HomeMy WebLinkAboutResolutions - 1977.04.28 - 13043April 28, 1977
RESOLUTION NO. 7940
RE: EXEMPTION FROM DISCLOSURE
OF RECORDS
BY: GENERAL GOVERNMENT COMMITTEE
TO: THE OAKLAND COUNTY BOARD OF COMMISSIONERS
MR. CHAIRMAN, LADIES AND GENTLEMEN:
WHEREAS, Act 442 of the Public Acts of 1976, known as the
"Freedom of Information Act", provides that certain public records
may be exempt from disclosure; and
WHEREAS, Section 13 of said Act lists the information and
records that may be exempt from disclosure; and
WHEREAS, it is to the benefit of the employees of the County
of Oakland, Law Enforcement Investigations and many other records,
that the exemptions as set forth in Section 13 be adopted.
NOW THEREFORE BE IT RESOLVED that pursuant to the provisions
of Section 13 of Act 442 of the Public Acts of 1976, the following
information and records be and the same are hereby exempt from
disclosure:
"(a) Inforticn of -z ,ersonal nature where the public disclosure
of the information would constitute a clearly unwarranted invasion
of an individual's privacy.
(b) Investigating records compiled for law enforcement purposes,
but only to the extent that disclosure as a public record would do
the following:
(i) Interfere with law enforcement proceedings.
(ii) Deprive a person of the right to a fair trial or impartial
administrative adjudication.
(iii) Constitute an unwarranted invasion of personal privacy.
(iv) Disclose the identity of a confidential source, or if the
record is compiled by a criminal law enforcement agency in the
course of a criminal investigation, disclose confidential in-
formation furnished only by a confidential source.
(v) Disclose law enforcement investigative techniques or
procedures.
(vi) Endanger the life or physical safety of law enforcement
personnel.
(c) A public record which if disclosed would prejudice a public
body's ability to maintain the physical security of custodial or
penal institutions occupied by persons arrested Or convicted of
a crime admitted because of a mental disability, unless the public
interest in disclosure under this act outweighs the public interest
in nondisclosure.
(d) Records or information specifically described and exempted
from disclosure by statute.
(e) For purposes of this Resolution, this section has been omitted.
(f) A public record or information described in this section
which is furnished by the public body originally compiling, pre-
- paring, or receiving the record or information to a public officer
or public body in connection with the performance of the duties of
that public officer or public body, if the considerations originally
giving rise to the exempt nature of the public record remain
applicable.
(g) Trade secrets or commercial or financial information voluntarily
provided to an agency for use in developing governmental policy if:
(i) The information is submitted upon a promise of confidentiality
by the public body.
(ii) The promise of confidentiality is authorized by the chief
administrative officer of the public body or by an elected official
at the time the promise is made.
(iii) A description of the information is recorded by the public
body within a reasonable time after it has been submitted, maintained
in a central place within the public body, and made available to a
person upon request. This subdivision shall not apply to information
submitted as required by law or as a condition of receiving a govern-
mental contract, license, or other benefit.
(h) Information or records subject to the attorney-client privilege.
(i) Information or records subject to the physician-patient, psychologist-
patient, minister, priest or Christian science practitioner, or other
privilege recognized by statute or court rule.
(j) A bid or proposal by a person to enter into a contract or agreement,
until the time for the public opening of bids or proposals, or if a
public opening is not be conducted, until the time for the receipt
of bids or proposals has expired.
(k) Appraisals of real property to be acquired by the public body
until (i) an agreement is entered into; or (ii) 3 years has elapsed
since the making of the appraisal, unless litigation relative to
the acquisition has not yet terminated.
(1) Test questions and answers, scoring keys, and other examination
instruments or data used to administer a license, public employment,
or academic examination, unless the public interest in disclosure
under this act outweighs the public interest in nondisclosure.
(m) Medical, counseling or psychological facts or evaluations
concerning an individual if the individual's identity would be
revealed by a disclosure of those facts or evaluation.
(n) Communications and notes within a public body or between
public bodies of an advisory nature to the extent that they cover
other than purely factual materials and are preliminary to a final
agency determination of policy or action. This exemption shall not
apply unless the public body shows that in the particular instance
the public interest in encouraging frank communcations between
officials and employees of public bodies clearly outweighs the public
interest in disclosure. This exemption does not constitute an ex-
emption under state law for purposes of section 8(h) of Act No. 267
of the Public Acts of 1976, being section 15.268 of the Michigan
Compiled Laws. As used in this subdivision, "determination of policy
or action" includes a determination relating to collective bargaining,
unless the public record is otherwise required to be made available
under Act No. 336 of the Public Acts of 1947, as amended, being sections
420.201 to 423.216 of the Michigan Compiled Laws.
(o) Records of law enforcement communication codes, or plans for
deployment of law enforcement personnel, which if disclosed would
prejudice a public body's ability to protect the public safety unless
the public interest in disclosure under this act outweighs the public
interest in nondisclosure in the particular instance.
(p) For purposes of this Resolution, this section has been omitted.
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(q) Testing data developed by a public body in determining whether
bidders' products meet the specifications for purchase of those
products by the public body, if disclosure of the data would reveal
that only I bidder has met the specifications. This subdivision shall
not apply after 2 year has elapsed from the time the public body com-
pletes the testing.
(v) For purposes of this Resolution, this section has been omitted.
(t) Unless the public interest in disclosure outweighs the public
interest in nondisclosure in the particular instance, public records
of a police or sheriff's agency or department, the release of which
would do any of the following:
(i) Identify or provide a means of identifying an informer.
(ii) Identify or provide a means of identifying a law enforcement
undercover officer OP agent or a plain clothes officer as a law en-
forcement officer or agent.
(iii) Disclose the personal address or telephone number of law
enforcement officers or agents or any special skills that they may have.
(iv) Disclose the name, address, or telephone numbers of family
members, relatives, children, or parents of law enforcement officers
or agents.
(v) Disclose operational instructions for law enforcement officers
or agents.
(vi) Reveal the contents of staff manuals provided for law enforce-
ment officers OP agents.
(vii) Endanger the life or safety of law enforcement officers or
agents or their families, relatives, children, parents, or those
who furnish information to law enforcement departments or agencies.
(viii) Identify or provide a means of identifying a person as a
law enforcement officer, agent, or informer.
(ix) Disclose personnel records of law enforcement agencies.
(x) Identify or provide a means of identifying residences which Law
enforcement agencies are requested to check in the absence of their
owners or tenants."
(2) For purposes of this Resolution, this section has been omitted.
The General Government Committee, by Mr. Robert W. Page,
Chairman, moves the adoption of the foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
Rabert W. Page, Chairman
#7940 April 28, 1977
Moved by Page supported by Pernick the resolution be adopted.
AYES: Simson, Wilcox, Aaron, Daly, DiGiovanni, Doyon, Fortino, Gabler, Gorsline,
Hoot, Kasper, Kelly, Lanni, McConnell, McDonald, Moffitt, Montante, Moxley, Murphy,
Olson, Page, Patterson, Perinoff, Pernick, Peterson, Price, Roth. (27)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lynn D. Allen, Clerk of the County of Oakland and
having a seal, do hereby certify that I have compared the annexed copy of
Miscellaneous Resolution #7940 adopted by the Oakland County Board of
Commissioners at their meeting held on April 28, 1977
with the original record thereof now remaining in my
office, and that it is a true and correct transcript
therefrom, and of the whole thereof.
In Testimony Whereof, I have hereunto set my hand and
affixed the seal of said County at Pontiac, Michigan
this
Lynn D. Al lam Clerk
By 1-)plity Clerk