Fillable C L P SS MM O N G (City of Marquette)

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C L P SS MM O N G (City of Marquette)

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Policy Number:
2015-01
Revision Date:
Date Adopted:
04-27-15
Department:
Administrative
SUBJECT: CITY OF MARQUETTE FOIA PROCEDURES AND GUIDELINES
POLICY
PURPOSE: This policy is intended to provide clear direction to City staff and the public as
regards City of Marquette compliance with the State of Michigan Freedom of
Information Act.
POLICY:
Preamble: Statement of Principles
It is the policy of the City of Marquette that all persons, except those incarcerated, consistent with the
Michigan Freedom of Information Act (FOIA), are entitled to full and complete information regarding
the affairs of government and the official acts of those who represent them as public officials and
employees. The people shall be informed so that they fully participate in the democratic process.
The City’s policy with respect to FOIA requests is to comply with State law in all respects and to
respond to FOIA requests in a consistent, fair, and even-handed manner regardless of who makes such
a request.
The City acknowledges that it has a legal obligation to disclose all nonexempt public records in its
possession pursuant to a FOIA request. The City acknowledges that sometimes it is necessary to
invoke the exemptions identified under FOIA in order to ensure the effective operation of government
and to protect the privacy of individuals.
The City of Marquette will protect the public's interest in disclosure, while balancing the requirement
to withhold or redact portions of certain records. The City’s policy is to disclose public records
consistent with and in compliance with State law.
The City Commission has established the following written procedures and guidelines to implement
the FOIA and will create a written public summary of the specific procedures and guidelines relevant
to the general public regarding how to submit written requests to the public body and explaining how
to understand a public body's written responses, deposit requirements, fee calculations, and avenues for
Policy # 2015-01 Page 1 of 11
challenge and appeal. The written public summary will be written in a manner so as to be easily
understood by the general public.
Section 1: General Policies
The City Commission, acting pursuant to the authority at MCL 15.236, designates the City Clerk as the
FOIA Coordinator. He or she is authorized to designate other City staff to act on his or her behalf to
accept and process written requests for the City’s public records and approve denials.
If a request for a public record is received by fax or email, the request is deemed to have been received
on the following business day. If a request is sent by email and delivered to a City spam or junk-mail
folder, the request is not deemed received until one day after the FOIA Coordinator first becomes
aware of the request. The FOIA Coordinator shall note in the FOIA log both the date the request was
delivered to the spam or junk-mail folder and the date the FOIA Coordinator became aware of the
request.
The FOIA Coordinator shall review City spam and junk-mail folders on a regular basis, which
shall be no less than once a month. The FOIA Coordinator shall work with City Information
Technology staff to develop administrative rules for handling spam and junk-mail so as to
protect City systems from computer attacks which may be imbedded in an electronic FOIA
request.
The FOIA Coordinator may, in his or her discretion, implement administrative rules, consistent with
State law and these Procedures and Guidelines to administer the acceptance and processing of FOIA
requests.
The City is not obligated to create a new public record or make a compilation or summary of
information which does not already exist. Neither the FOIA Coordinator nor other City staff are
obligated to provide answers to questions contained in requests for public records or regarding the
content of the records themselves.
The FOIA Coordinator shall keep a copy of all written requests for public records received by the City
on file for a period of at least one year.
The City will make this Procedures and Guidelines document and the Written Public Summary
publicly available without charge. If it does not, the City cannot require deposits or charge fees
otherwise permitted under the FOIA until it is in compliance.
A copy of this Procedures and Guidelines document and the City’s Written Public Summary must be
publicly available by providing free copies both in the City's response to a written request and upon
request by visitors at the City's office.
This Procedures and Guidelines document and the City’s Written Public Summary will be maintained
on the City’s website at: www.mqtcty.org, so a link to those documents will be provided in lieu of
providing paper copies of those documents.
Section 2: Requesting a Public Record
No specific form to submit a request for a public record is required. However the FOIA Coordinator
may make available a FOIA Request Form for use by the public.
Policy # 2015-01 Page 2 of 11
Requests to inspect or obtain copies of public records prepared, owned, used, possessed or retained by
the City may be submitted on the City’s FOIA Request Form, in any other form of writing (letter, fax,
email, etc.), or by verbal request.
Verbal requests for records may be documented by the City on the City’s FOIA Request Form.
If a person makes a verbal, non-written request for information believed to be available on the City’s
website, where practicable and to the best ability of the employee receiving the request, shall be
informed of the pertinent website address.
A request must sufficiently describe a public record so as to enable City personnel to identify and find
the requested public record.
Written requests for public records may be submitted in person or by mail to any City office. Requests
may also be submitted electronically by fax and email. Upon their receipt, requests for public records
shall be promptly forwarded to the FOIA Coordinator for processing.
