FREEDOM OF INFORMATION ACT
Act 442 of 1976
AN ACT to provide for public access to certain public records of public bodies;
to permit certain fees; to prescribe the powers and duties of certain public
officers and public bodies; to provide remedies and penalties; and to repeal
certain acts and parts of acts.
History: 1976, Act 442, Eff. Apr. 13, 1977
Popular Name: Act 442
Popular Name: FOIA
© 2007 Legislative Council, State of Michigan
The People of the State of Michigan enact:
15.231 Short title; public policy.
Sec. 1.
(1) This act shall be known and may be cited as the “freedom of information act”.
(2) It is the public policy of this state that all persons, except those persons
incarcerated in state or local correctional facilities, 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 public employees, consistent
with this act. The people shall be informed so that they may fully participate
in the democratic process.
History: 1976, Act 442, Eff. Apr. 13, 1977 ;-- Am. 1994, Act 131, Imd. Eff. May
19, 1994 ;-- Am. 1996, Act 553, Eff. Mar. 31, 1997 ;-- Am. 1997, Act 6, Imd. Eff.
May 16, 1997
Popular Name: Act 442
Popular Name: FOIA
© 2007 Legislative Council, State of Michigan
15.232 Definitions.
Sec. 2.
As used in this act:
(a) “Field name” means the label or identification of an element of a computer
data base that contains a specific item of information, and includes but is not
limited to a subject heading such as a column header, data dictionary, or record
layout.
(b) “FOIA coordinator” means either of the following:
(i) An individual who is a public body.
(ii) An individual designated by a public body in accordance with section 6 to
accept and process requests for public records under this act.
(c) “Person” means an individual, corporation, limited liability company,
partnership, firm, organization, association, governmental entity, or other
legal entity. Person does not include an individual serving a sentence of
imprisonment in a state or county correctional facility in this state or any
other state, or in a federal correctional facility.
(d) “Public body” means any of the following:
(i) A state officer, employee, agency, department, division, bureau, board,
commission, council, authority, or other body in the executive branch of the
state government, but does not include the governor or lieutenant governor, the
executive office of the governor or lieutenant governor, or employees thereof.
(ii) An agency, board, commission, or council in the legislative branch of the
state government.
(iii) A county, city, township, village, intercounty, intercity, or regional
governing body, council, school district, special district, or municipal
corporation, or a board, department, commission, council, or agency thereof.
(iv) Any other body which is created by state or local authority or which is
primarily funded by or through state or local authority.
(v) The judiciary, including the office of the county clerk and employees
thereof when acting in the capacity of clerk to the circuit court, is not
included in the definition of public body.
(e) “Public record” means a writing prepared, owned, used, in the possession of,
or retained by a public body in the performance of an official function, from
the time it is created. Public record does not include computer software. This
act separates public records into the following 2 classes:
(i) Those that are exempt from disclosure under section 13.
(ii) All public records that are not exempt from disclosure under section 13 and
which are subject to disclosure under this act.
(f) “Software” means a set of statements or instructions that when incorporated
in a machine usable medium is capable of causing a machine or device having
information processing capabilities to indicate, perform, or achieve a
particular function, task, or result. Software does not include computer-stored
information or data, or a field name if disclosure of that field name does not
violate a software license.
(g) “Unusual circumstances” means any 1 or a combination of the following, but
only to the extent necessary for the proper processing of a request:
(i) The need to search for, collect, or appropriately examine or review a
voluminous amount of separate and distinct public records pursuant to a single
request.
(ii) The need to collect the requested public records from numerous field
offices, facilities, or other establishments which are located apart from the
particular office receiving or processing the request.
(h) “Writing” means handwriting, typewriting, printing, photostating,
photographing, photocopying, and every other means of recording, and includes
letters, words, pictures, sounds, or symbols, or combinations thereof, and
papers, maps, magnetic or paper tapes, photographic films or prints, microfilm,
microfiche, magnetic or punched cards, discs, drums, or other means of recording
or retaining meaningful content.
