Michigan Open Meetings Act 267 of 1976 (03/29/07)
Freedom of Information Act 442 of 1976 (03/29/07)

OPEN MEETINGS ACT

Act 267 of 1976
AN ACT to require certain meetings of certain public bodies to be open to the 
public; to require notice and the keeping of minutes of meetings; to provide for 
enforcement; to provide for invalidation of governmental decisions under certain 
circumstances; to provide penalties; and to repeal certain acts and parts of 
acts.


History: 1976, Act 267, Eff. Mar. 31, 1977 
© 2007 Legislative Council, State of Michigan

The People of the State of Michigan enact:

15.261 Short title; effect of act on certain charter provisions, ordinances, or 
resolutions.

Sec. 1. 

(1) This act shall be known and may be cited as the “Open meetings act”. 

(2) This act shall supersede all local charter provisions, ordinances, or 
resolutions which relate to requirements for meetings of local public bodies to 
be open to the public. 

(3) After the effective date of this act, nothing in this act shall prohibit a 
public body from adopting an ordinance, resolution, rule, or charter provision 
which would require a greater degree of openness relative to meetings of public 
bodies than the standards provided for in this act. 


History: 1976, Act 267, Eff. Mar. 31, 1977 
© 2007 Legislative Council, State of Michigan


15.262 Definitions.

Sec. 2. 

As used in this act: 

(a) “Public body” means any state or local legislative or governing body, 
including a board, commission, committee, subcommittee, authority, or council, 
that is empowered by state constitution, statute, charter, ordinance, resolution, 
or rule to exercise governmental or proprietary authority or perform a 
governmental or proprietary function; a lessee of such a body performing an 
essential public purpose and function pursuant to the lease agreement; or the 
board of a nonprofit corporation formed by a city under section 4o of the home 
rule city act, 1909 PA 279, MCL 117.4o. 

(b) “Meeting” means the convening of a public body at which a quorum is present 
for the purpose of deliberating toward or rendering a decision on a public 
policy, or any meeting of the board of a nonprofit corporation formed by a city 
under section 4o of the home rule city act, 1909 PA 279, MCL 117.4o. 

(c) “Closed session” means a meeting or part of a meeting of a public body that 
is closed to the public. 

(d) “Decision” means a determination, action, vote, or disposition upon a motion, 
proposal, recommendation, resolution, order, ordinance, bill, or measure on 
which a vote by members of a public body is required and by which a public body 
effectuates or formulates public policy. 


History: 1976, Act 267, Eff. Mar. 31, 1977 ;-- Am. 2001, Act 38, Imd. Eff. July 
11, 2001 
© 2007 Legislative Council, State of Michigan


15.263 Meetings, decisions, and deliberations of public body; requirements; 
attending or addressing meeting of public body; tape-recording, videotaping, 
broadcasting, and telecasting proceedings; rules and regulations; exclusion from 
meeting; exemptions.

Sec. 3. 

(1) All meetings of a public body shall be open to the public and shall be held 
in a place available to the general public. All persons shall be permitted to 
attend any meeting except as otherwise provided in this act. The right of a 
person to attend a meeting of a public body includes the right to tape-record, 
to videotape, to broadcast live on radio, and to telecast live on television the 
proceedings of a public body at a public meeting. The exercise of this right 
shall not be dependent upon the prior approval of the public body. However, a 
public body may establish reasonable rules and regulations in order to minimize 
the possibility of disrupting the meeting. 

(2) All decisions of a public body shall be made at a meeting open to the public. 

(3) All deliberations of a public body constituting a quorum of its members 
shall take place at a meeting open to the public except as provided in this 
section and sections 7 and 8. 

(4) A person shall not be required as a condition of attendance at a meeting of 
a public body to register or otherwise provide his or her name or other 
information or otherwise to fulfill a condition precedent to attendance. 

(5) A person shall be permitted to address a meeting of a public body under 
rules established and recorded by the public body. The legislature or a house of 
the legislature may provide by rule that the right to address may be limited to 
prescribed times at hearings and committee meetings only. 