A person may request that public records be provided on non-paper physical media, emailed or other
otherwise provided to him or her in digital form in lieu of paper copies. The City will comply with the
request only if it possesses the necessary technological capability to provide records in the requested
non-paper physical media format.
A person may subscribe to future issues of public records that are created, issued or disseminated by
The City on a regular basis. A subscription is valid for up to 6 months and may be renewed by the
subscriber.
A person serving a sentence of imprisonment in a local, state or federal correctional facility is not
entitled to submit a request for a public record. The FOIA Coordinator will deny all such requests.
Section 3: Processing a Request
Unless otherwise agreed to in writing by the person making the request, the City will issue a response
within five (5) business days of receipt of a FOIA request. If a request is received by fax, email or
other electronic transmission, the request is deemed to have been received on the following business
day.
The City will respond to a request in one of the following ways:
• Grant the request.
• Issue a written notice denying the request.
• Grant the request in part and issue a written notice denying in part the request.
• Issue a notice indicating that due to the nature of the request the City needs an additional 10
business days to respond for a total of no more than 15 business days. Only one such extension
is permitted.
• Issue a written notice indicating that the public record requested is available at no charge on the
City’s website.
Policy # 2015-01 Page 3 of 11
When a request is granted:
If the request is granted, or granted in part, the FOIA Coordinator will require that payment be made in
full for the allowable fees associated with responding to the request before the public record is made
available.
The FOIA Coordinator shall provide a detailed itemization of the allowable costs incurred to process
the request to the person making the request.
A copy of these Procedures and Guidelines and the Written Public Summary will be provided to the
requestor free of charge with the response to a written request for public records, provided however,
that because these Procedures and Guidelines, and the Written Public Summary are maintained on the
City’s website at: www.mqtcty.org, a link to the Procedures and Guidelines and the Written Public
Summary will be provided in lieu of providing paper copies of those documents. If the cost of
processing a FOIA request is $50 or less, the requester will be notified of the amount due and where
the documents can be obtained.
If the cost of processing a FOIA request is expected to exceed $50 based on a good-faith calculation,
or if the requestor has not paid in full for a previously granted request, the City will require a good-
faith deposit pursuant to Section 4 of this policy before processing the request.
In making the request for a good-faith deposit the FOIA Coordinator shall provide the requestor with a
detailed itemization of the allowable costs estimated to be incurred by the City to process the request
and also provide a best efforts estimate of a time frame it will take the City to provide the records to
the requestor. The best efforts estimate shall be nonbinding on the City, but will be made in good faith
and will strive to be reasonably accurate, given the nature of the request in the particular instance, so as
to provide the requested records in a manner based on the public policy expressed by Section 1 of the
FOIA.
When a request is denied or denied in part:
If the request is denied or denied in part, the FOIA Coordinator will issue a Notice of Denial which
shall provide in the applicable circumstance:
• An explanation as to why a requested public record is exempt from disclosure; or
• A certificate that the requested record does not exist under the name or description provided by
the requestor, or another name reasonably known by the City; or
• An explanation or description of the public record or information within a public record that is
separated or deleted from the public record; and
• An explanation of the person’s right to submit an appeal of the denial to either the office of the
City Clerk or seek judicial review in the Marquette County Circuit Court;
• An explanation of the right to receive attorneys’ fees, costs, and disbursements as well actual or
compensatory damages, and punitive damages of $1,000, should they prevail in Circuit Court.
• The Notice of Denial shall be signed by the FOIA Coordinator.
If a request does not sufficiently describe a public record, the FOIA Coordinator may, in lieu of issuing
a Notice of Denial indicating that the request is deficient, seek clarification or amendment of the
request by the person making the request. Any clarification or amendment will be considered a new
request subject to the timelines described in this Section.
Policy # 2015-01 Page 4 of 11
Requests to inspect public records:
The City shall provide reasonable facilities and opportunities for persons to examine and inspect public
records during normal business hours. The FOIA Coordinator is authorized to promulgate rules
regulating the manner in which records may be viewed so as to protect City records from loss,
alteration, mutilation or destruction and to prevent excessive interference with normal City operations.
Requests for certified copies:
The FOIA Coordinator shall, upon written request, furnish a certified copy of a public record at no
additional cost to the person requesting the public record.
Section 4: Fee Deposits
If the fee estimate is expected to exceed $50.00 based on a good-faith calculation, the requestor will be
asked to provide a deposit not exceeding one-half of the total estimated fee.
If a request for public records is from a person who has not paid the City in full for copies of public
records made in fulfillment of a previously granted written request, the FOIA Coordinator will require
a deposit of 100% of the estimated processing fee before beginning to search for a public record for
any subsequent written request by that person when all of the following conditions exist:
• The final fee for the prior written request is not more than 105% of the estimated fee;
• The public records made available contained the information sought in the prior written request
and remain in the City's possession;
• The public records were made available to the individual, subject to payment, within the time
frame estimated by the City to provide the records;
• Ninety (90) days have passed since the FOIA Coordinator notified the individual in writing that
the public records were available for pickup or mailing;
• The individual is unable to show proof of prior payment to the City; and
• The FOIA Coordinator has calculated a detailed itemization that is the basis for the current
written request’s increased estimated fee deposit.
