HomeMy WebLinkAboutResolutions - 2016.02.04 - 22186February 4, 2016 MISCELLANEOUS RESOLUTION . #16019
BY: General Government Committee, Christine Long, Chairperson
IN RE: BOARD OF COMMISSIONERS — REVISION TO THE FREEDOM OF INFORMATION ACT
PROCEDURES AND GUIDELINES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners supports transparency in government and
ensuring the public has access to information about the County; and
WHEREAS Oakland County has maintained a policy of providing public records subject to disclosure
under the Freedom of Information Act ("FOIA"), Public Act 422 of 1976 ("the Act"), to individuals
requesting such records; and
WHEREAS FOIA requires public bodies to establish procedures and guidelines to implement the fee
requirements, provide a public summary of the procedures and guidelines explaining how to submit
written requests for public records and the deposit requirements, fee calculations and avenues to appeal
fees; and
WHEREAS FOIA requires public bodies to use a standard form to show a detailed itemization of any fees
charged. Public Bodies may also use a form created by the Michigan department of technology,
management and budget or create a form of their own that complies with FOIA; and
WHEREAS when the Oakland County Board of Commissioners adopted Miscellaneous Resolution
#15143 on May 21, 2015, it formally established procedures and guidelines for responding to written
FOIA requests and approved the use of a standard invoice form if payment is required; and
WHEREAS to provide greater transparency to the public and to maintain a comprehensive record of FOIA
requests and responses, the County contracted with WebQA Inc. on August 5, 2015, to provide an on-line
portal to enable the public to submit FOIA requests electronically and review an archive of FOIA
responses. The system enhances the efficiency of County departments in responding to FOIA requests.
The system became operational on December 8, 2015 and is being used by all County departments
except the Prosecutor and Water Resources Commissioner; and
WHEREAS the system created by WebQA does not currently have the functionality to populate the
invoice that was adopted in Miscellaneous Resolution #15143 but is able to provide the detailed cost
itemization required by FOIA inside a standard letter template; and
WHEREAS the County wishes to have the flexibility to provide a detailed cost itemization in a letter
template or an invoice, if one may be used in the system in the future.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners adopts and
amends its FOIA policy and procedures to clarify that a detailed itemization of costs must be provided if
fees are to be charged, without requiring the use an invoice as the only means to display these costs and
hereby adopts the attached documents: 1) an updated FOIA Procedures and Guidelines and 2) an
updated FOIA Procedures and Guidelines Public Summary.
BE IT FURTHER RESOLVED that the documents shall be updated on the County's website.
Chairperson, on behalf of the General Government Committee, I move adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
GENERAL GOVERNMENT COMMITTEE
Motion carried unanimously on a roll call vote with Fleming and Woodward absent.
Revised 2/25/16
COUNTY OF OAKLAND
• FOIA PROCEDURES AND GUIDELINES
Oakland County is committed to complying with requests for public records in accordance with
the Michigan Freedom of Information Act, MCL 15.231 et seq (FOIA). Current laws, rates, and
factors are subject to change. If there are any discrepancies between this document and the actual
law, the provisions of the law govern.
1. Availability of Procedures and Guidelines. and Its Summary
Online. These procedures and guidelines, and its summary, can be found on Oakland County's
website, www.oakgov.com .
Upon Request. Visitors at Oakland County's offices may request a free paper copy.
With FOIA Response. When responding to a FOIA request, Oakland County will either provide
a free copy or include the website link to these documents in its FOIA response.
2. Records Under FOIA
Subject to Disclosure. Records that are prepared, owned, used, in the possession of, or retained
by Oakland County in the perfounance of an official function are subject to disclosure under
FOIA. Computer software is not subject to disclosure.
Judiciary and County Clerk Not Subject to FOIA. In accordance with MCL 15.232(d)(v), the
following entities are not public bodies subject to FOIA:
Oakland County Circuit Court.
52-1, 52-2, 52-3 and 52-4 District Courts.
Judges.
The Oakland County Clerk's Office when acting in the capacity of clerk to the Circuit
Court.
Not Required to Create New Record. Oakland County is not required to create a new record,
including any compilation, summary, or report of information that does not already exist.
