the number f increments, take the number f minutes:, divide by 15-minute increments, and rund dwn. Enter belw: Number f increments Sc. Maillna Cst fr Recrds Already n Prt's Website: Actual Cst f Envelpe r Packaging; $. Actual Cst f Pstage: $. per stampi per pund I per package Actual Cst (least expensive) Pstal Delivery Cnfirmatin: $_ *Expedited Shipping r Insurance as Requested: $_ *Requestr has requested expedited shipping r insurance FOIA Detailed Cst itemlzatin Frm Page 4

14 Subttal Fees Befre Waivers, Discunts r Depsits: Estimated Time Frame t Prvide Recrds: (days r date) The time frame estimate is nnbinding upn the Prt, but the Prt is prviding the estimate In gdfaith. Prviding an estimated time frame des nt reiieve the Prt frm any f the ther requirements f thisact. Cst estimate 1. Labr Cst fr Cpying: J- Bill 2. Labr Cst t Lcate: ' 3a. Labr Cst t Redact: 3b. Cntract Labr Cst t Redact: 4. Cpying/Duplicatin Cst: $- 5. Mailing Cst: $. 6a. Cpying/Duplicatin frecrds n Website: $. 6b. Labr Cst fr Cpying Recrds n Website: $. 6c. Mailing Csts fr Recrds n Website: $. Subttal Fees; $ Waiver: Public Interest Asearch fr a public recrd may be cnducted r cpies f public recrds maybe furnished withut charge r at a reducedcharge ifthe Prtdetermines that a waiver r reductin fthe fee is inthe public interest because searchingfr r furnishing cpies f the public recrd can be cnsidered as primarily benefiting the general public. n All fees are waived OR D All fees are reduced by: % Subttal Fees After Waiver: Discunt: Indigence A public recrd search must be made and a cpyfa public recrd must be furnished withut charge fr the first $20.00 f the fee fr each request byan individual wh is entitled t infrmatin under this act and wh; 1) Submits an affidavit stating that the individual is indigent and receiving specific public assistance, OR 2) ifntreceiving public assistance, stating factsshwing inability t paythe cst because findigence. ifa requestr is ineligible fr the discunt, the public bdy shall infrm the requestr specifically fthe reasn fr ineligibility inthe public bdy'swritten respnse. An individual is ineligible fr this fee reductin ifany fthe fllwing apply: (!) The Individual has previusly received discunted cpies f public recrds frm the same public bdy twice during that calendar year, OR (ii) The individual requests the infrmatin in cnjunctin with utside partieswhare ffering r prviding payment r ther remuneratin t the individual t make the request. Apublic bdy may require a statement by the requestr in the affidavit that the requestis ntbeing made in cnjunctin with utsidepartiesin exchangefr payment r ther remuneratin, G Eligible fr indigence Discunt Subttal Fees After Discunt (subtract $20): Discunt: Nnprfit Organizatin A public recrd search must be made and a cpyfa public recrd must be furnished withut charge fr the first $20.00 fthe feefr each request by a nnprfit rganizatin frmally designated by the state t carry ut activities under subtitle C fthe federal Develpmental Disabilities Assistance and Bill f Rights Act f2000 and the federal Prtectin andadvcacy fr Individuals with Mental Illness Act, if therequestmeetsall f the fllwing requirements: (1) Is made directly n behalff the rganizatin r its clients. (ii) Is madefr a reasn whlly cnsistentwith the missin and prvisins f thse laws undersectin 931 f the Michigan Mental Health Cde, 1974 PA258, MCL (iii) Isaccmpanied bydcumentatin fits designatin bythe state, ifrequested bythe Prt. Eligible fr Nnprfit Discunt Subttal Fees After Discunt (subtract $20); $. FOIA Detailed Cst Itemizatin Frm Page 5