(6) A person shall not be excluded from a meeting otherwise open to the public 
except for a breach of the peace actually committed at the meeting. 

(7) This act does not apply to the following public bodies only when 
deliberating the merits of a case: 

(a) The worker's compensation appeal board created under the worker's disability 
compensation act of 1969, Act No. 317 of the Public Acts of 1969, as amended, 
being sections 418.101 to 418.941 of the Michigan Compiled Laws. 

(b) The employment security board of review created under the Michigan 
employment security act, Act No. 1 of the Public Acts of the Extra Session of 
1936, as amended, being sections 421.1 to 421.73 of the Michigan Compiled Laws. 

(c) The state tenure commission created under Act No. 4 of the Public Acts of 
the Extra Session of 1937, as amended, being sections 38.71 to 38.191 of the 
Michigan Compiled Laws, when acting as a board of review from the decision of a 
controlling board. 

(d) An arbitrator or arbitration panel appointed by the employment relations 
commission under the authority given the commission by Act No. 176 of the Public 
Acts of 1939, as amended, being sections 423.1 to 423.30 of the Michigan 
Compiled Laws. 

(e) An arbitration panel selected under chapter 50A of the revised judicature 
act of 1961, Act No. 236 of the Public Acts of 1961, being sections 600.5040 to 
600.5065 of the Michigan Compiled Laws. 

(f) The Michigan public service commission created under Act No. 3 of the Public 
Acts of 1939, being sections 460.1 to 460.8 of the Michigan Compiled Laws. 

(8) This act does not apply to an association of insurers created under the 
insurance code of 1956, Act No. 218 of the Public Acts of 1956, being sections 
500.100 to 500.8302 of the Michigan Compiled Laws, or other association or 
facility formed under Act No. 218 of the Public Acts of 1956 as a nonprofit 
organization of insurer members. 

(9) This act does not apply to a committee of a public body which adopts a 
nonpolicymaking resolution of tribute or memorial which resolution is not 
adopted at a meeting. 

(10) This act does not apply to a meeting which is a social or chance gathering 
or conference not designed to avoid this act. 

(11) This act shall not apply to the Michigan veterans' trust fund board of 
trustees or a county or district committee created under Act No. 9 of the Public 
Acts of the first extra session of 1946, being sections 35.601 to 35.610 of the 
Michigan Compiled Laws, when the board of trustees or county or district 
committee is deliberating the merits of an emergent need. A decision of the 
board of trustees or county or district committee made under this subsection 
shall be reconsidered by the board or committee at its next regular or special 
meeting consistent with the requirements of this act. “Emergent need” means a 
situation which the board of trustees, by rules promulgated under the 
administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, 
as amended, being sections 24.201 to 24.328 of the Michigan Compiled Laws, 
determines requires immediate action. 


History: 1976, Act 267, Eff. Mar. 31, 1977 ;-- Am. 1981, Act 161, Imd. Eff. Nov. 
30, 1981 ;-- Am. 1986, Act 269, Imd. Eff. Dec. 19, 1986 ;-- Am. 1988, Act 158, 
Imd. Eff. June 14, 1988 ;-- Am. 1988, Act 278, Imd. Eff. July 27, 1988 
Admin Rule: R 35.621 of the Michigan Administrative Code. 
© 2007 Legislative Council, State of Michigan


15.264 Public notice of meetings generally; contents; places of posting.

Sec. 4. 

The following provisions shall apply with respect to public notice of meetings: 

(a) A public notice shall always contain the name of the public body to which 
the notice applies, its telephone number if one exists, and its address. 

(b) A public notice for a public body shall always be posted at its principal 
office and any other locations considered appropriate by the public body. Cable 
television may also be utilized for purposes of posting public notice. 

(c) If a public body is a part of a state department, part of the legislative or 
judicial branch of state government, part of an institution of higher education, 
or part of a political subdivision or school district, a public notice shall 
also be posted in the respective principal office of the state department, the 
institution of higher education, clerk of the house of representatives, 
secretary of the state senate, clerk of the supreme court, or political 
subdivision or school district. 