Exemptions. Oakland County may exempt a record (or part of a record) from disclosure if it
falls under one of the exemptions listed in MCL 15.243.
http://legislature.mi.govidoc.aspx ?mc1-15-243
3. FOIA Requests
Who May Request. Only an individual, corporation, limited liability company, partnership,
firm, organization, association, governmental entity, or other legal entity may make a FOIA
request. An individual serving a sentence of imprisonment in a state, county, or federal
correctional facility may not make a FOIA request.
OAKLAND COUNTY FOIA PROCEDURES AND GUIDELINES Page 1
Revised 2/25/16
FOIA Coordinator. The Office of Corporation Counsel has been designated as the FOIA
Coordinator for all Executive Departments and the Board of Commissioners. Each County
Department run by an elected official may appoint their own FOIA Coordinator at any time or
consent to the Corporation Counsel as their FOIA Coordinator. FOIA requests made to the
Corporation Counsel may be mailed to the Office of Corporation Counsel, FOIA Coordinator,
1200 N. Telegraph Road, Building 14 E, Pontiac, MI 48341-0419, faxed to (248) 858-1003, or
emailed to FOIA@oakgov.com. FOIA Coordinator information for the County's elected
officials will be posted within the County and on the County website as well as the individual
Departments' website.
How to Request. FOIA requests must be made in writing and describe the record(s) with enough
particularity for Oakland County to locate the record(s). In addition, please provide a phone
number and email address so that, if necessary, Oakland County can contact the requester to
clarify a request. FOIA requests can be sent by mail, email, or fax to any Oakland County
department that may possess the record(s) sought, to the attention of FOIA Coordinator.
Receipt of Request by Oakland County Employee. If an Oakland County employee receives a
verbal request for information that, to the best of the employee's knowledge is available on
Oakland County's website, the employee must inform the requestor of this and provide the
website address. If an Oakland County employee receives a written FOIA request, he or she must
promptly forward it to the FOIA Coordinator.
Requests Delivered to Spam/Junk-Mail. An emailed FOIA request delivered to a spam/junk-
mail folder is not received by Oakland County until one day after the FOIA Coordinator first
becomes aware of the request. The FOIA Coordinator will keep a record of the time that the
request was delivered and the time that the FOIA Coordinator first became aware of the request.
Retention. The FOIA Coordinator will keep a copy of all written FOIA requests on file for at
least one year.
4. FOIA Responses
Generally. Oakland County will respond to a FOTA request within five business days after it
receives the request by doing one of the following:
- Granting the request.
- Issuing a written notice to the requesting person denying the request.
Granting the request in part and denying the request in part.
Issuing a notice extending for not more than ten business days the amount of time Oakland
County may take to grant or deny the request. Oakland County will not issue more than
one extension per request. Oakland County will also indicate in the notice the estimated
amount of time for granting or denying the request.
Redactions. If a record contains material that is not exempt from disclosure as well as material
that is exempt from disclosure, Oakland County will separate the exempt and nonexempt
material and provide the requestor with the non-exempt material.
OAKLAND COUNTY FOIA PROCEDURES AND GUIDELINES Page 2
Revised 2/25/16
JDenials. If Oakland County denies all or part of a FOIA request, it will issue a signed, written
notice that provides:
The reason under FOIA, or other statute, for the denial.
- If no record exists, a statement that the record does not exist under the name given by the
requester or by another name reasonably known to Oakland County.
If Oakland County provides only part of a record, a general description of the material
redacted, unless doing so would reveal the contents of the exempt information and thus
defeat the purpose of the exemption.
An explanation of a requestor's further rights as indicated in MCL 15.235(d) and (e).
Providing Record Electronically. Oakland County will provide a record electronically if asked
by the FOIA requestor and the County Department possesses the technological capacity to do so.
5. FOIA Fees
Invoice. Oakland County may charge a fee for fulfilling a FOIA request. Oakland County may
also require a 50% good-faith deposit if an estimated fee exceeds $50.00. When charging a fee or
requiring a deposit, Oakland County will provide the requestor with a detailed itemization of
the allowable charges for each of the six fee components, if applicable, within Oakland County's
standard FOIA response letter or in another form that complies with FOIA.
