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OTSEGO COUNTYS WRITTEN PUBLIC SUMMARY OF FOIA PROCEDURES (County of Otsego)

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1
OTSEGO COUNTY’S
WRITTEN PUBLIC SUMMARY OF FOIA PROCEDURES AND GUIDELINES
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 the Michigan Freedom of Information Act (FOIA), Public Act 442 of 1976, as
amended, the following is the Written Public Summary of Otsego County’s FOIA Procedures
and Guidelines relevant to the general public. This is only a summary of the FOIA
Procedures and Guidelines. For more details and information, copies of the FOIA
Procedures Guidelines and are available at no charge at any County office and on the
County’s website at http://www.otsegocountymi.gov/online-servicesforms-4/.
1. How do I submit a FOIA request to Otsego County?
A request must sufficiently describe a public record so as to enable the County to find
it.
Please include the words “FOIA” or “FOIA Request” in the request to assist the County
in providing a prompt response.
Requests to the County may be submitted on the County’s FOIA Request Form, in any
other form of writing (letter, fax, email, etc.), or by verbal request.
o Any verbal request will be documented by the County on the County’s FOIA
Request Form.
o No specific form to submit a written request is required. However a FOIA
Request Form and other FOIA-related forms are available for your use and
convenience on the County’s website at http://www.otsegocountymi.gov/online-
servicesforms-4/ and at the County Clerk Office, 225 W. Main, Gaylord, MI
49735.
Written requests may be delivered to the County in person or by mail:
FOIA Coordinator
County Administrator’s Office
Otsego County Building
225 W. Main
Gaylord, MI 49735
Requests may be faxed to: (989) 731-7529. To ensure a prompt response, faxed
requests should contain the term “FOIA” or “FOIA Request” on the first/cover page.
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Requests may be emailed to: rfrisch@otsegocountymi.gov or
kwilliams@otsegocountymi.gov. To ensure a prompt response, email requests
should contain the term “FOIA” or “FOIA Request” in the subject line.
2. What kind of response can I expect to my request?
Within 5 business days of receipt of a FOIA request the County will issue a response.
If a request is received by facsimile or e-mail the request is deemed to have been
received on the following business day. The County will respond to your 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 County
needs an additional 10 business days to respond.
Issue a written notice indicating that the public record requested is
available at no charge on the County’s website.
If the request is granted, or granted in part, the County will ask that payment be made
for the allowable fees associated with responding to the request before the public
record is made available.
If the cost of processing the request is expected to exceed $50, or if you have not paid
for a previously granted request, the County will require a deposit before processing
the request.
3. What are the County’s fee deposit requirements?
If the County has made a good faith calculation that the total fee for processing the
request will exceed $50.00, the County will require that you provide a deposit in the
amount of 50% of the total estimated fee. When the County requests the deposit it will
provide you a non-binding best efforts estimate of how long it will take to process the
request following receipt by the County of your deposit.
If the County receives a request from a person who has not paid the County for copies
of public records made in fulfillment of a previously granted written request, the County
will require a deposit of 100% of the estimated processing fee before it begins to
search for the public record for any subsequent written request 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 County’s possession;
the public records were made available to the individual, subject to
payment, within the time frame estimated by the County to provide the
records;
90 days have passed since the County 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 County; and
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the County has calculated an estimated detailed itemization that is the
basis for the current written request’s increased fee deposit.
The County will not require the 100% 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 County;
the County is subsequently paid in full for all applicable prior written
requests; or
365 days have passed since the person made the request for which full
payment was not remitted to the County.
4. How does the County calculate FOIA processing fees?
The Michigan FOIA statute permits the County 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
County.
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 County.
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 County’s
website if you ask for the County 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 County’s website if you ask for the County to make
copies.
The cost to mail or send a public record to a requestor.
Labor Costs
All labor costs will be estimated and charged in 15 minute increments with all partial
time increments rounded down.
Labor costs will be charged at the hourly wage of the lowest-paid County 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.
Contracted labor costs will be charged at the hourly rate of 6 times the state minimum
wage, as adjusted. This rate is currently $48.90/hour.
A labor cost will not be charged for the 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 County. Costs are unreasonably high when they are
excessive and beyond the normal or usual amount for those services compared to the
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County’s usual FOIA requests, because of the nature of the request in the particular instance.
The County must specifically identify the nature of the unreasonably high costs in writing.
Copying, Duplication and Mailing Costs
The County must use the most economical method for making copies of public records,
including using double-sided printing, if cost-saving and available.
Non-paper Physical Media
The cost for records provided on non-paper physical media, such as
computer discs, 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 County has the technological
capability necessary to provide the public record in the requested non-
paper physical media format.
Paper Copies
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 will paper will reflect the actual
cost of reproduction.
Mailing Costs
The cost to mail public records will use a reasonably economical and
justified means.
The County may charge for the least expensive form of postal delivery
confirmation.
No cost will be made for expedited shipping or insurance unless
requested.
5. How do I qualify for a waiver or discount on the fee?
Waiver or reduction
