Fillable Form 2: FOIA Appeal FormTo Appeal a Denial (Bay County, Michigan)

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Form 2: FOIA Appeal FormTo Appeal a Denial (Bay County, Michigan)

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Bay County FOIA Coordinator
515 Center Avenue, Ste. 40
2
Bay City, MI 48708 (989) 895-413
1; FAX 989-895-
2094
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 county: ________________________________________________________________
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:
R
equestor’s Signature: ______________________________________________________________________________Date: ______________
Count
y Response:
The county must provide a response within 10 business days after receiving this appeal, including a determination or taking one 10-day extension.
County 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: ____________________________________________________________________
County 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 county board of
commissioners 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 county 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:
County: Keep original and
provide copy of both sides,
along with Public Summary,
to requestor at no charge.
nial Appeal Form
County: Keep original and
provide copy of both sides,
along with Public Summary,
to requestor at no charge.
.
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signature
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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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Form 2: FOIA Appeal FormTo Appeal a Denial (Bay County, Michigan)

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Completed 17 July 2020

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