The FOIA Coordinator will not require an increased estimated fee deposit if any of the following
apply:
• The person making the request is able to show proof of prior payment in full to the City;
• The City is subsequently paid in full for the applicable prior written request; or
• Three hundred sixty five (365) days have passed since the person made the request for which
full payment was not remitted to the City.
Section 5: Calculation of Fees
A fee may be charged for the labor cost of copying/duplication.
A fee will not be charged for the labor cost of search, examination, review and the deletion and
separation of exempt from nonexempt information unless failure to charge a fee would result in
unreasonably high costs to the City because of the nature of the request in the particular instance, and
the City specifically identifies the nature of the unreasonably high costs.
Policy # 2015-01 Page 5 of 11
Costs for the search, examination review, and deletion and separation of exempt from non-exempt
information are “unreasonably high” when they are excessive and beyond the normal or usual amount
for those services (Attorney General Opinion 7083 of 2001) compared to the costs of the City’s usual
FOIA requests, not compared to the City’s operating budget. (Bloch v. Davison Community Schools,
Michigan Court of Appeals, Unpublished, April 26, 2011)
The following factors shall be used to determine an unreasonably high cost to the City:
• Volume of the public record requested
• Amount of time spent to search for, examine, review and separate exempt from non-exempt
information in the record requested.
• Whether the public records are from more than one City department or whether various City
offices are necessary to respond to the request.
• The available staffing to respond to the request.
• Any other similar factors identified by the FOIA Coordinator in responding to the particular
request.
The Michigan FOIA statute permits the City to charge for the following costs associated with
processing a request:
• Labor costs associated with copying or duplication, which includes making paper copies,
making digital copies, or transferring digital public records to non-paper physical media or
through the Internet.
• Labor costs associated with searching for, locating and examining a requested public record,
when failure to charge a fee will result in unreasonably high costs to the City.
• Labor costs associated with a review of a record to separate and delete information exempt
from disclosure, when failure to charge a fee will result in unreasonably high costs to the City.
• The cost of copying or duplication, not including labor, of paper copies of public records. This
may include the cost for copies of records already on the City’s website if you ask for the City
to make copies.
• The cost of computer discs, computer tapes or other digital or similar media when the requester
asks for records in non-paper physical media. This may include the cost for copies of records
already on the City’s website if you ask for the City to make copies.
• The cost to mail or send a public record to a requestor.
Labor costs will be calculated based on the following requirements:
• All labor costs will be estimated and charged in 15-minute increments, with all partial time
increments rounded down. If the time involved is less than 15 minutes, there will be no charge.
• Labor costs will be charged at the hourly wage of the lowest-paid City employee capable of
doing the work in the specific fee category, regardless of who actually performs work.
• Labor costs will also include a charge to cover or partially cover the cost of fringe benefits.
• The City may add up to 50% to the applicable labor charge amount to cover or partially cover
the cost of fringe benefits, but in no case may it exceed the actual cost of fringe benefits.
• Overtime wages will not be included in labor costs unless agreed to by the requestor; overtime
costs will not be used to calculate the fringe benefit cost.
• Contracted labor costs will be charged at the hourly rate of $48.90 (6 times the state minimum
hourly wage).
Policy # 2015-01 Page 6 of 11
The cost to provide records on non-paper physical media when so requested will be based on the
following requirements:
• Computer disks, computer tapes or other digital or similar media will be at the actual and most
reasonably economical cost for the non-paper media.
• This cost will only be assessed if the City has the technological capability necessary to provide
the public record in the requested non-paper physical media format.
• The City will procure any non-paper media and will not accept media from the requestor in
order to ensure integrity of the City’s technology infrastructure.
The cost to provide paper copies of records will be based on the following requirements:
• Paper copies of public records made on standard letter (8 ½ x 11) or legal (8 ½ x 14) sized
paper will not exceed $.10 per sheet of paper. Copies for non-standard sized sheets of paper
will reflect the actual cost of reproduction.
• The City will provide records using double-sided printing, if it is cost-saving and available.
The cost to mail records to a requestor will be based on the following requirements:
• The actual cost to mail public records using a reasonably economical and justified means.
• The City may charge for the least expensive form of postal delivery confirmation.
• No cost will be made for expedited shipping or insurance unless specified by the requestor.