The cost of the search for and copying of a public record may be waived or reduced if
in the sole discretion of the FOIA Coordinator a waiver or reduction of the fee is in the
public interest because it can be considered as primarily benefiting the public. The
County Board of Commissioners may identify specific records or types of records it
deems should be made available for not charge or at a reduced cost.
Indigence discount
The County will waive the first $20.00 of fees for a request if you submit an affidavit
stating that you are:
indigent and receiving specific public assistance; or
if not receiving public assistance, stating facts demonstrating an inability
to pay because of indigence.
You are not eligible to receive the $20.00 waiver if you:
have previously received discounted copies of public records from the
County twice during the calendar year; or
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are requesting information on behalf of other persons who are offering or
providing payment to you to make the request.
An affidavit is sworn statement. For your convenience, the County has provided an
Affidavit of Indigence for the waiver of FOIA fees, which is available on the County’s
website.
Nonprofit discount
The County will waive the fee for an nonprofit organization which meets all of the
following conditions:
the organization is designated by the State under federal law to carry out
activities under the Developmental Disabilities Assistance and Bill of
Rights Act of 2000 and the Protection and Advocacy for Individuals with
Mental Illness Act;
the request is made directly on behalf of the organization or its clients;
the request is made for a reason wholly consistent with the provisions of
federal law under Section 931 of the Mental Health Code; and
the request is accompanied by documentation of the organization’s
designation by the State
6. How may I challenge the denial of a public record or an excessive fee?
Appeal of a Denial of a Public Record
If you believe that all or a portion of a public record has not been disclosed or has
been improperly exempted from disclosure, you may file an appeal of the denial with
the Otsego County Board of Commissioners. The appeal must be in writing,
specifically state the word “appeal” and identify the reason or reasons you are seeking
a reversal of the denial. The County may create a FOIA Appeal Form, which, if
created, will be available on the County’s website.
Within 10 business days of receiving the appeal the Otsego County Board of
Commissioners will respond in writing by:
reversing the disclosure denial;
upholding the disclosure denial; or
reverse the disclosure denial in part and uphold the disclosure denial in
part.
Whether or not you submitted an appeal of a denial to the Board of Commissioners,
you may file a civil action in the Otsego County Circuit Court within 180 days after the
County’s final determination to deny your request. Should you prevail in the civil action
the court will award you reasonable attorneys’ fees, costs and disbursements. If the
court determines that the County acted arbitrarily and capriciously in refusing to
disclose or provide a public record, the court shall award you damages in the amount
of $1000.00
Appeal of an Excessive FOIA Processing Fee
If you believe that the fee charged by the County to process your FOIA request
exceeds the amount permitted by state law, you must first submit a written appeal for a
6
fee reduction to the Otsego County Board of Commissioners. The appeal must be in
writing, specifically state the word “appeal” and identify how the required fee exceeds
the amount permitted. The County may create a FOIA Fee Appeal Form, which, if
created, will be available on the County’s website.
Within 10 business days after receiving the appeal, the Otsego County Board of
Commissioners will respond in writing by:
waiving the fee;
reducing the fee and issue a written determination indicating the specific
basis that supports the remaining fee;
upholding the fee and issue 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 Otsego County
Board of Commissioners will respond to the written appeal.
Within 45 days after receiving notice of the Board of Commissioner’s determination of
the processing fee appeal, you may commence a civil action in Otsego County Circuit
Court for a fee reduction. If you prevail in the civil action by receiving a reduction of
50% or more of the total fee, the court may award all or appropriate amount of
reasonable attorneys’ fees, costs and disbursements. If the court determines that the
County acted arbitrarily and capriciously by charging an excessive fee, court may also
award you punitive damages in the amount of $500.00.
Need more details or information?
This is only a summary of Otsego County’s FOIA Procedures and Guidelines. For more
details and information, copies of the Otsego County’s FOIA Procedures and Guidelines are
available at no charge at any County office and on the County’s website,
www.otsegocountymi.gov.
Adopted June 9, 2015
Otsego County
Otsego County Building
225 W. Main, Gaylord, MI 49735
Phone: (989) 731-7520 Fax: (989) 731-7529
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 county: ________________________________________________________________
Note: The county is not required to provide records in a digital format or on digital media if the county 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 County’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 county 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 county’s
response time for this request until: ________________ (month, day, year).
Requestor’s Signature
Date
Name
Phone
Firm/Organization
Fax
Street
Email
City
Zip
(Complete both sides)
County: 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
county may complete one for
recordkeeping if not used.
Records Located on Website
If the county 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 county 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 county 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 county 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 county must provide the public records in the
specified format (if the county 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 County Website
I hereby stipulate that, even if some or all of the records are located on a county website, I am requesting that the county 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 county 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 county’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 the FOIA 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 County 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 county.
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:
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OTSEGO COUNTYS WRITTEN PUBLIC SUMMARY OF FOIA PROCEDURES (County of Otsego)

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Completed 18 July 2020

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