(d) If a public body does not have a principal office, the required public 
notice for a local public body shall be posted in the office of the county clerk 
in which the public body serves and the required public notice for a state 
public body shall be posted in the office of the secretary of state. 


History: 1976, Act 267, Eff. Mar. 31, 1977 ;-- Am. 1984, Act 87, Imd. Eff. Apr. 
19, 1984 
© 2007 Legislative Council, State of Michigan


15.265 Public notice of regular meetings, change in schedule of regular meetings, 
rescheduled regular meetings, or special meetings; time for posting; statement 
of date, time, and place; applicability of subsection (4); recess or adjournment; 
emergency sessions; meeting in residential dwelling; notice.

Sec. 5. 

(1) A meeting of a public body shall not be held unless public notice is given 
as provided in this section by a person designated by the public body. 

(2) For regular meetings of a public body, there shall be posted within 10 days 
after the first meeting of the public body in each calendar or fiscal year a 
public notice stating the dates, times, and places of its regular meetings. 

(3) If there is a change in the schedule of regular meetings of a public body, 
there shall be posted within 3 days after the meeting at which the change is 
made, a public notice stating the new dates, times, and places of its regular 
meetings. 

(4) Except as provided in this subsection or in subsection (6), for a 
rescheduled regular or a special meeting of a public body, a public notice 
stating the date, time, and place of the meeting shall be posted at least 18 
hours before the meeting. The requirement of 18-hour notice shall not apply to 
special meetings of subcommittees of a public body or conference committees of 
the state legislature. A conference committee shall give a 6-hour notice. A 
second conference committee shall give a 1-hour notice. Notice of a conference 
committee meeting shall include written notice to each member of the conference 
committee and the majority and minority leader of each house indicating time and 
place of the meeting. This subsection does not apply to a public meeting held 
pursuant to section 4(2) to (5) of Act No. 239 of the Public Acts of 1955, as 
amended, being section 200.304 of the Michigan Compiled Laws. 

(5) A meeting of a public body which is recessed for more than 36 hours shall be 
reconvened only after public notice, which is equivalent to that required under 
subsection (4), has been posted. If either house of the state legislature is 
adjourned or recessed for less than 18 hours, the notice provisions of 
subsection (4) are not applicable. Nothing in this section shall bar a public 
body from meeting in emergency session in the event of a severe and imminent 
threat to the health, safety, or welfare of the public when 2/3 of the members 
serving on the body decide that delay would be detrimental to efforts to lessen 
or respond to the threat. 

(6) A meeting of a public body may only take place in a residential dwelling if 
a nonresidential building within the boundary of the local governmental unit or 
school system is not available without cost to the public body. For a meeting of 
a public body which is held in a residential dwelling, notice of the meeting 
shall be published as a display advertisement in a newspaper of general 
circulation in the city or township in which the meeting is to be held. The 
notice shall be published not less than 2 days before the day on which the 
meeting is held, and shall state the date, time, and place of the meeting. The 
notice, which shall be at the bottom of the display advertisement and which 
shall be set off in a conspicuous manner, shall include the following language: 
“This meeting is open to all members of the public under Michigan's open 
meetings act”. 


History: 1976, Act 267, Eff. Mar. 31, 1977 ;-- Am. 1978, Act 256, Imd. Eff. June 
21, 1978 ;-- Am. 1982, Act 134, Imd. Eff. Apr. 22, 1982 ;-- Am. 1984, Act 167, 
Imd. Eff. June 29, 1984 
© 2007 Legislative Council, State of Michigan


15.266 Providing copies of public notice on written request; fee.

Sec. 6. 

(1) Upon the written request of an individual, organization, firm, or 
corporation, and upon the requesting party's payment of a yearly fee of not more 
than the reasonable estimated cost for printing and postage of such notices, a 
public body shall send to the requesting party by first class mail a copy of any 
notice required to be posted pursuant to section 5(2) to (5). 

(2) Upon written request, a public body, at the same time a public notice of a 
meeting is posted pursuant to section 5, shall provide a copy of the public 
notice of that meeting to any newspaper published in the state and to any radio 
and television station located in the state, free of charge. 