Allowed Fees. Unless permitted otherwise by law, Oakland County may only charge for:
The labor costs for searching, locating, examining, and redacting public records. Oakland
County will not charge more than the hourly wage of its lowest-paid employee capable of
performing these tasks, and may apply up to a 50% fringe benefit multiplier. Oakland
County will calculate these labor costs using time increments of 15 minutes or more, with
all partial time increments rounded down. Oakland County will not charge for redacting
if it previously redacted the record and the redacted version is still in Oakland County's
possession. Oakland County will not charge for searching, locating, examining, and
redacting unless these labor costs exceed $50,00. Oakland County will provide a
requestor with an estimate of these labor costs in compliance with FOIA.
The labor costs for copying or printing records, and for transferring records to an
electronic format. Oakland County will not charge more than the hourly wage of its
lowest-paid employee capable of performing these tasks and may apply up to a 50%
fringe benefit multiplier. Oakland County will calculate these labor costs using time
increments of 15 minute or more, with all partial time increments rounded down.
The actual and most reasonably economical cost of computer discs, computer tapes, or
other digital media storage devices for records provided electronically.
- Paper copies of records, which will not exceed 10 cents per page for standard sized paper.
Oakland County will use the most economical means available for making paper copies,
including using double-sided printing.
- Mailing costs, which may include the least expensive form of postal delivery
confirmation. Oakland County will not charge for expedited shipping or insurance unless
the requestor asks for expedited shipping or insurance.
OAKLAND COUNTY FOIA PROCEDURES AND GUIDELINES Page 3
Revised 2/25/16
Record Already on Website. If Oakland County knows that a requested record is available on
its website, it will send a written response that notifies the requestor of this fact and provides the
specific webpage address for the record. Oakland County will not charge any fees for this, but
will indicate in its response what the fee would be if the requester wants a copy either printed or
in an electronic format. Oakland County will provide a copy of the record upon request and for
the fee, which may include a 100% fringe benefit multiplier for any labor costs.
Fee Reduction for Late Response. If Oakland County provides a late response, it will reduce
labor costs by 5% for each day late, with a maximum 50% reduction. Oakland County will
indicate the reduction to the requestor.
Effect of Non-Payment. If (1) an individual does not fully pay for records that Oakland County
made available on time, subject to payment, (2) 90 days have passed since Oakland County
notified the individual in writing that the records were available, (3) Oakland County provided
an estimate for the request, and (4) the final fee did not exceed 105% of the estimated fee, then
for the next 365 days after the first request was made, Oakland County may require a 100%
estimated fee deposit before it commences to fulfill another request from that individual.
Oakland County will no longer require a 100% estimated fee deposit if it is subsequently paid in
full for the first request.
Fee Waivers. Oakland County may provide records without charge, or at a reduced charge, if it
determines that doing so is in the public interest. Oakland County will also waive the first $20.00
of a fee if:
An individual who is entitled to information under this act submits an affidavit stating
that the individual is indigent and receiving specific public assistance or, if not receiving
public assistance, stating facts showing inability to pay the cost because of indigency.
Oakland County will note the $20 discount in the FOIA Response. If a requestor is
ineligible for the discount, Oakland County will explain to the requestor the reason for
ineligibility in its written response. A requestor is ineligible if: (1) Oakland County has
already provided the requestor with discounted copies of public records twice during that
calendar year, or (2) the request is made in conjunction with outside parties who are
offering or providing payment to the individual to make the request. Oakland County
may require the requestor to provide an affidavit stating that the request is not being
made in conjunction with outside parties in exchange for payment.
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 2000, 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 meets all of the
following: (1) is made directly on behalf of the organization or its clients, (2) 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, and (3) is accompanied by
documentation of its designation by the state, if requested by Oakland County.
OAKLAND COUNTY FOIA PROCEDURES AND GUIDELINES Page 4
Revised 2/25/16
6. FOIA Appeals
Appeal of FQIA Dpial. Denial of a FOIA request may be appealed to the head of the public
body that denied the FOIA request (i.e., a FOIA request denied by the FOIA Coordinator of an
elected official may be appealed to the elected official responsible for that department.)
For appeals, the requestor should submit a written appeal that specifically states the
word "appeal" and identifies the reason(s) for reversal. Within ten business days after
receiving the appeal, the head of the public body will do one of the following: (1)
reverse the denial, (2) uphold the denial, (3) reverse the denial in part and uphold the
denial in part, or (4) under unusual circumstances, issue a notice extending up to ten
business days the period during which the department head will decide the written
appeal. The head of the public body will not issue more than one extension per appeal.
