District Freedom of Information Act Guidelines

The District has five business days to respond to a written request for public records. However, if the request was sent by email and delivered to the District’s spam or junk mail folder, the request is not considered received until the first day after the District actually becomes aware of it. The District must, in such cases, note the time the request was delivered to its spam or junk mail folder and the time it first became aware of the request. All written requests will be time-stamped upon receipt, and the date of the request and the date it is discovered will be documented on the response form. The District may extend the time for responding by up to 10 business days if the nature of the request justifies an extension by so notifying the person who made the request, in writing of the reasons for the extension and the estimated date by which the District will send its final determination.

Granting a Request

The District’s FOIA coordinator will grant a request for public records by so notifying the requestor in a timely manner and in writing. If a requested public record is available to the general public on the District’s website, the FOIA coordinator must notify the requestor in the District’s written response that all or a portion of the requested information is available on the District’s website. The specific website address where the information can be found must also be provided. If a requestor still wants copies of those records after being notified of their availability online, the requestor may be charged for the records in accordance with the fee components itemized in this Guidelines document, except the fringe benefit multiplier may be greater than 50% if the District has calculated the fringe benefit multiplier to be greater than 50%. The District’s failure to grant a request in a timely manner is a denial of the request if: the late response is willful and intentional; or, the written request conveyed a request for information within the first 250 words or the request included the words, characters or abbreviations for “freedom of information,” “information,” “FOIA,” or a recognizable misspelling of such, or appropriate legal code reference on the front of the envelope or the subject line of the request.

Denying a Request

The District’s FOIA coordinator may deny a request if the request is not specific enough to allow the District to locate the public records in question by so certifying that fact to the requestor in writing. The District’s FOIA coordinator may also deny a request if the requested public records are exempt from disclosure under the Act. If only part of a public record is exempt, the FOIA coordinator will redact the exempt part and, otherwise, grant the request (deemed a denial in part). Regardless, the FOIA coordinator’s denial must be in writing, specific enough to permit a reasonable person to understand the basis or bases for the denial, whether exempt information was redacted and, if so, the basis or bases for redaction. A denial, in whole or in part, must also include a full explanation of the requestor’s appeal rights and, in addition, a link to the District’s website, where this Guidelines document and a Public Summary will be kept publicly available.

The District may require a good-faith deposit from a requestor before providing public records if the total allowable fees exceed $50.00 and the District provides the requestor with an estimate of total allowable fees using the Detailed Fee Itemization form. The good-faith deposit may not exceed 50% of the total allowable fees and costs. The District’s request for a good-faith deposit will include notice of the date by which the deposit must be received, which date is 48 days after the date the notice is sent, as well as a reasonable and best efforts estimate of the time frame within which the District will provide public records after receiving the good-faith deposit. If the requested deposit is not received by the District within 45 days from receipt by the requestor (deemed to be 3 days after the deposit request was sent), and the requestor has not filed an appeal of the deposit amount pursuant to the appeal provisions of the Act (set forth below), the request is considered abandoned and the District is no longer required to fulfill the request. The District will require a good-faith deposit of 100% of the estimated fee before it begins a full public record search for a person who has previously failed to pay allowable fees in full if: the final allowable fees for the prior written request were not more than 105% of the total estimated fees; the public records made available contained the information sought in the prior written request and are still in the District’s possession; the public records were made available to the individual, subject to payment, within the time frame estimate for the prior request; 90 days have passed since the District notified the individual in writing that the public records were available for pickup or mailing; the individual is not able to show proof of prior payment; and, the District calculates a detailed itemization of fees that is the basis for the increased estimated fee deposit. However, the District may not insist on an increased good-faith deposit if: the requestor shows proof of prior payment; the District is paid in full for the prior request; or, 365 days have passed since the requestor made the request for which full payment was not remitted.

Generally, FOIA does not permit the District to charge labor costs for searching for, locating, examining, separating, or reproducing public records unless a failure to charge a fee would result in unreasonably high costs to the District because of the nature of the request in the particular instance and the District specifically identifies the nature of these unreasonably high costs. Unreasonably high costs will be deemed to occur, and will be charged, at the point when an employee spends 15 minutes or more to search for, locate, examine, and/or redact the requested record(s). Examples of requests that may cause such unreasonably high costs include, but are not limited to: voluminous requests, requests that require time consuming searches, significant separation or redaction of exempt documents or information, significant IT personnel time, etc. In cases where labor costs are allowable, they will be charged according to these Guidelines. Employees should track the amount of time they spend on each request in increments of 15 minutes, rounding down if the final increment is less than 15 minutes, except the time spent actually making copies (using any media) should be kept in increments of 6 minutes, also rounding down if the final increment is less than 6 minutes.

Searching for, Locating and Examining Public Records

The District may charge labor costs directly associated with searching for, locating and examining requested public records in conjunction with receiving and fulfilling a granted request. Except as provided by the Act, the District may not charge labor costs for searching for, locating and examining public records that are on the District’s web site at the time the request is made.

Separating or Deleting Exempt Information

The District may charge labor costs directly associated with separating or deleting information that is exempt from disclosure under the Act, unless the District has previously redacted the public record(s) and the redacted version is still in the District’s possession. The District will not charge for separating documents that are available on its web site.

Reproducing Information

The District may charge labor costs directly associated with duplicating or publishing public records. This includes the time spent making paper copies, making digital copies and transferring public records to non-paper physical media or through the internet or other electronic means, if so requested.