History: 1976, Act 267, Eff. Mar. 31, 1977 
© 2007 Legislative Council, State of Michigan


15.267 Closed sessions; roll call vote; separate set of minutes. 

Sec. 7. 

(1) A 2/3 roll call vote of members elected or appointed and serving is required 
to call a closed session, except for the closed sessions permitted under section 
8(a), (b), (c), (g), (i), and (j). The roll call vote and the purpose or 
purposes for calling the closed session shall be entered into the minutes of the 
meeting at which the vote is taken. 

(2) A separate set of minutes shall be taken by the clerk or the designated 
secretary of the public body at the closed session. These minutes shall be 
retained by the clerk of the public body, are not available to the public, and 
shall only be disclosed if required by a civil action filed under section 10, 11, 
or 13. These minutes may be destroyed 1 year and 1 day after approval of the 
minutes of the regular meeting at which the closed session was approved. 


History: 1976, Act 267, Eff. Mar. 31, 1977 ;-- Am. 1993, Act 81, Eff. Apr. 1, 
1994 ;-- Am. 1996, Act 464, Imd. Eff. Dec. 26, 1996 
© 2007 Legislative Council, State of Michigan


15.268 Closed sessions; permissible purposes.

Sec. 8. 

A public body may meet in a closed session only for the following purposes: 

(a) To consider the dismissal, suspension, or disciplining of, or to hear 
complaints or charges brought against, or to consider a periodic personnel 
evaluation of, a public officer, employee, staff member, or individual agent, if 
the named person requests a closed hearing. A person requesting a closed hearing 
may rescind the request at any time, in which case the matter at issue shall be 
considered after the rescission only in open sessions. 

(b) To consider the dismissal, suspension, or disciplining of a student if the 
public body is part of the school district, intermediate school district, or 
institution of higher education that the student is attending, and if the 
student or the student's parent or guardian requests a closed hearing. 

(c) For strategy and negotiation sessions connected with the negotiation of a 
collective bargaining agreement if either negotiating party requests a closed 
hearing. 

(d) To consider the purchase or lease of real property up to the time an option 
to purchase or lease that real property is obtained. 

(e) To consult with its attorney regarding trial or settlement strategy in 
connection with specific pending litigation, but only if an open meeting would 
have a detrimental financial effect on the litigating or settlement position of 
the public body. 

(f) To review and consider the contents of an application for employment or 
appointment to a public office if the candidate requests that the application 
remain confidential. However, except as otherwise provided in this subdivision, 
all interviews by a public body for employment or appointment to a public office 
shall be held in an open meeting pursuant to this act. This subdivision does not 
apply to a public office described in subdivision (j). 

(g) Partisan caucuses of members of the state legislature. 

(h) To consider material exempt from discussion or disclosure by state or 
federal statute. 

(i) For a compliance conference conducted by the department of commerce under 
section 16231 of the public health code, Act No. 368 of the Public Acts of 1978, 
being section 333.16231 of the Michigan Compiled Laws, before a complaint is 
issued. 

(j) In the process of searching for and selecting a president of an institution 
of higher education established under section 4, 5, or 6 of article VIII of the 
state constitution of 1963, to review the specific contents of an application, 
to conduct an interview with a candidate, or to discuss the specific 
qualifications of a candidate if the particular process of searching for and 
selecting a president of an institution of higher education meets all of the 
following requirements: 

(i) The search committee in the process, appointed by the governing board, 
consists of at least 1 student of the institution, 1 faculty member of the 
institution, 1 administrator of the institution, 1 alumnus of the institution, 
and 1 representative of the general public. The search committee also may 
include 1 or more members of the governing board of the institution, but the 
number shall not constitute a quorum of the governing board. However, the search 
committee shall not be constituted in such a way that any 1 of the groups 
described in this subparagraph constitutes a majority of the search committee. 

(ii) After the search committee recommends the 5 final candidates, the governing 
board does not take a vote on a final selection for the president until at least 
30 days after the 5 final candidates have been publicly identified by the search 
committee. 