(i) “Written request” means a writing that asks for information, and includes a
writing transmitted by facsimile, electronic mail, or other electronic means.
History: 1976, Act 442, Eff. Apr. 13, 1977 ;-- Am. 1994, Act 131, Imd. Eff. May
19, 1994 ;-- Am. 1996, Act 553, Eff. Mar. 31, 1997
Popular Name: Act 442
Popular Name: FOIA
© 2007 Legislative Council, State of Michigan
15.233 Public records; right to inspect, copy, or receive; subscriptions;
forwarding requests; file; inspection and examination; memoranda or abstracts;
rules; compilation, summary, or report of information; creation of new public
record; certified copies.
Sec. 3.
(1) Except as expressly provided in section 13, upon providing a public body's
FOIA coordinator with a written request that describes a public record
sufficiently to enable the public body to find the public record, a person has a
right to inspect, copy, or receive copies of the requested public record of the
public body. A person has a right to subscribe to future issuances of public
records that are created, issued, or disseminated on a regular basis. A
subscription shall be valid for up to 6 months, at the request of the subscriber,
and shall be renewable. An employee of a public body who receives a request for
a public record shall promptly forward that request to the freedom of
information act coordinator.
(2) A freedom of information act coordinator shall keep a copy of all written
requests for public records on file for no less than 1 year.
(3) A public body shall furnish a requesting person a reasonable opportunity for
inspection and examination of its public records, and shall furnish reasonable
facilities for making memoranda or abstracts from its public records during the
usual business hours. A public body may make reasonable rules necessary to
protect its public records and to prevent excessive and unreasonable
interference with the discharge of its functions. A public body shall protect
public records from loss, unauthorized alteration, mutilation, or destruction.
(4) This act does not require a public body to make a compilation, summary, or
report of information, except as required in section 11.
(5) This act does not require a public body to create a new public record,
except as required in section 11, and to the extent required by this act for the
furnishing of copies, or edited copies pursuant to section 14(1), of an already
existing public record.
(6) The custodian of a public record shall, upon written request, furnish a
requesting person a certified copy of a public record.
History: 1976, Act 442, Eff. Apr. 13, 1977 ;-- Am. 1996, Act 553, Eff. Mar. 31,
1997
Popular Name: Act 442
Popular Name: FOIA
© 2007 Legislative Council, State of Michigan
15.234 Fee; waiver or reduction; affidavit; deposit; calculation of costs;
limitation; provisions inapplicable to certain public records.
Sec. 4.
(1) A public body may charge a fee for a public record search, the necessary
copying of a public record for inspection, or for providing a copy of a public
record. Subject to subsections (3) and (4), the fee shall be limited to actual
mailing costs, and to the actual incremental cost of duplication or publication
including labor, the cost of search, examination, review, and the deletion and
separation of exempt from nonexempt information as provided in section 14. A
search for a public record may be conducted or copies of public records may be
furnished without charge or at a reduced charge if the public body determines
that a waiver or reduction of the fee is in the public interest because
searching for or furnishing copies of the public record can be considered as
primarily benefiting the general public. A public record search shall be made
and a copy of a public record shall be furnished without charge for the first $20.00
of the fee for each request to an individual who is entitled to information
under this act and who submits an affidavit stating that the individual is then
receiving public assistance or, if not receiving public assistance, stating
facts showing inability to pay the cost because of indigency.
(2) A public body may require at the time a request is made a good faith deposit
from the person requesting the public record or series of public records, if the
fee authorized under this section exceeds $50.00. The deposit shall not exceed 1/2
of the total fee.
(3) In calculating the cost of labor incurred in duplication and mailing and the
cost of examination, review, separation, and deletion under subsection (1), a
public body may not charge more than the hourly wage of the lowest paid public
body employee capable of retrieving the information necessary to comply with a
request under this act. Fees shall be uniform and not dependent upon the
identity of the requesting person. A public body shall utilize the most
economical means available for making copies of public records. A fee shall not
be charged for the cost of search, examination, review, and the deletion and
separation of exempt from nonexempt information as provided in section 14 unless
failure to charge a fee would result in unreasonably high costs to the public
body because of the nature of the request in the particular instance, and the
public body specifically identifies the nature of these unreasonably high costs.
