Fillable Southwestern Michigan Colleges FOIA Appeal FormTo Appeal a (Southwestern Michigan College)

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Southwestern Michigan Colleges FOIA Appeal FormTo Appeal a (Southwestern Michigan College)

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Southwestern Michigan College’s
FOIA Appeal Form—To Appeal a Denial of Records
Michigan Freedom of Information Act, Public Act 442 of 1976, MCL 15.231, et seq.
Reque
st No.: __________ Date Received: ___________ Check if received via: Email Fax Other Electronic Method
Date discovered in junk/spam folder: _______________ Date delivered to junk/spam folder: _______________
Reque
st 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 College: ________________________________________________________________
Note
: The College is not required to provide records in a digital format or on digital media if the College does not already have the
technological capability to do so.
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: ______________
College Response:
The College must provide a response within 10 business days after receiving this appeal, including a determination or taking one 10-day extension.
College 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: ______________________________________________________________________
College 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 College’s President 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 College 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:
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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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Southwestern Michigan Colleges FOIA Appeal FormTo Appeal a (Southwestern Michigan College)

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Completed 2 October 2020

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