(iii) The deliberations and vote of the governing board of the institution on 
selecting the president take place in an open session of the governing board. 


History: 1976, Act 267, Eff. Mar. 31, 1977 ;-- Am. 1984, Act 202, Imd. Eff. July 
3, 1984 ;-- Am. 1993, Act 81, Eff. Apr. 1, 1994 ;-- Am. 1996, Act 464, Imd. Eff. 
Dec. 26, 1996 
© 2007 Legislative Council, State of Michigan


15.269 Minutes.

Sec. 9. 

(1) Each public body shall keep minutes of each meeting showing the date, time, 
place, members present, members absent, any decisions made at a meeting open to 
the public, and the purpose or purposes for which a closed session is held. The 
minutes shall include all roll call votes taken at the meeting. The public body 
shall make any corrections in the minutes at the next meeting after the meeting 
to which the minutes refer. The public body shall make corrected minutes 
available at or before the next subsequent meeting after correction. The 
corrected minutes shall show both the original entry and the correction. 

(2) Minutes are public records open to public inspection, and a public body 
shall make the minutes available at the address designated on posted public 
notices pursuant to section 4. The public body shall make copies of the minutes 
available to the public at the reasonable estimated cost for printing and 
copying. 

(3) A public body shall make proposed minutes available for public inspection 
within 8 business days after the meeting to which the minutes refer. The public 
body shall make approved minutes available for public inspection within 5 
business days after the meeting at which the minutes are approved by the public 
body. 

(4) A public body shall not include in or with its minutes any personally 
identifiable information that, if released, would prevent the public body from 
complying with section 444 of subpart 4 of part C of the general education 
provisions act, 20 USC 1232g, commonly referred to as the family educational 
rights and privacy act of 1974. 


History: 1976, Act 267, Eff. Mar. 31, 1977 ;-- Am. 1982, Act 130, Imd. Eff. Apr. 
20, 1982 ;-- Am. 2004, Act 305, Imd. Eff. Aug. 11, 2004 
© 2007 Legislative Council, State of Michigan


15.270 Decisions of public body; presumption; civil action to invalidate; 
jurisdiction; venue; reenactment of disputed decision.

Sec. 10. 

(1) Decisions of a public body shall be presumed to have been adopted in 
compliance with the requirements of this act. The attorney general, the 
prosecuting attorney of the county in which the public body serves, or any 
person may commence a civil action in the circuit court to challenge the 
validity of a decision of a public body made in violation of this act. 

(2) A decision made by a public body may be invalidated if the public body has 
not complied with the requirements of section 3(1), (2), and (3) in making the 
decision or if failure to give notice in accordance with section 5 has 
interfered with substantial compliance with section 3(1), (2), and (3) and the 
court finds that the noncompliance or failure has impaired the rights of the 
public under this act. 

(3) The circuit court shall not have jurisdiction to invalidate a decision of a 
public body for a violation of this act unless an action is commenced pursuant 
to this section within the following specified period of time: 

(a) Within 60 days after the approved minutes are made available to the public 
by the public body except as otherwise provided in subdivision (b). 

(b) If the decision involves the approval of contracts, the receipt or 
acceptance of bids, the making of assessments, the procedures pertaining to the 
issuance of bonds or other evidences of indebtedness, or the submission of a 
borrowing proposal to the electors, within 30 days after the approved minutes 
are made available to the public pursuant to that decision. 

(4) Venue for an action under this section shall be any county in which a local 
public body serves or, if the decision of a state public body is at issue, in 
Ingham county. 

(5) In any case where an action has been initiated to invalidate a decision of a 
public body on the ground that it was not taken in conformity with the 
requirements of this act, the public body may, without being deemed to make any 
admission contrary to its interest, reenact the disputed decision in conformity 
with this act. A decision reenacted in this manner shall be effective from the 
date of reenactment and shall not be declared invalid by reason of a deficiency 
in the procedure used for its initial enactment. 