A requestor may appeal a denial of a FOIA request by a FOIA Coordinator, or by the
head of a public body, by commencing a civil action.
Appeal of FOIA Fee. The amount charged for a FOIA fee may be appealed to the head of the
public body that requested the fee in response to the FOIA request. (i.e., a FOIA fee requested by
the FOIA Coordinator of an elected official may be appealed to the elected official responsible
for that department.
The requestor should submit a written appeal that specifically states the word "appeal"
and identifies how the required fee exceeds the amount permitted under the public body's
available procedures and guidelines for FOIA. Within ten business days after receiving
the appeal, the head of the public body will do one of the following: (1) waive the fee, (2)
reduce the fee and issue a written determination to the requesting person indicating the
specific basis under FOIA that supports the remaining fee; the determination will include
a certification that the statements in the determination are accurate and that the reduced
fee amount complies with these procedures and guidelines and FOIA, (3) uphold the fee
and issue a written determination to the requesting person indicating the specific basis
• under FOIA that supports the fee; the determination will include a certification that the
statements in the determination are accurate and that the fee amount complies with these
procedures and guidelines and FOIA, (4) issue a notice extending up to ten business days
the period during which the head of the public body must respond to the written appeal.
The head of the public body will not issue more than one extension per appeal.
A requester may appeal the decision regarding a FOIA fee by commencing a civil action.
A requestor may not commence a civil action regarding a FOIA fee unless he or she first
appealed the fee to the head of the public body.
OAKLAND COUNTY FOIA PROCEDURES AND GUIDELINES Page 5
Revised 2/04/16
COUNTY OF OAKLAND
FOIA PROCEDURES AND GUIDELINES PUBLIC SUMMARY
Oakland County is committed to complying with requests for public records in accordance with
the provisions of the Michigan Freedom of Information Act (FOIA). All FOIA requests will be
processed according to the requirements of FOIA and Oakland County's Procedures and
Guidelines. This document is a summary of Oakland County's Procedures and Guidelines, which
can be found at www.oakgov.com .
RECORDS
• Public records may be available on Oakland County's website without charge.
• Certain types of public records are exempt from disclosure under FOIA. Courts are not
subject to FOIA.
REOUESTS AND RESPONSES
• FOIA requests should be made in writing and should describe the record(s) sought
sufficiently enough for Oakland County to find it. It is also helpful to provide a phone
number and/or email address so that, if necessary, Oakland County can contact the requester
to clarify a request.
• FOIA requests can be sent by mail, email, or fax to any Oakland County department that may
possess the record(s) sought, to the attention of "FOIA Coordinator."
• Oakland County will respond to a request within 5 business days after receipt by granting,
denying, partially granting and partially denying, or extending far up to 10 business days the
amount of time for granting or denying a request.
• If Oakland County denies all or part of a request, it will explain the reason for doing so in its
written response.
FEES
• Oakland County may charge a fee for fulfilling a FOIA request. Oakland County may also
require a 50% good-faith deposit if an estimated fee exceeds $50.00.
• When charging a fee or requiring a deposit, Oakland County will provide the requestor with a
detailed itemization of the allowable charges permitted by FOIA.
• The charges will comply with Oakland County's Procedures and Guidelines and FOIA.
APPEALS
• FOIA denials may be appealed to the head of the Oakland County department that denied
the request or by commencing a civil action.
• The amount charged for a FOIA fee may be appealed to the head of the Oakland County
department that denied the request. A civil action may not be commenced unless the
requestor first appealed the fee to the department head.
Resolution #16019 February 4, 2016
Moved by Kochenderfer supported by Quarles the resolutions (with fiscal notes attached) on the
amended Consent Agenda be adopted (with accompanying reports being accepted).
AYES: Dwyer, Fleming, Gershenson, Gingell, Gosselin, Hoffman, Jackson, Kochenderfer,
KowaII, Long, McGillivray, Middleton, Quarles, Scott, Spisz, Taub, Weipert, Zack, Bowman,
Crawford. (20)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended
Consent Agenda were adopted (with accompanying reports being accepted).
HERM APPPIOVE THIS HESOLUTION
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANT TO MCL 45.559A (7)
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and
accurate copy of a resolution adopted by the Oakland County Board of Commissioners on February 4,
2016, with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at
Pontiac, Michigan this 41h day of February, 2016.
Lisa Brown, Oakland County