A public body shall establish and publish procedures and guidelines to implement
this subsection.
(4) This section does not apply to public records prepared under an act or
statute specifically authorizing the sale of those public records to the public,
or if the amount of the fee for providing a copy of the public record is
otherwise specifically provided by an act or statute.
History: 1976, Act 442, Eff. Apr. 13, 1977 ;-- Am. 1988, Act 99, Imd. Eff. Apr.
11, 1988 ;-- Am. 1996, Act 553, Eff. Mar. 31, 1997
Constitutionality: The disclosure of public records under the freedom of
information act impartially to the general public for the incremental cost of
creating the record is not a granting of credit by the state in aid of private
persons and does not justify nondisclosure on the theory that the information is
proprietary information belonging to a public body. Kestenbaum v. Michigan State
University, 414 Mich. 510, 417 N.W.2d 1102 (1982).
Popular Name: Act 442
Popular Name: FOIA
© 2007 Legislative Council, State of Michigan
15.235 Request to inspect or receive copy of public record; response to request;
failure to respond; damages; contents of notice denying request; signing notice
of denial; notice extending period of response; action by requesting person.
Sec. 5.
(1) Except as provided in section 3, a person desiring to inspect or receive a
copy of a public record shall make a written request for the public record to
the FOIA coordinator of a public body. A written request made by facsimile,
electronic mail, or other electronic transmission is not received by a public
body's FOIA coordinator until 1 business day after the electronic transmission
is made.
(2) Unless otherwise agreed to in writing by the person making the request, a
public body shall respond to a request for a public record within 5 business
days after the public body receives the request by doing 1 of the following:
(a) Granting the request.
(b) Issuing a written notice to the requesting person denying the request.
(c) Granting the request in part and issuing a written notice to the requesting
person denying the request in part.
(d) Issuing a notice extending for not more than 10 business days the period
during which the public body shall respond to the request. A public body shall
not issue more than 1 notice of extension for a particular request.
(3) Failure to respond to a request pursuant to subsection (2) constitutes a
public body's final determination to deny the request. In a circuit court action
to compel a public body's disclosure of a public record under section 10, the
circuit court shall assess damages against the public body pursuant to section
10(8) if the circuit court has done both of the following:
(a) Determined that the public body has not complied with subsection (2).
(b) Ordered the public body to disclose or provide copies of all or a portion of
the public record.
(4) A written notice denying a request for a public record in whole or in part
is a public body's final determination to deny the request or portion of that
request. The written notice shall contain:
(a) An explanation of the basis under this act or other statute for the
determination that the public record, or portion of that public record, is
exempt from disclosure, if that is the reason for denying all or a portion of
the request.
(b) A certificate that the public record does not exist under the name given by
the requester or by another name reasonably known to the public body, if that is
the reason for denying the request or a portion of the request.
(c) A description of a public record or information on a public record that is
separated or deleted pursuant to section 14, if a separation or deletion is made.
(d) A full explanation of the requesting person's right to do either of the
following:
(i) Submit to the head of the public body a written appeal that specifically
states the word “appeal” and identifies the reason or reasons for reversal of
the disclosure denial.
(ii) Seek judicial review of the denial under section 10.
(e) Notice of the right to receive attorneys' fees and damages as provided in
section 10 if, after judicial review, the circuit court determines that the
public body has not complied with this section and orders disclosure of all or a
portion of a public record.
(5) The individual designated in section 6 as responsible for the denial of the
request shall sign the written notice of denial.
(6) If a public body issues a notice extending the period for a response to the
request, the notice shall specify the reasons for the extension and the date by
which the public body will do 1 of the following:
(a) Grant the request.