History: 1976, Act 267, Eff. Mar. 31, 1977 
© 2007 Legislative Council, State of Michigan


15.271 Civil action to compel compliance or enjoin noncompliance; commencement; 
venue; security not required; commencement of action for mandamus; court costs 
and attorney fees.

Sec. 11. 

(1) If a public body is not complying with this act, the attorney general, 
prosecuting attorney of the county in which the public body serves, or a person 
may commence a civil action to compel compliance or to enjoin further 
noncompliance with this act. 

(2) An action for injunctive relief against a local public body shall be 
commenced in the circuit court, and venue is proper in any county in which the 
public body serves. An action for an injunction against a state public body 
shall be commenced in the circuit court and venue is proper in any county in 
which the public body has its principal office, or in Ingham county. If a person 
commences an action for injunctive relief, that person shall not be required to 
post security as a condition for obtaining a preliminary injunction or a 
temporary restraining order. 

(3) An action for mandamus against a public body under this act shall be 
commenced in the court of appeals. 

(4) If a public body is not complying with this act, and a person commences a 
civil action against the public body for injunctive relief to compel compliance 
or to enjoin further noncompliance with the act and succeeds in obtaining relief 
in the action, the person shall recover court costs and actual attorney fees for 
the action. 


History: 1976, Act 267, Eff. Mar. 31, 1977 
© 2007 Legislative Council, State of Michigan


15.272 Violation as misdemeanor; penalty. 

Sec. 12. 

(1) A public official who intentionally violates this act is guilty of a 
misdemeanor punishable by a fine of not more than $1,000.00. 

(2) A public official who is convicted of intentionally violating a provision of 
this act for a second time within the same term shall be guilty of a misdemeanor 
and shall be fined not more than $2,000.00, or imprisoned for not more than 1 
year, or both. 


History: 1976, Act 267, Eff. Mar. 31, 1977 
© 2007 Legislative Council, State of Michigan


15.273 Violation; liability.

Sec. 13. 

(1) A public official who intentionally violates this act shall be personally 
liable in a civil action for actual and exemplary damages of not more than $500.00 
total, plus court costs and actual attorney fees to a person or group of persons 
bringing the action. 

(2) Not more than 1 action under this section shall be brought against a public 
official for a single meeting. An action under this section shall be commenced 
within 180 days after the date of the violation which gives rise to the cause of 
action. 

(3) An action for damages under this section may be joined with an action for 
injunctive or exemplary relief under section 11. 


History: 1976, Act 267, Eff. Mar. 31, 1977 
© 2007 Legislative Council, State of Michigan


15.273a Selection of president by governing board of higher education 
institution; violation; civil fine.

Sec. 13a. 

If the governing board of an institution of higher education established under 
section 4, 5, or 6 of article VIII of the state constitution of 1963 violates 
this act with respect to the process of selecting a president of the institution 
at any time after the recommendation of final candidates to the governing board, 
as described in section 8(j), the institution is responsible for the payment of 
a civil fine of not more than $500,000.00. This civil fine is in addition to any 
other remedy or penalty under this act. To the extent possible, any payment of 
fines imposed under this section shall be paid from funds allocated by the 
institution of higher education to pay for the travel and expenses of the 
members of the governing board. 


History: Add. 1996, Act 464, Imd. Eff. Dec. 26, 1996 
© 2007 Legislative Council, State of Michigan


15.274 Repeal of §§ 15.251 to 15.253.

Sec. 14. 

Act No. 261 of the Public Acts of 1968, being sections 15.251 to 15.253 of the 
Compiled Laws of 1970, is repealed. 


History: 1976, Act 267, Eff. Mar. 31, 1977 
© 2007 Legislative Council, State of Michigan


15.275 Effective date.

Sec. 15. 

This act shall take effect January 1, 1977. 


History: 1976, Act 267, Eff. Mar. 31, 1977 
© 2007 Legislative Council, State of Michigan
Rendered 3/29/2007 22:42:37 Michigan Compiled Laws Complete Through PA 5 of 2007 
© 2007 Legislative Council, State of Michigan Courtesy of www.legislature.mi.gov





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