15 Depsit: Gd Faith The Prt may require a gd-faith depsit in either itsinitial respnsera subsequent respnse befre prvidinq the public recrdst the requestrifthe entire fee estimate r charge authrized under this sectin exceeds $50.00, based n a gd-faith calculatin f the ttal fee. Thedepsit cannt exceed 1/2f the ttal estimated fee. Percent f Depsit: % Date Paid: Depsit Amunt Required: Depsit: Increased Depsit Due t Previus FOIA Fees Nt Paid In Full After a Prt has granted and fulfilled a written request frm an individual under this act, if the Prt has nt been paid infull the ttal amuntffees fr the cpies f public recrdsthat the Prt made available t the individual as a resultf that written request, the Prt may require an increased estimated fee depsit f up t 100% f the estimated fee befre it begins a full public recrd search fr any subsequent written request frm that individual ifall f the fllwing apply: (a) Thefinal feefr the prir written request was nt mre than 105% ftheestimated fee. (b) The public recrdsmade available cntained the infrmatin being sughtin the prir written request and are still in the Prt's pssessin. (c) The public recrdswere made available t the individual, subject t payment, witfiin the best effrt estimated timeframe givenfr the previus request. (d) Ninety (90) days have passed since the Prt ntified the individual inwriting that the public recrds were available fr pickup r mailing. (e) The individual is unable t shw prf f prir paymentt the Prt. (f) The Prt calculates a detailed itemizatin, as required under MCL ,that Is the basis fr the current written request's increased estimated fee depsit. A Prtcan n lnger require an Increased estimated fee depsit frm an individual ifany fthe fllwing apply: (a) The individual is able tshw prff prir paymentinfull t the Prt, OR (b) The Prt is subsequently paid in full fr the applicableprirwritten request, OR (c)three hundred sixty-five (365) days have passed since the individual made the written request fr which full payment was nt remittedt the Prt. Date Paid: Percent Depsit Required: Depsit Required: Late Respnse Labr Csts Reductin If the Prt des nt respnd t a written requestin a timely manner as required under MCL (2), the Prt must d the fllwing: (a) Reduce the charges fr labr csts therwise permitted by5% fr each day the Prt exceeds the time permitted fr a respnse t the request, with a maximum 50% reductin, ifeither fthe fllwing applies: (i) The late respnse was willful and intentinal, OR Number f Days Over Required Respnse Time: Ttal Labr Csts Minus Reductin (ii) The written request included language that cnveyed a request fr infrmatin within the first 250 wrds fthe bdy fa letter, facsimile, electrnic mail, r electrnic mail attachment, r specifically included the wrds, characters, r abbreviatins fr"freedm f infrmatin," "infrmatin," "FOIA," "cpy", r a recgnizable misspelling fsuch, r apprpriate legal cde reference fr this act, n thefrnt fan envelpe, r in the subject line fan electrnic mail, letter, r facsimile cver page. Multiply by 5% = Reduced = Ttal Percent Ttal Labr Reductin: Csts The Public Summary fthe Prt's FOIA Prcedures and Guidelines is available free fcharge frm: Website: mail@prtfmnre.cm Phne: Address: 2929 East Frnt Street, P.O. Bx585, Mnre, Ml Request Will Be Prcessed, But Balance Must Be Paid Befre Cpies May Be Picked Up, Delivered r Mailed Date Paid: Ttal Balance Due; FOIA Detailed Cst Itemizatin Frm Page 6

16 Prt: Keep riginal and PORT OF MONROE Denial Frm prvide cpyf bthsides, alng with Public Summary, t requestrat ncharge. Ntice f Denial f FOIA Request Michigan Freedm f Infrmatin Act, Public Act 442 f1976, MCL , etseq. Request N.: Date Received: Check if received via: Fax Other Electrnic Methd Date fthis Ntice: Date delivered tjunk/spam flder: (Please Print rtype) Date discvered in junk/spam flder: Request fr: Cpy Certified cpy Recrd inspectin Subscriptin t recrd issued n regular basis Name Phne Firm/Organizatin Street ~~~ City State Zip Delivery Methd: Will pick up Will make wn cpies nsite Mail t address abve taddress abve n Deliver n digital media prvided bythe Prt: Recrd(s) Yu Requested: (Listed here rsee attached cpy friginal request) Fax All OR Partfyur request fr recrds has been denied. Please refer t this frm fr an explanatin. If yu have any questins regarding thisdenial, cntact at Reasn fr Denial: 1. Exempt frm Disclsure: This item is exempt frm disclsure under FOIA Sectin 13, Subsectin (insert number), because: 2. Recrd Des Nt Exist: Thisitem des nt exist underthe name prvided in yurrequest r by anther name reasnably knwn t the Prt. Acertificate that the public recrd des ntexist underthe name given is attached. If yu believe this recrd des