(b) Issue a written notice to the requesting person denying the request.
(c) Grant the request in part and issue a written notice to the requesting
person denying the request in part.
(7) If a public body makes a final determination to deny in whole or in part a
request to inspect or receive a copy of a public record or portion of that
public record, the requesting person may do either of the following:
(a) Appeal the denial to the head of the public body pursuant to section 10.
(b) Commence an action in circuit court, pursuant to section 10.
History: 1976, Act 442, Eff. Apr. 13, 1977 ;-- Am. 1978, Act 329, Imd. Eff. July
11, 1978 ;-- Am. 1996, Act 553, Eff. Mar. 31, 1997
Compiler's Notes: In subsection (3), the reference to “section 10(8)” evidently
should be a reference to “ section 10(7).”
Popular Name: Act 442
Popular Name: FOIA
© 2007 Legislative Council, State of Michigan
15.236 FOIA coordinator.
Sec. 6.
(1) A public body that is a city, village, township, county, or state department,
or under the control of a city, village, township, county, or state department,
shall designate an individual as the public body's FOIA coordinator. The FOIA
coordinator shall be responsible for accepting and processing requests for the
public body's public records under this act and shall be responsible for
approving a denial under section 5(4) and (5). In a county not having an
executive form of government, the chairperson of the county board of
commissioners is designated the FOIA coordinator for that county.
(2) For all other public bodies, the chief administrative officer of the
respective public body is designated the public body's FOIA coordinator.
(3) An FOIA coordinator may designate another individual to act on his or her
behalf in accepting and processing requests for the public body's public records,
and in approving a denial under section 5(4) and (5).
History: 1976, Act 442, Eff. Apr. 13, 1977 ;-- Am. 1996, Act 553, Eff. Mar. 31,
1997
Popular Name: Act 442
Popular Name: FOIA
© 2007 Legislative Council, State of Michigan
15.240 Options by requesting person; appeal; orders; venue; de novo proceeding;
burden of proof; private view of public record; contempt; assignment of action
or appeal for hearing, trial, or argument; attorneys' fees, costs, and
disbursements; assessment of award; damages.
Sec. 10.
(1) If a public body makes a final determination to deny all or a portion of a
request, the requesting person may do 1 of the following at his or her option:
(a) Submit to the head of the public body a written appeal that specifically
states the word “appeal” and identifies the reason or reasons for reversal of
the denial.
(b) Commence an action in the circuit court to compel the public body's
disclosure of the public records within 180 days after a public body's final
determination to deny a request.
(2) Within 10 days after receiving a written appeal pursuant to subsection (1)(a),
the head of a public body shall do 1 of the following:
(a) Reverse the disclosure denial.
(b) Issue a written notice to the requesting person upholding the disclosure
denial.
(c) Reverse the disclosure denial in part and issue a written notice to the
requesting person upholding the disclosure denial in part.
(d) Under unusual circumstances, issue a notice extending for not more than 10
business days the period during which the head of the public body shall respond
to the written appeal. The head of a public body shall not issue more than 1
notice of extension for a particular written appeal.
(3) A board or commission that is the head of a public body is not considered to
have received a written appeal under subsection (2) until the first regularly
scheduled meeting of that board or commission following submission of the
written appeal under subsection (1)(a). If the head of the public body fails to
respond to a written appeal pursuant to subsection (2), or if the head of the
public body 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 an action in circuit court under subsection (1)(b).
(4) In an action commenced under subsection (1)(b), a court that determines a
public record is not exempt from disclosure shall order the public body to cease
withholding or to produce all or a portion of a public record wrongfully
withheld, regardless of the location of the public record. The circuit court for
the county in which the complainant resides or has his or her principal place of
business, or the circuit court for the county in which the public record or an
office of the public body is located has venue over the action. The court shall
determine the matter de novo and the burden is on the public body to sustain its
denial. The court, on its own motion, may view the public record in controversy
in private before reaching a decision. Failure to comply with an order of the
court may be punished as contempt of court.