If the FOIA Coordinator does not respond to a written request in a timely manner, the City must:
• Reduce the labor costs by 5% for each day the City exceeds the time permitted under FOIA up
to a 50% maximum reduction, if any of the following applies:
o The City’s late response was willful and intentional,
o The written request conveyed a request for information within the first 250 words of the
body of a letter facsimile, email or email attachment, or
o The written request included the words, characters, or abbreviations for “freedom of
information,” “information,” “FOIA,” “copy” or a recognizable misspelling of such, or
legal code reference to MCL 15. 231, et seq. or 1976 Public Act 442 on the front of an
envelope or in the subject line of an email, letter or facsimile cover page.
• Fully note the charge reduction in the Detailed Itemization of Costs Form.
Section 6: Waiver of Fees
The cost of the search for and copying of a public record may be waived or reduced if in the sole
judgment of the FOIA Coordinator a waiver or reduced fee is in the public interest because it can be
considered as primarily benefitting the general public. The City Commission may identify specific
records or types of records it deems should be made available for no charge or at a reduced cost.
Policy # 2015-01 Page 7 of 11
Section 7: Discounted Fees
Indigence
The FOIA Coordinator will discount the first $20.00 of the processing fee for a request if the person
requesting a public record submits an affidavit stating that they are:
• Indigent and receiving specific public assistance, or
• If not receiving public assistance, stating facts demonstrating an inability to pay because of
indigence.
An individual is not eligible to receive the waiver if:
• The requestor has previously received discounted copies of public records from the City twice
during the calendar year; or
• The requestor requests information in connection with other persons who are offering or
providing payment to make the request.
An affidavit is sworn statement. The FOIA Coordinator may make a Fee Waiver Affidavit Form
available for use by the public.
Nonprofit organization advocating for developmentally disabled or mentally ill individuals
The FOIA Coordinator will discount the first $20.00 of the processing fee for a request from:
• A nonprofit organization formally designated by the state to carry out activities under subtitle C
of the federal developmental disabilities assistance and bill of rights act of 2000, Public Law
106-402, and the protection and advocacy for individuals with mental illness act, Public Law
99-319, or their successors, if the request meets all of the following requirements:
o Is made directly on behalf of the organization or its clients.
o Is made for a reason wholly consistent with the mission and provisions of those laws
under section 931 of the mental health code, 1974 PA 258, MCL 330.1931.
o Is accompanied by documentation of its designation by the state, if requested by the
public body.
Section 8: Appeal of a Denial of a Public Record
When a requestor believes that all or a portion of a public record has not been disclosed or has been
improperly exempted from disclosure, he or she may appeal to the City Commission by filing an
appeal of the denial with the office of the City Clerk.
The appeal must be in writing, specifically state the word "appeal" and identify the reason or reasons
the requestor is seeking a reversal of the denial. The City FOIA Appeal Form (To Appeal a Denial of
Records), may be used. The City Commission is not considered to have received a written appeal until
the first regularly scheduled City Commission meeting following submission of the written appeal.
Within 10 business days of receiving the appeal the City Commission will respond in writing by:
• Reversing the disclosure denial;
• Upholding the disclosure denial; or
Policy # 2015-01 Page 8 of 11
• Reverse the disclosure denial in part and uphold the disclosure denial in part; or
• Under unusual circumstances, issue a notice extending for not more than 10 business days the
period during which the City Commission shall respond to the written appeal. The City
Commission shall not issue more than 1 notice of extension for a particular written appeal.
If the City Commission fails to respond to a written appeal, or if the City Commission upholds all or a
portion of the disclosure denial that is the subject of the written appeal, the requesting person may seek
judicial review of the nondisclosure by commencing a civil action in Circuit Court.
Whether or not a requestor submitted an appeal of a denial to the City Commission, he or she may file
a civil action in Marquette County Circuit Court within 180 days after the City's final determination to
deny the request.
If a court that determines a public record is not exempt from disclosure, it shall order the City to cease
withholding or to produce all or a portion of a public record wrongfully withheld, regardless of the
location of the public record. Failure to comply with an order of the court may be punished as
contempt of court.
If a person asserting the right to inspect, copy, or receive a copy of all or a portion of a public record
prevails in such an action, the court shall award reasonable attorneys’ fees, costs, and disbursements. If
the person or City prevails in part, the court may, in its discretion, award all or an appropriate portion
of reasonable attorneys' fees, costs, and disbursements.
If the court determines that the City has arbitrarily and capriciously violated this act by refusal or delay
in disclosing or providing copies of a public record, the court shall order the City to pay a civil fine of
$1,000.00, which shall be deposited into the general fund of the state treasury. The court shall award,
in addition to any actual or compensatory damages, punitive damages in the amount of $1,000.00 to
the person seeking the right to inspect or receive a copy of a public record. The damages shall not be
assessed against an individual, but shall be assessed against the next succeeding public body that is not
an individual and that kept or maintained the public record as part of its public function.
Section 9: Appeal of an Excessive FOIA Processing Fee
“Fee” means the total fee or any component of the total fee calculated under section 4 of the FOIA,
including any deposit.