exist, prvide a descriptin that will enable us t lcatethe recrd: 3. Redactin: Aprtin fthe requested recrd had t be separatedr deleted (redacted) as itis exempt under FOIA Sectin 13, Subsectin (insert number), because: A brief descriptin fthe infrmatin that had t be separated r deleted: Ntice f Requestr's Right t Seek Judicial Review Yu are entitled undersectin 10 f the Michigan Freedm f Infrmatin Act, MCL , t appeal this denial t the Prtbardr t cmmence an actin in the Circuit Curt t cmpel disclsure f the requested recrds ifyu believe they were wrngfully withheld frm disclsure. If, after judicial review, the curt determines that the Prt has nt cmplied with MCL in making this denial and rders disclsure f all r a prtin f a public recrd, yu have the right t receive attrneys' fees and damages as prvided in MCL (See back f this frm fradditinal infrmatin n yurrights.) Signaturef FOIA Crdinatr: Date:

17 FREEDOM OF INFORMATION ACT (EXCERPT) Act 442 f a.added Feein excess f amuntpermitted underprcedures and guidelines r MCL Sec. 10a. (1) if a public bdy requires afee that exceeds the amunt permitted under its publicly available prcedures and guidelines r sectin 4, the requesting persn may danyfthefllwing: (a) If the public bdy prvides fr fee appeals t the head f the public bdy in its publicly available prcedures and guidelines, submit t the head f the public bdy a written appeal fr a fee reductin that specifically states the wrd "appeal" and identifies hw the required fee exceeds the amunt permitted under the public bdy's available prcedures and guidelines rsectin 4. (b) Cmmence a civil actin in the circuit curt, r if the decisin f a state public bdy is atissue, in the curt f claims, fr afee reductin. The actin must be filed within 45 days after receiving the ntice f the required fee r a determinatin f an appeal t the head f a public bdy. If a civil actin is cmmenced against the public bdy under this subdivisin, the public bdy Is nt bligated tcmplete the prcessing fthe written request fr the public recrd atissue until the curt reslves the fee dispute. An actin shall nt befiled under this subdivisin unless 1f the fllwing applies: (1) The public bdy desnt prvide fr appeals under subdivisin (a). (ii) The head fthepublic bdy failed t respnd ta written appeal as required under subsectin (2). (iii) The head fthepublic bdy issued a determinatin ta written appeal as required under subsectin (2). (2) Within 10business days after receiving a written appeal under subsectin (1)(a), thehead fa public bdy shall d1 fthe fllwing: (a) Waive the fee. (b) Reduce the feeand issue a written determinatin tthe requesting persn Indicating thespecific basis under sectin 4 that supprts the remaining fee. The determinatin shall include a certificatin frm thehead fthe public bdy that thestatements in thedeterminatin areaccurate and thatthe reduced feeamunt cmplies with its publicly available prcedures andguidelines and sectin 4. (c) Uphld thefeeand issue a written determinatin t therequesting persn indicating thespecific basis under sectin 4 that supprts therequired fee. Thedeterminatin shall include a certificatin frm the head fthe public bdy thatthe statements in thedeterminatin are accurate and thatthe fee amunt cmplies with the public bdy's publicly available prcedures and guidelines and sectin 4. (d) Issue a ntice extending fr ntmre than 10 business days the perid during which the head fthe public bdy must respnd t thewritten appeal. The ntice fextensin shall Include a detailed reasn r reasnswhy theextensin is necessary. Thehead fa public bdy shall ntissue mrethan 1 ntice fextensin fra particular written appeal. (3) Abard rcmmissin thatis the head fa public bdy is ntcnsidered t havereceived a written appeal under subsectin (2) until thefirst regularly scheduled meeting fthat bard r cmmissin fllwing submissin fthe written appeal undersubsectin (1)(a). (4) In an actin cmmenced undersubsectin (1)(b), a curtthat determines the public bdy required a fee thatexceeds the amunt permitted under its publicly available prcedures and guidelines r sectin 4 shall reducethe fee t a permissible amunt. Venue fran actin againsta lcal