(5) An action commenced under this section and an appeal from an action
commenced under this section shall be assigned for hearing and trial or for
argument at the earliest practicable date and expedited in every way.
(6) If a person asserting the right to inspect, copy, or receive a copy of all
or a portion of a public record prevails in an action commenced under this
section, the court shall award reasonable attorneys' fees, costs, and
disbursements. If the person or public body prevails in part, 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 under subsection (7).
(7) If the circuit court determines in an action commenced under this section
that the public body has arbitrarily and capriciously violated this act by
refusal or delay in disclosing or providing copies of a public record, the court
shall award, in addition to any actual or compensatory damages, punitive damages
in the amount of $500.00 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.
History: 1976, Act 442, Eff. Apr. 13, 1977 ;-- Am. 1978, Act 329, Imd. Eff. July
11, 1978 ;-- Am. 1996, Act 553, Eff. Mar. 31, 1997
Popular Name: Act 442
Popular Name: FOIA
© 2007 Legislative Council, State of Michigan
15.241 Matters required to be published and made available by state agencies;
form of publications; effect on person of matter not published and made
available; exception; action to compel compliance by state agency; order;
attorneys' fees, costs, and disbursements; jurisdiction; definitions.
Sec. 11.
(1) A state agency shall publish and make available to the public all of the
following:
(a) Final orders or decisions in contested cases and the records on which they
were made.
(b) Promulgated rules.
(c) Other written statements which implement or interpret laws, rules, or policy,
including but not limited to guidelines, manuals, and forms with instructions,
adopted or used by the agency in the discharge of its functions.
(2) Publications may be in pamphlet, loose-leaf, or other appropriate form in
printed, mimeographed, or other written matter.
(3) Except to the extent that a person has actual and timely notice of the terms
thereof, a person shall not in any manner be required to resort to, or be
adversely affected by, a matter required to be published and made available, if
the matter is not so published and made available.
(4) This section does not apply to public records which are exempt from
disclosure under section 13.
(5) A person may commence an action in the circuit court to compel a state
agency to comply with this section. If the court determines that the state
agency has failed to comply, the court shall order the state agency to comply
and shall award reasonable attorneys' fees, costs, and disbursements to the
person commencing the action. The circuit court for the county in which the
state agency is located shall have jurisdiction to issue the order.
(6) As used in this section, “state agency”, “contested case”, and “rules” shall
have the same meanings as ascribed to those terms in Act No. 306 of the Public
Acts of 1969, as amended, being sections 24.201 to 24.315 of the Michigan
Compiled Laws.
History: 1976, Act 442, Eff. Apr. 13, 1977
Popular Name: Act 442
Popular Name: FOIA
© 2007 Legislative Council, State of Michigan
15.243 Exemptions from disclosure; public body as school district or public
school academy; withholding of information required by law or in possession of
executive office.
Sec. 13.
(1) A public body may exempt from disclosure as a public record under this act
any of the following:
(a) Information of a personal nature if public disclosure of the information
would constitute a clearly unwarranted invasion of an individual's privacy.
(b) Investigating records compiled for law enforcement purposes, but only to the
extent that disclosure as a public record would do any of the following:
(i) Interfere with law enforcement proceedings.
(ii) Deprive a person of the right to a fair trial or impartial administrative
adjudication.
(iii) Constitute an unwarranted invasion of personal privacy.
(iv) Disclose the identity of a confidential source, or if the record is
compiled by a law enforcement agency in the course of a criminal investigation,
disclose confidential information furnished only by a confidential source.
(v) Disclose law enforcement investigative techniques or procedures.
(vi) Endanger the life or physical safety of law enforcement personnel.
(c) A public record that if disclosed would prejudice a public body's ability to
maintain the physical security of custodial or penal institutions occupied by
persons arrested or convicted of a crime or admitted because of a mental
disability, unless the public interest in disclosure under this act outweighs
the public interest in nondisclosure.
(d) Records or information specifically described and exempted from disclosure
by statute.