If a requestor believes that the fee charged by the City to process a FOIA request exceeds the amount
permitted by state law or under this policy, he or she must first appeal to the City Commission by
submitting a written appeal for a fee reduction to the office of the City Clerk.
The appeal must be in writing, specifically state the word "appeal" and identify how the required fee
exceeds the amount permitted. The City FOIA Appeal Form (To Appeal an Excess Fee) may be used.
The City Commission is not considered to have received a written appeal until the first regularly
scheduled City Commission meeting following submission of the written appeal.
Within 10 business days after receiving the appeal, the City Commission will respond in writing by:
• Waiving the fee;
Policy # 2015-01 Page 9 of 11
• Reducing the fee and issuing a written determination indicating the specific basis that supports
the remaining fee;
• Upholding the fee and issuing a written determination indicating the specific basis that supports
the required fee; or
• Issuing a notice detailing the reason or reasons for extending for not more than 10 business
days the period during which the City Commission will respond to the written appeal. The City
Commission shall not issue more than 1 notice of extension for a particular written appeal.
Where the City Commission reduces or upholds the fee, the determination must include a certification
from the City Commission that the statements in the determination are accurate and that the reduced
fee amount complies with its publicly available procedures and guidelines and Section 4 of the FOIA.
Within 45 days after receiving notice of the City Commission’s determination of an appeal, the
requesting person may commence a civil action in Marquette County Circuit Court for a fee reduction.
If a civil action is commenced against the City for an excess fee, the City is not obligated to complete
the processing of the written request for the public record at issue until the court resolves the fee
dispute.
An action shall not be filed in circuit court unless one of the following applies:
• The City does not provide for appeals of fees,
• The City Commission failed to respond to a written appeal as required, or
• The City Commission issued a determination to a written appeal.
If a court determines that the City required a fee that exceeds the amount permitted under its publicly
available procedures and guidelines or Section 4 of the FOIA, the court shall reduce the fee to a
permissible amount. Failure to comply with an order of the court may be punished as contempt of
court.
If the requesting person prevails in court by receiving a reduction of 50% or more of the total fee, the
court may, in its discretion, award all or an appropriate portion of reasonable attorneys' fees, costs, and
disbursements. The award shall be assessed against the public body liable for damages.
If the court determines that the City has arbitrarily and capriciously violated the FOIA by charging an
excessive fee, the court shall order the City to pay a civil fine of $500.00, which shall be deposited in
the general fund of the state treasury. The court may also award, in addition to any actual or
compensatory damages, punitive damages in the amount of $500.00 to the person seeking the fee
reduction. The fine and any damages shall not be assessed against an individual, but shall be assessed
against the next succeeding public body that is not an individual and that kept or maintained the public
record as part of its public function.
Section 10: Conflict with Prior FOIA Policies and Procedures; Effective Date
To the extent that these Procedures and Guidelines conflict with previous FOIA policies promulgated
by City Commission or the City Administration these Procedures and Guidelines are controlling. To
the extent that any administrative rule promulgated by the FOIA Coordinator subsequent to the
adoption of this resolution is found to be in conflict with any previous policy promulgated by the City
Policy # 2015-01 Page 10 of 11
Commission or the City Administration, the administrative rule promulgated by the FOIA Coordinator
is controlling.
To the extent that any provision of these Procedures and Guidelines or any administrative rule
promulgated by the FOIA Coordinator pertaining to the release of public records is found to be in
conflict with any State statute, the applicable statute shall control. The FOIA Coordinator is authorized
to modify this policy and all previous policies adopted by the City Commission or the City
Administration, and to adopt such administrative rules as he or she may deem necessary, to facilitate
the legal review and processing of requests for public records made pursuant to Michigan's FOIA
statute, provided that such modifications and rules are consistent with State law. The FOIA
Coordinator shall inform the City Commission of any change these Policies and Guidelines.
These FOIA Policies and Guidelines become effective July 1, 2015.
Section 11: Appendix of Marquette City FOIA Forms
• Request for Public Records Form
• Notice to Extend Response Time Form
• Notice of Denial Form
• Detailed Cost Itemization Form
• Appeal of Denial of Records Form
• Appeal of Excess Fee Form
Policy # 2015-01 Page 11 of 11
Marquette City, Marquette County
300 W. Baraga Avenue
Marquette, MI 49855
Phone: 906-225-8657
FOIA Request for Public Records
Michigan Freedom of Information Act, Public Act 442 of 1976, MCL 15.231, et seq.
Request No.: __________ Date Received: ___________ Check if received via: Email Fax Other Electronic Method
Date delivered
to junk/spam folder: _______________
(Please Print or Type) Date discovered in junk/spam folder: _______________
Request for: Copy Certified copy Record inspection Subscription to record issued on regular basis
Delivery Method: Will pick up Will make own copies onsite Mail to address above Email to address above
Deliver on digital media provided by the City: ________________________________________________________________
Note: The City is not required to provide records in a digital format or on digital media if the City does not already have the
technological capability to do so.