Limitations on Labor Costs

Subject to the Itemization of Allowable Fees section of these Guidelines, the District may charge no more than the hourly rate and actual fringe benefits of the lowest paid employee capable of performing the particular task for which the District may charge labor costs (finding the records, redacting the records, and copying the records), even if the District assigns a more highly paid employee to perform the task. That charge should then be multiplied by the fringe benefits multiplier calculated by the District (different multipliers may apply to different employee categories) in order to recoup the District’s fringe benefit costs up to 50% of the employee’s hourly rate, whichever is less. The District may not charge overtime except at the request or stipulation of the requestor, and overtime wages may not be used to calculate the fringe benefit multiplier. If the District’s FOIA coordinator determines that no District employee is capable of separating or deleting exempt information with respect to a particular request, the District may hire contracted labor to perform the task. In such cases, the District will calculate the time spent by the contracted labor in the same manner it calculates the time of its own employees and the charge for the contracted labor will not exceed six times Michigan’s minimum wage.

The District may charge the actual cost of mailing requested public records and the least expensive method of confirming delivery. The District may not charge for expedited shipping or insurance unless specifically requested by the requestor.

The District will reduce otherwise permitted labor charges by 5% per day (to a maximum of 50%) for each day the District’s response is untimely if: the late response was willful and intentional; or, the written request conveyed a request for information within the first 250 words or the request included the words, characters or abbreviations for “freedom of information,” “information,” “FOIA,” “copy,” or a recognizable misspelling of such, or appropriate legal code reference for the Act on the front of the envelope or the subject line of the request. If a charge reduction is required for an untimely response, the District will fully note the charge reduction on the detailed fee itemization form.

Non-paper Physical Media

The District may charge the actual and most reasonably economical cost of reproducing public records on nonpaper physical media (e.g., computer discs, computer tapes or other digital or similar media). The District is not required to reproduce public records on nonpaper physical media if it does not have the technology necessary to do so. In order to ensure the integrity and security of the District’s technological infrastructure, the District will procure any requested non-paper media and will not accept or utilize any non-paper media from the requestor.

Paper Copies

The District may charge the actual incremental cost of reproducing paper copies of public records using the most economical means available (e.g., double sided copies, if double sided copies are available and more economical than single sided copies). In no case will the District charge more than 10 cents per sheet. The District will not charge copying costs for copying documents on its web site or the on-site inspection of public records unless the requestor requests paper copies.

The District may waive or reduce allowable fees if the District determines a waiver or reduction is in the public interest.

Indigence

The District will discount allowable fees by $20.00 to a requestor who submits an affidavit stating that he or she is indigent and receiving specific public assistance or, if not receiving public assistance, stating facts showing inability to pay the cost because of indigency. If the District determines a requestor who submits such an affidavit is not eligible for the discount, the District’s written response will inform the requestor specifically of the reason(s) for ineligibility. An individual is ineligible for this fee reduction if: the requestor has already received discounted copies from the District twice during the calendar year; or, the requestor has been offered or received payment or other remuneration by or from another person. The requestor’s affidavit must include a statement indicating that the request is not being made in conjunction with outside parties in exchange for payment or other remuneration.

Protection and Advocacy

The District will discount allowable fees and costs by $20.00 if the requestor is 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 200, 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 is made directly on behalf of the organization or its clients, is made for a reason wholly consistent with the mission and provisions of those laws under Section 931 of the Michigan Mental Health Code, MCL 330.1931, and the request is accompanied by documentation of its designation by the state.

An appeal to the Superintendent must include the word “appeal” and identify the reason(s) the Superintendent should reverse the denial or how the fee exceeds the amount permitted by this Guidelines document or the Act. The Superintendent will respond to the appeal, in writing, within 10 business days by: (1) reversing the denial or waiving the fees; (2) upholding the denial or fee or reversing the denial or fee, in part, and upholding the denial or fee, in part; or issuing not more than one notice, with detailed reason(s), extending his/her time for responding to the written appeal by not more than 10 additional business days. If the appeal is based on the District’s calculation of fees and the Superintendent upholds the calculation, in whole or in part, the Superintendent must certify that the statements in the fee appeal determination are accurate and that the fee amount complies with this Guidelines document and the Act.

If the requestor prevails in a civil action concerning the timely provision of public records, he or she is entitled to reasonable attorneys’ fees, costs and disbursements. If the requestor or the District prevails in part the court may, in its discretion, award all or an appropriate portion of reasonable attorneys’ fees, costs and disbursements. Additionally, if the court determines the District has arbitrarily and capriciously violated the Act refusal or delay in disclosing or providing copies of a public record, the court will order the District to pay a civil fine of $1,000.00, which will be deposited in the Department of Treasury’s general fund, and, in addition to any actual or compensatory damages, punitive damages to the person seeking the right to inspect or receive a copy of a public record in the amount of $1,000.00. If the requestor prevails in an action concerning the District’s calculation of allowable fees 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 attorneys’ fees, costs and disbursements. If the court determines the District has arbitrarily and capriciously violated the Act by charging an excessive fee, the court will order the District to pay a civil fine of $500.00, which will be deposited in the Department of Treasury’s general fund, and, in addition to any actual or compensatory damages, the court may also award punitive damages to the person seeking the fee reduction in the amount of $500.00. Separately, if the court determines the District willfully and intentionally failed to comply with the Act or has otherwise acted in bad faith, the court will order the District to pay a civil fine of not less than $2,500.00 and not more than $7,500.00 per occurrence, which will be deposited in the Department of Treasury’s general fund. A civil action based on the District’s calculation of allowable fees must be filed within 45 days of receiving the completed Detailed Itemization of Allowable FOIA Fees form or within 45 days of the Superintendent’s decision concerning an appeal. If the requestor files a civil action based on the District’s calculation of allowable fees, the District is not required to continue processing the request until the court resolves the fee dispute.