(e) A public record or information described in this section that is furnished
by the public body originally compiling, preparing, or receiving the record or
information to a public officer or public body in connection with the
performance of the duties of that public officer or public body, if the
considerations originally giving rise to the exempt nature of the public record
remain applicable.
(f) Trade secrets or commercial or financial information voluntarily provided to
an agency for use in developing governmental policy if:
(i) The information is submitted upon a promise of confidentiality by the public
body.
(ii) The promise of confidentiality is authorized by the chief administrative
officer of the public body or by an elected official at the time the promise is
made.
(iii) A description of the information is recorded by the public body within a
reasonable time after it has been submitted, maintained in a central place
within the public body, and made available to a person upon request. This
subdivision does not apply to information submitted as required by law or as a
condition of receiving a governmental contract, license, or other benefit.
(g) Information or records subject to the attorney-client privilege.
(h) Information or records subject to the physician-patient privilege, the
psychologist-patient privilege, the minister, priest, or Christian Science
practitioner privilege, or other privilege recognized by statute or court rule.
(i) A bid or proposal by a person to enter into a contract or agreement, until
the time for the public opening of bids or proposals, or if a public opening is
not to be conducted, until the deadline for submission of bids or proposals has
expired.
(j) Appraisals of real property to be acquired by the public body until either
of the following occurs:
(i) An agreement is entered into.
(ii) Three years have elapsed since the making of the appraisal, unless
litigation relative to the acquisition has not yet terminated.
(k) Test questions and answers, scoring keys, and other examination instruments
or data used to administer a license, public employment, or academic examination,
unless the public interest in disclosure under this act outweighs the public
interest in nondisclosure.
(l) Medical, counseling, or psychological facts or evaluations concerning an
individual if the individual's identity would be revealed by a disclosure of
those facts or evaluation, including protected health information, as defined in
45 CFR 160.103.
(m) Communications and notes within a public body or between public bodies of an
advisory nature to the extent that they cover other than purely factual
materials and are preliminary to a final agency determination of policy or
action. This exemption does not apply unless the public body shows that in the
particular instance the public interest in encouraging frank communication
between officials and employees of public bodies clearly outweighs the public
interest in disclosure. This exemption does not constitute an exemption under
state law for purposes of section 8(h) of the open meetings act, 1976 PA 267,
MCL 15.268. As used in this subdivision, "determination of policy or action"
includes a determination relating to collective bargaining, unless the public
record is otherwise required to be made available under 1947 PA 336, MCL 423.201
to 423.217.
(n) Records of law enforcement communication codes, or plans for deployment of
law enforcement personnel, that if disclosed would prejudice a public body's
ability to protect the public safety unless the public interest in disclosure
under this act outweighs the public interest in nondisclosure in the particular
instance.
(o) Information that would reveal the exact location of archaeological sites.
The department of history, arts, and libraries may promulgate rules in
accordance with the administrative procedures act of 1969, 1969 PA 306, MCL 24.201
to 24.328, to provide for the disclosure of the location of archaeological sites
for purposes relating to the preservation or scientific examination of sites.
(p) Testing data developed by a public body in determining whether bidders'
products meet the specifications for purchase of those products by the public
body, if disclosure of the data would reveal that only 1 bidder has met the
specifications. This subdivision does not apply after 1 year has elapsed from
the time the public body completes the testing.
(q) Academic transcripts of an institution of higher education established under
section 5, 6, or 7 of article VIII of the state constitution of 1963, if the
transcript pertains to a student who is delinquent in the payment of financial
obligations to the institution.
(r) Records of a campaign committee including a committee that receives money
from a state campaign fund.
(s) Unless the public interest in disclosure outweighs the public interest in
nondisclosure in the particular instance, public records of a law enforcement
agency, the release of which would do any of the following:
(i) Identify or provide a means of identifying an informant.
(ii) Identify or provide a means of identifying a law enforcement undercover
officer or agent or a plain clothes officer as a law enforcement officer or
agent.