public bdy is prper inthe circuit curtfr the cunty inwhich the public recrd r an ffice fthe public bdyis lcated. Thecurtshall determine the matter de nv, and the burden is n the public bdy t establish thatthe required fee cmplies with its publicly available prcedures and guidelines and sectin 4. Failure t cmply with an rderf the curtmaybe punished as cntempt fcurt. (5) An actin cmmenced underthissectinand an appeal frm an actin cmmenced under thissectinshall be assigned frhearing and trial r fr argument at the earliest practicable date and expedited inevery way. (6) Ifthe requesting persn prevails in an actin cmmenced underthissectin byreceiving a reductin f 50%r mref the ttal fee, the curt may, in itsdiscretin, award all r an apprpriate prtin f reasnable attmeys' fees, csts, and disbursements. The award shall be assessed against the public bdy liable frdamages under subsectin(7). (7) If thecurt determines in an actin cmmenced under this sectin thatthe public bdy has arbitrarily andcapriciusly vilated this act by charging an excessive fee, the curtshall rderthe public bdy t paya civil fine f$500.00, which shall be depsited In the general fund fthe state treasury. Thecurt mayals award, in additin t any actual r cmpensatry damages, punitive damages inthe amunt f$ t the persn seeking thefee reductin. The fine and anydamages shall ntbe assessed against an individual, butshall be assessed against thenext succeeding public bdy that is nt an individual and that keptr maintained the public recrd as part f its public functin. (8) Asused in this sectin, "fee" meansthe ttal fee r anycmpnent fthe ttal fee calculated under sectin 4, including anydepsit. Histry: Add. 2014, Act 563, Eff. July 1,2015

18 FREEDOM OF INFORMATION ACT (EXCERPT) Act 442 f amended Optins by requesting persn; appeai; actins by public bdy; receipt f written appeal; judicial review; civil actin; venue; de nv prceeding; burden f prf; private view fpublic recrd; cntempt; assignment factin rappeal fr hearing, trial, rargument; attrneys' fees, csts, and disbursements; assessment faward; damages. Sec. 10. (1) If a public bdy makes afinal determinatin t deny all r a prtin f a request, the requesting persn may d 1f the fllwing at his r her ptin: (a) Submit t the head f the public bdy a written appeal that specifically states the wrd "appeal" and identifies the reasn r reasns fr reversal f the denial. (b) Cmmence a civil actin in the circuit curt, rif the decisin f a state public bdy is atissue, the curt f claims, t cmpel the public bdy's disclsure f the public recrds within 180 days after a public bdy's final determinatin t deny a request. (2) Within 10 business days after receiving a written appeal pursuant t subsectin (1)(a), the head f a public bdy shall d 1f the fllwing: (a) Reverse the disclsure denial. (b) Issue a written ntice tthe requesting persn uphlding thedisclsure denial. (c) Reverse the disclsure denial in part and issue a written ntice t the requesting persn uphlding the disclsure denial in part. (d) Under unusual circumstances, issue a ntice extending fr nt mre than 10 business days the perid during which the head fthe public bdy shall respnd tthe written appeal. The head fa public bdy shall nt issue mre than 1 ntice f extensin fr a particular written appeal. (3) Abard rcmmissin that is the head fa public bdy isnt cnsidered t have received a written appeal under subsectin (2) until thefirst regularly scheduled meeting fthatbard rcmmissin fllwing submissin fthe written appeal under subsectin (1 )(a). If thehead fthe public bdy fails t respnd ta written appeal pursuant tsubsectin (2), rif the head fthepublic bdy uphlds all ra prtin fthedisclsure denial thatisthesubject fthewritten appeal, the requesting persn may seekjudicial review fthe nndisclsure by cmmencing a civil actin under subsectin (1)(b). (4) In an actin cmmenced under subsectin (1)(b), a curt thatdetermines a public recrd is nt exempt frm disclsure shall rder the public bdy t ceasewithhlding rt prduce all ra prtin fa public recrd wrngfully withheld, regardless fthe lcatin f the public recrd. Venue fr an actin against a lcal public bdy is prper in the