Describe the public record(s) as specifically as possible. You may use this form or attach additional sheets:
Consent to Non-Statutory Extension of City’s Response Time
I have requested a copy of records or a subscription to records or the opportunity to inspect records, pursuant to the Michigan Freedom of
Information Act, Public Act 442 of 1976, MCL 15.231, et seq. I understand that the City must respond to this request within five (5) business days
after receiving it, and that response may include taking a 10-business day extension. However, I hereby agree and stipulate to extend the City’s
response time for this request until: ________________ (month, day, year).
Requestor’s Signature Date
Name Phone
Firm/Organization Fax
Street Email
City State Zip
(Complete both sides)
City: Keep original and
provide copy of both sides,
along with Public Summary,
to requestor at no charge.
Request Form
Note: Requestors are not
required to use this form. The
City may complete one for
recordkeeping if not used.
Records Located on Website
If the City directly or indirectly administers or maintains an official internet presence, any public records available to the general public on that internet
site at the time the request is made are exempt from any labor charges to redact (separate exempt information from non-exempt information).
If the FOIA coordinator knows or has reason to know that all or a portion of the requested information is available on its website, the City must notify
the requestor in its written response that all or a portion of the requested information is available on its website. The written response, to the degree
practicable in the specific instance, must include a specific webpage address where the requested information is available. On the detailed cost
itemization form, the City must separate the requested public records that are available on its website from those that are not available on the
website and must inform the requestor of the additional charge to receive copies of the public records that are available on its website.
If the City has included the website address for a record in its written response to the requestor and the requestor thereafter stipulates that the public
record be provided to him or her in a paper format or other form, including digital media, the City must provide the public records in the specified
format (if the City has the technological capability) but may use a fringe benefit multiplier greater than the 50%, not to exceed the actual costs of
providing the information in the specified format.
Request for Copies/Duplication of Records on City Website
I hereby stipulate that, even if some or all of the records are located on a City website, I am requesting that the City make copies of those records on
the website and deliver them to me in the format I have requested above. I understand that some FOIA fees may apply.
Requestor’s Signature Date
Overtime Labor Costs
Overtime wages shall not be included in the calculation of labor costs unless overtime is specifically stipulated by the requestor and clearly noted on
the detailed cost itemization form.
Consent to Overtime Labor Costs
I hereby agree and stipulate to the City using overtime wages in calculating the following labor costs as itemized in the following categories:
1.
Labor to copy/duplicate 2. Labor to locate 3a. Labor to redact 3b. Contract labor to redact
6b.
Labor to copy/duplicate records already on City’s website
Requestor’s Signature
Date
Request for Discount: Indigence
A public record search must be made and a copy of a public record must be furnished without charge for the first $20.00 of the fee for each
request by an individual who is entitled to information under this act and who:
1) Submits an affidavit stating that the individual is indigent and receiving specific public assistance, OR
2) If not receiving public assistance, stating facts showing inability to pay the cost because of indigence.
If a requestor is ineligible for the discount, the public body shall inform the requestor specifically of the reason for ineligibility in the public body's
written response. An individual is ineligible for this fee reduction if ANY of the following apply:
(i) The individual has previously received discounted copies of public records from the same public body twice during that calendar year,
(ii) The individual requests the information in conjunction with outside parties who are offering or providing payment or other remuneration
to the individual to make the request. A public body may require a statement by the requestor in the affidavit that the request is not being
made in conjunction with outside parties in exchange for payment or other remuneration.
Office Use: Affidavit Received Eligible for Discount Ineligible for Discount
I am submitting an affidavit and requesting that I receive the discount for indigence for this FOIA request:
Requestor’s Signature:
Date:
Request for Discount: Nonprofit Organization
A public record search must be made and a copy of a public record must be furnished without charge for the first $20.00 of the fee for each
request by a nonprofit organization formally designated by the state to carry out activities under subtitle C of the Developmental Disabilities
Assistance and Bill of Rights Act of 2000 and the Protection and Advocacy for Individuals with Mental Illness Act, if the request meets ALL of the
following requirements:
(i) Is made directly on behalf of the organization or its clients.
(ii) Is made for a reason wholly consistent with the mission and provisions of those laws under section 931 of the Mental Health Code,
1974 PA 258, MCL 330.1931.
(iii) Is accompanied by documentation of its designation by the state, if requested by the City.