(iii) Disclose the personal address or telephone number of active or retired law
enforcement officers or agents or a special skill that they may have.
(iv) Disclose the name, address, or telephone numbers of family members,
relatives, children, or parents of active or retired law enforcement officers or
agents.
(v) Disclose operational instructions for law enforcement officers or agents.
(vi) Reveal the contents of staff manuals provided for law enforcement officers
or agents.
(vii) Endanger the life or safety of law enforcement officers or agents or their
families, relatives, children, parents, or those who furnish information to law
enforcement departments or agencies.
(viii) Identify or provide a means of identifying a person as a law enforcement
officer, agent, or informant.
(ix) Disclose personnel records of law enforcement agencies.
(x) Identify or provide a means of identifying residences that law enforcement
agencies are requested to check in the absence of their owners or tenants.
(t) Except as otherwise provided in this subdivision, records and information
pertaining to an investigation or a compliance conference conducted by the
department under article 15 of the public health code, 1978 PA 368, MCL 333.16101
to 333.18838, before a complaint is issued. This subdivision does not apply to
records or information pertaining to 1 or more of the following:
(i) The fact that an allegation has been received and an investigation is being
conducted, and the date the allegation was received.
(ii) The fact that an allegation was received by the department; the fact that
the department did not issue a complaint for the allegation; and the fact that
the allegation was dismissed.
(u) Records of a public body's security measures, including security plans,
security codes and combinations, passwords, passes, keys, and security
procedures, to the extent that the records relate to the ongoing security of the
public body.
(v) Records or information relating to a civil action in which the requesting
party and the public body are parties.
(w) Information or records that would disclose the social security number of an
individual.
(x) Except as otherwise provided in this subdivision, an application for the
position of president of an institution of higher education established under
section 4, 5, or 6 of article VIII of the state constitution of 1963, materials
submitted with such an application, letters of recommendation or references
concerning an applicant, and records or information relating to the process of
searching for and selecting an individual for a position described in this
subdivision, if the records or information could be used to identify a candidate
for the position. However, after 1 or more individuals have been identified as
finalists for a position described in this subdivision, this subdivision does
not apply to a public record described in this subdivision, except a letter of
recommendation or reference, to the extent that the public record relates to an
individual identified as a finalist for the position.
(y) Records or information of measures designed to protect the security or
safety of persons or property, whether public or private, including, but not
limited to, building, public works, and public water supply designs to the
extent that those designs relate to the ongoing security measures of a public
body, capabilities and plans for responding to a violation of the Michigan anti-terrorism
act, chapter LXXXIII-A of the Michigan penal code, 1931 PA 328, MCL 750.543a to
750.543z, emergency response plans, risk planning documents, threat assessments,
and domestic preparedness strategies, unless disclosure would not impair a
public body's ability to protect the security or safety of persons or property
or unless the public interest in disclosure outweighs the public interest in
nondisclosure in the particular instance.
(2) A public body shall exempt from disclosure information that, if released,
would prevent the public body from complying with 20 USC 1232g, commonly
referred to as the family educational rights and privacy act of 1974. A public
body that is a local or intermediate school district or a public school academy
shall exempt from disclosure directory information, as defined by 20 USC 1232g,
commonly referred to as the family educational rights and privacy act of 1974,
requested for the purpose of surveys, marketing, or solicitation, unless that
public body determines that the use is consistent with the educational mission
of the public body and beneficial to the affected students. A public body that
is a local or intermediate school district or a public school academy may take
steps to ensure that directory information disclosed under this subsection shall
not be used, rented, or sold for the purpose of surveys, marketing, or
solicitation. Before disclosing the directory information, a public body that is
a local or intermediate school district or a public school academy may require
the requester to execute an affidavit stating that directory information
provided under this subsection shall not be used, rented, or sold for the
purpose of surveys, marketing, or solicitation.
(3) This act does not authorize the withholding of information otherwise
required by law to be made available to the public or to a party in a contested
case under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328.