circuit curt fr the cunty in which the public recrd r an ffice fthe public bdy is lcated has venueverthe actin. Thecurt shall determine the matter de nv and the burden is n the public bdy t sustain itsdenial. Thecurt, n itswn mtin, may view the public recrd in cntrversy in private befre reaching a decisin. Failure t cmply with an rderf the curtmaybe punished as cntempt fcurt. (5) An actin cmmenced underthissectin and an appeal frm an actin cmmenced underthis sectin shall be assignedfr hearing and trial r fr argument at the earliestpracticable date and expedited ineveryway. (6) If a persnasserting the right t inspect, cpy,r receive a cpyf all r a prtin f a public recrd prevails inan actin cmmenced underthissectin, the curtshallaward reasnable attmeys' fees, csts, and disbursements. If the persnr public bdy prevails in part, the curt may, in itsdiscretin, award all r an apprpriate prtin f reasnableattrneys' fees, csts, and disbursements. The award shall be assessed against the public bdyliable frdamages under subsectin (7). (7) If the curtdetermines in an actin cmmencedunder thissectinthat the public bdy has arbitrarily and capriciusly vilated this act byrefusal r delay indisclsing r prviding cpies f a public recrd, the curtshallrderthe public bdy t paya civil fine f $1,000.00, which shall be depsited int the general fund fthe state treasury. Thecurt shall award, in additin t anyactual r cmpensatry damages, punitive damages in the amunt f$1, tthe persn seeking the right t inspect r receive a cpy fa public recrd. Thedamages shallnt be assessed againstan individual, butshall be assessed againstthe nextsucceeding public bdy that is nt an individual and that keptr maintained the public recrd as partf its public functin. Histry: 1976, Act 442, Eff. Apr. 13,1977Am. 1978, Act 329, Imd. Eff. July 11,1978Am. 1996,Act 553, Eff. Mar. 31,1997 Am. 2014, Act 563, Eff. July 1,2015

19 Prt: Keep riginal and prvidecpyf bth sides, alng with Public Summary, t requestrat n charge. PORT OF MONROE FOIA Appeal Frm T Appeal a Denial f Recrds Michigan Freedm f infrmatin Act, Public Act 442 f1976, MCL , efseg. Request N.: Date Received: Check if received via: Fax Other Electrnic Methd Date fthis Ntice: Date delivered t junk/spam flder: (Please Print rtype) Date discvered in junk/spam flder: Request fr: Cpy Certified cpy Recrd inspectin Subscriptin t recrd issued n regular basis Delivery Methd: Wili pick up Will make wn cpies nsite Mail t address abve t address abve Name Firm/Organizatin Phne Fax Street City State Zip n Deliver n digital media prvided bythe Prt: Recrd(s) Yu Requested: (Listed herer see attached cpy friginal request) Reasn(s) fr Appeal: Theappeal must identify the reasn(s) fr the denial. Yu may use thisfrm r attach additinal sheets: Requestr's Signature: Date: Prt Respnse: The Prtmustprvide a respnse within 10 business days after receiving this appeal, including a determinatin r taking ne 10-day extensin. Prt Extensin: We are extending the date t respnd t yurfoia fee appealfr n mre than 10 business days, until {mnth, day,yeai). Only ne extensinmay be taken per FOIA appeal. Unusual circumstances warranting extensin: Ifyu haveanyquestins regarding this extensin, cntact: Prt Determinatin: Denial Reversed Denial Upheld Denial Reversed in Part and Upheld in Part The fllwing previusly denied recrdswill be released: Ntice f Requestr's Right t Seek Judicial Review Yu are entitled undersectin 10 f the Michigan Freedm f Infrmatin Act, MCL , t appeal thisdenial t the Prtbard r t cmmence an actin in the Circuit Curt t cmpel disclsure f the requested recrds ifyu believe they were wrngfully withheld frm disclsure. If, after judicial review, the curt determines that the Prt has nt cmplied with MCL in making this denial and rders disclsure f all r a prtin f a public recrd, yu have the right t receive attrneys' fees and damages as prvided in MCL (See backf this frm fr additinal infrmatin nyurrights.) Signature ffoia Crdinatr: Date:

20 FREEDOM OF INFORMATION ACT (EXCERPT) Act 442 f amended Optins by requesting persn; appeal; actins by public bdy; receipt f written appeal; judicial review; civil actin; venue; de nv prceeding; burden f prf; private view f public recrd; cntempt; assignment f actin rappeal fr hearing, trial, rargument; attrneys' fees, csts, and disbursements; assessment faward; damages. Sec. 10. (1) If a public bdy makes afinal determinatin t deny all r a prtin f a request, the requesting persn may d 1f the fllwing at his r herptin: (a) Submit t the head f the public bdy a written appeal that specifically states the wrd "appeal" and identifies the reasn r reasns fr reversal f the denial. (b) Cmmence a civil actin in the circuit curt, r if the decisin f a state public bdy is atissue, the curt f claims, t cmpel the public bdy's disclsure f the public recrds within 180 days after a public bdy's final determinatin t deny a request. (2) Within 10 business days after receiving a written appeal pursuant t subsectin (1)(a), the head fa public bdy shall d 1f the fllwing: (a) Reverse the disclsure denial. (b) Issue a written ntice tthe requesting persn uphlding thedisclsure denial. (c) Reverse the disclsure denial in part and issue a written ntice t the requesting persn uphlding the disclsure denial in part. (d) Under unusual circumstances, issue a ntice extending fr nt mre than 10business days the perid during which the head fthe public bdy shall respnd t the written appeal. The head fa public bdy shall nt issuemre than 1 ntice f extensin fra particular written appeal. (3) Abard rcmmissin that isthe head fa public bdy isnt cnsidered t have received a written appeal under subsectin (2) until thefirst regularly scheduled meeting fthatbard rcmmissin fllwing submissin fthe written appeal under subsectin (1)(a). If thehead fthe public bdy fails t respnd ta written appeal pursuant tsubsectin (2), rif the head fthe public bdy uphlds all ra prtin fthedisclsure denial that isthesubject fthewritten appeal, the requesting persn may seekjudicial review fthe nndisclsure by cmmencing a civil actin under subsectin (1)(b). (4) In an actin cmmenced under subsectin (1)(b), a curt thatdetermines a public recrd is nt exempt frm disclsure shall rder the public bdy tcease withhlding r t prduce all r a prtin fa public recrd wrngfully withheld, regardless fthe lcatin f the public recrd. Venue fr an actin against a lcal public bdy is prper in thecircuit curt fr thecunty in which the public recrd r an ffice fthe public bdy is lcated has venueverthe actin. Thecurt shall determine the matter de nv and the burden is n the public bdy t sustain itsdenial. Thecurt, n itswn mtin, may view the public recrd incntrversy in private befre reaching a decisin. Failure t cmply with an rderfthe curt may be punished as cntempt fcurt. (5)An actin cmmenced underthissectin and an appeal frm an actin cmmenced underthis sectin shall be assignedfr hearing and trial r frargument at the earliestpracticable date and expedited ineveryway. (6) If a persn asserting the right t inspect, cpy,r receivea cpyf allr a prtin f a public recrd prevails inan actin cmmenced underthissectin, the curtshallaward reasnable attrneys' fees, csts, and disbursements. If the persn r public bdy prevails in part, the curtmay, in its discretin, award allr an apprpriate prtin f reasnable attrneys' fees, csts, and disbursements. Theaward shall be assessed againstthe public bdy liable frdamages undersubsectin (7). (7) If the curt determines in an actin cmmenced underthis sectin thatthe public bdy has arbitrarily and capriciusly vilated this act by refusal r delay indisclsing r prviding cpies fa public recrd, the curtshall rderthe public bdy t paya civil fine f $1,000.00, which shall be depsited int the general fund fthe state treasury. Thecurt shall award, in additin t anyactual r cmpensatry damages, punitive damages in the amunt f$1, t the persn seeking the right t inspect r receive a cpy fa public recrd. Thedamages shall nt be assessed againstan individual, butshall be assessed againstthe nextsucceeding public bdy that is ntan individual and that keptr maintained the public recrd as partf its public functin. Histry: 1976, Act 442, Eff. Apr. 13,1977Am. 1978, Act 329, Imd. Eff. July 11,1978Am. 1996, Act 553, Eff. Mar. 31,1997 ;~ Am. 2014, Act563, Eff. July 1,2015.