Office Use: Documentation of State Designation Received Eligible for Discount Ineligible for Discount
I stipulate that I am a designated agent for the nonprofit organization making this FOIA request and that this request is made
directly on behalf of the organization or its clients and is made for a reason wholly consistent with the mission and provisions of
those laws under section 931 of the Mental Health Code, 1974 PA 258, MCL 330.1931:
Requestor’s Signature:
Date:
Marquette City, Marquette County
300 W. Baraga Avenue
Marquette, MI 49855
Phone: 906-225-8657
FOIA Appeal Form—To Appeal an Excess Fee
Michigan Freedom of Information Act, Public Act 442 of 1976, MCL 15.231, et seq.
Request No.: __________ Date Received: ___________ Check if received via: Email Fax Other Electronic Method
Date of This Notice: _____________ Date delivered
to junk/spam folder: ___________
(Please Print or Type) Date discovered in junk/spam folder: _____________
Request for: Copy Certified copy Record inspection Subscription to record issued on regular basis
Delivery Method: Will pick up Will make own copies onsite Mail to address above Email to address above
Deliver on digital media provided by the City: ___________________________________________________________________________
Record(s) You Requested: (Listed here or see attached copy of original request) ____________________________________________________
______________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________
Reason(s) for Appeal:
The appeal must specifically identify how the required fee(s) exceed the amount permitted. You may use this form or attach additional sheets:
______________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________
Requestor’s Signature: ___________________________________________________________________________Date: __________________
City Response:
The City must provide a response within 10 business days after receiving this appeal, including a determination or taking one 10-day extension.
City Extension: We are extending the date to respond to your FOIA fee appeal for no more than 10 business days, until _______________ (month,
day, year). Only one extension may be taken per FOIA appeal.
Unusual circumstances warranting extension: ________________________________________________________________________________
_____________________________________________________________________________________________________________________
If you have any questions regarding this extension, contact: _____________________________________________________________________
City Determination: Fee Waived Fee Reduced Fee Upheld
Written basis for City determination: ___________________________________________________________________________________
______________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________
Name Phone
Firm/Organization Fax
Street Email
City State Zip
Notice of Requestor’s Right to Seek Judicial Review
You are entitled under Section 10a of the Michigan Freedom of Information Act, MCL 15.240a, to appeal a FOIA fee that you believe exceeds the
amount permitted under the City’s written Procedures and Guidelines to the City Commission or to commence an action in the Circuit Court for a
fee reduction within 45 days after receiving the notice of the required fee or a determination of an appeal to the City Commission. If a civil action is
commenced in court, the City is not obligated to compete processing the request until the court resolves the fee dispute. If the court determines that
the City required a fee that exceeded the permitted amount, the court shall reduce the fee to a permissible amount. (See back of this form for
additional information on your rights.)
Signature of FOIA Coordinator: Date:
City: Keep original and
provide copy of both
sides, along with Public
Summary, to requestor at
no charge.
Fee Appeal Form
FREEDOM OF INFORMATION ACT (EXCERPT)
Act 442 of 1976
15.240a.added Fee in excess of amount permitted under procedures and guidelines or MCL 15.234.
Sec. 10a.
(1) If a public body requires a fee that exceeds the amount permitted under its publicly available procedures and guidelines or section 4, the
requesting person may do any of the following:
(a) If the public body provides for fee appeals to the head of the public body in its publicly available procedures and guidelines, submit to the head of
the public body a written appeal for a fee reduction that specifically states the word "appeal" and identifies how the required fee exceeds the amount
permitted under the public body's available procedures and guidelines or section 4.
(b) Commence a civil action in the circuit court, or if the decision of a state public body is at issue, in the court of claims, for a fee reduction. The
action must be filed within 45 days after receiving the notice of the required fee or a determination of an appeal to the head of a public body. If a civil
action is commenced against the public body under this subdivision, the public body is not obligated to complete the processing of the written
request for the public record at issue until the court resolves the fee dispute. An action shall not be filed under this subdivision unless 1 of the
following applies:
(i) The public body does not provide for appeals under subdivision (a).
(ii) The head of the public body failed to respond to a written appeal as required under subsection (2).
(iii) The head of the public body issued a determination to a written appeal as required under subsection (2).
(2) Within 10 business days after receiving a written appeal under subsection (1)(a), the head of a public body shall do 1 of the following:
(a) Waive the fee.
(b) Reduce the fee and issue a written determination to the requesting person indicating the specific basis under section 4 that supports the
remaining fee. The determination shall include a certification from the head of the public body that the statements in the determination are accurate
and that the reduced fee amount complies with its publicly available procedures and guidelines and section 4.
(c) Uphold the fee and issue a written determination to the requesting person indicating the specific basis under section 4 that supports the required
fee. The determination shall include a certification from the head of the public body that the statements in the determination are accurate and that the
fee amount complies with the public body's publicly available procedures and guidelines and section 4.
(d) Issue a notice extending for not more than 10 business days the period during which the head of the public body must respond to the written
appeal. The notice of extension shall include a detailed reason or reasons why the extension is necessary. 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).