(4) Except as otherwise exempt under subsection (1), this act does not authorize
the withholding of a public record in the possession of the executive office of
the governor or lieutenant governor, or an employee of either executive office,
if the public record is transferred to the executive office of the governor or
lieutenant governor, or an employee of either executive office, after a request
for the public record has been received by a state officer, employee, agency,
department, division, bureau, board, commission, council, authority, or other
body in the executive branch of government that is subject to this act.
History: 1976, Act 442, Eff. Apr. 13, 1977 ;-- Am. 1978, Act 329, Imd. Eff. July
11, 1978 ;-- Am. 1993, Act 82, Eff. Apr. 1, 1994 ;-- Am. 1996, Act 553, Eff. Mar.
31, 1997 ;-- Am. 2000, Act 88, Imd. Eff. May 1, 2000 ;-- Am. 2001, Act 74, Imd.
Eff. July 24, 2001 ;-- Am. 2002, Act 130, Eff. May 1, 2002 ;-- Am. 2002, Act 437,
Eff. Aug. 1, 2002 ;-- Am. 2006, Act 482, Imd. Eff. Dec. 22, 2006
Popular Name: Act 442
Popular Name: FOIA
© 2007 Legislative Council, State of Michigan
15.243a Salary records of employee or other official of institution of higher
education, school district, intermediate school district, or community college
available to public on request.
Sec. 13a.
Notwithstanding section 13, an institution of higher education established under
section 5, 6, or 7 of article 8 of the state constitution of 1963; a school
district as defined in section 6 of Act No. 451 of the Public Acts of 1976,
being section 380.6 of the Michigan Compiled Laws; an intermediate school
district as defined in section 4 of Act No. 451 of the Public Acts of 1976,
being section 380.4 of the Michigan Compiled Laws; or a community college
established under Act No. 331 of the Public Acts of 1966, as amended, being
sections 389.1 to 389.195 of the Michigan Compiled Laws shall upon request make
available to the public the salary records of an employee or other official of
the institution of higher education, school district, intermediate school
district, or community college.
History: Add. 1979, Act 130, Imd. Eff. Oct. 26, 1979
Popular Name: Act 442
Popular Name: FOIA
© 2007 Legislative Council, State of Michigan
15.244 Separation of exempt and nonexempt material; design of public record;
description of material exempted.
Sec. 14.
(1) If a public record contains material which is not exempt under section 13,
as well as material which is exempt from disclosure under section 13, the public
body shall separate the exempt and nonexempt material and make the nonexempt
material available for examination and copying.
(2) When designing a public record, a public body shall, to the extent
practicable, facilitate a separation of exempt from nonexempt information. If
the separation is readily apparent to a person requesting to inspect or receive
copies of the form, the public body shall generally describe the material
exempted unless that description would reveal the contents of the exempt
information and thus defeat the purpose of the exemption.
History: 1976, Act 442, Eff. Apr. 13, 1977
Popular Name: Act 442
Popular Name: FOIA
© 2007 Legislative Council, State of Michigan
15.245 Repeal of §§ 24.221, 24.222, and 24.223.
Sec. 15.
Sections 21, 22 and 23 of Act No. 306 of the Public Acts of 1969, as amended,
being sections 24.221, 24.222 and 24.223 of the Michigan Compiled Laws, are
repealed.
History: 1976, Act 442, Eff. Apr. 13, 1977
Popular Name: Act 442
Popular Name: FOIA
© 2007 Legislative Council, State of Michigan
15.246 Effective date.
Sec. 16.
This act shall take effect 90 days after being signed by the governor.
History: 1976, Act 442, Eff. Apr. 13, 1977
Popular Name: Act 442
Popular Name: FOIA
© 2007 Legislative Council, State of Michigan
Rendered 3/29/2007 23:12:50 Michigan Compiled Laws Complete Through PA 5 of 2007
© 2007 Legislative Council, State of Michigan Courtesy of www.legislature.mi.gov
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