(4) In an action commenced under subsection (1)(b), a court that determines the public body required a fee that exceeds the amount permitted under
its publicly available procedures and guidelines or section 4 shall reduce the fee to a permissible amount. Venue for an action against a local public
body is proper in the circuit court for the county in which the public record or an office of the public body is located. The court shall determine the
matter de novo, and the burden is on the public body to establish that the required fee complies with its publicly available procedures and guidelines
and section 4. 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 the requesting person prevails in an action commenced under this section by receiving a reduction of 50% or more of the total fee, the court
may, in its discretion, award all or an appropriate portion of reasonable attorneys' fees, costs, and disbursements. The award shall be assessed
against the public body liable for damages under subsection (7).
(7) If the court determines in an action commenced under this section that the public body has arbitrarily and capriciously violated this act by
charging an excessive fee, the court shall order the public body to pay a civil fine of $500.00, which shall be deposited in the general fund of the
state treasury. The court may also award, in addition to any actual or compensatory damages, punitive damages in the amount of $500.00 to the
person seeking the fee reduction. The fine and any damages shall not be assessed against an individual, but shall be assessed against the next
succeeding public body that is not an individual and that kept or maintained the public record as part of its public function.
(8) As used in this section, "fee" means the total fee or any component of the total fee calculated under section 4, including any deposit.
History: Add. 2014, Act 563, Eff. July 1, 2015
Marquette City, Marquette County
300 W. Baraga Avenue
Marquette, MI 49855
Phone: 906-225-8657
FOIA Appeal Form—To Appeal a Denial of Records
Michigan Freedom of Information Act, Public Act 442 of 1976, MCL 15.231, et seq.
Request No.: __________ Date Received: ___________ Check if received via: Email Fax Other Electronic Method
Date of This Notice: _________________ Date delivered
to junk/spam folder: _______________
(Please Print or Type) Date discovered in junk/spam folder: _______________
Request for: Copy Certified copy Record inspection Subscription to record issued on regular basis
Delivery Method: Will pick up Will make own copies onsite Mail to address above Email to address above
Deliver on digital media provided by the City: ________________________________________________________________
Record(s) You Requested: (Listed here or see attached copy of original request) ____________________________________________________
______________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________
Reason(s) for Appeal:
The appeal must identify the reason(s) for the denial. You may use this form or attach additional sheets:
______________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________
Requestor’s Signature: ______________________________________________________________________________Date: ______________
City Response:
The City must provide a response within 10 business days after receiving this appeal, including a determination or taking one 10-day extension.
City Extension: We are extending the date to respond to your FOIA fee appeal for no more than 10 business days, until ________________
(month, day, year). Only one extension may be taken per FOIA appeal.
Unusual circumstances warranting extension: _________________________________________________________________________________
______________________________________________________________________________________________________________________
If you have any questions regarding this extension, contact: ______________________________________________________________________
City Determination:
Denial Reversed Denial Upheld Denial Reversed in Part and Upheld in Part
The following previously denied records will be released: ________________________________________________________________________
______________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________
Name Phone
Firm/Organization Fax
Street Email
City State Zip
Notice of Requestor’s Right to Seek Judicial Review
You are entitled under Section 10 of the Michigan Freedom of Information Act, MCL 15.240, to appeal this denial to the City Commission or to
commence an action in the Circuit Court to compel disclosure of the requested records if you believe they were wrongfully withheld from disclosure.
If, after judicial review, the court determines that the City has not complied with MCL 15.235 in making this denial and orders disclosure of all or a
portion of a public record, you have the right to receive attorneys’ fees and damages as provided in MCL 15.240. (See back of this form for
additional information on your rights.)
Signature of FOIA Coordinator: Date:
City: Keep original and
provide copy of both sides,
along with Public Summary,
to requestor at no charge.
Denial Appeal Form
City: Keep original and
provide copy of both sides,
along with Public Summary,
to requestor at no charge.
Request Form
Note: Requestors are not
required to use this form. The
City may complete one for
recordkeeping if not used.
FREEDOM OF INFORMATION ACT (EXCERPT)
Act 442 of 1976
15.240.amended Options by requesting person; appeal; actions by public body; receipt of written appeal; judicial review; civil
action; 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 a civil action in the circuit court, or if the decision of a state public body is at issue, the court of claims, 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 business 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 a civil action 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. Venue for an action against a local public body is proper in 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 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 order the public body to pay a civil fine of
$1,000.00, which shall be deposited into the general fund of the state treasury. The court shall award, in addition to any actual or
compensatory damages, punitive damages in the amount of $1,000.00 to the person seeking the right to inspect or receive a copy of a
public record. The damages shall not be assessed against an individual, but shall be assessed against the next succeeding public body
that is not an individual and that kept or maintained the public record as part of its public function.
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 ;--
Am. 2014, Act 563, Eff. July 1, 2015.
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Completed 4 August 2020

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