HomeMy WebLinkAboutResolutions - 1996.02.15 - 247451- ;I (-1,1
•February 15, 1996 11.
MISCELLANEOUS RESC,LUTION 496026,
BY: General Government Committee, Kay Ssnmid, Chairperson
IN RE: (Support) "ENHANCED ACCESSII and Revisions to Freedom of :r nation Act
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS, the Freedom Of Information Act (FOIA), 1975 P.A. 442, declares that,
"It is the policy of this state that all persons...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 pubic employees.. so that they may fully
participate in the democratic process."; and
WHEREAS, In the performance of their official governmental functions Oakland
County officers, employees, agencies, departments, boards and commissions compile
vast amounts of information; and
WHEREAS, by utilizing computer technology, governmental information has the
potential to be formatted into summaries, reports and compilations not ordinarily
utilized by the County, bat which have areat economic value to non-county public and
private interests; and
WHEREAS, the FOIA specifically provides that the Act does not require a public
body to make a compilation, summary or report of information not required for the
performance of an official function, :hereby eliminating any mandate to enhance
access to governmental information systems; and
WHEREAS, utilizing computers and modern technology, access to governmental
information by the public, business, academics and journalists can be enhanced in
a cost effective manner; and
WHEREAS Enhanced Access to Governmental information, defined as providing an
improved service to the public, off county premises, through increased access to
government information utilizing an electronic format, for a reasonable fee, has the
potential to generate new revenues without increasing the tax burden on county
residents; and
WHEREAS, as demonstrated in successful projects in British Columbia, Canada,
Los Angeles County, California, and Indianapolis, Indiana, businesses and residents
have both the desire and willingness to pay, on a fee-for-use basis, for enhanced
access to government information; and
WHEREAS, the provision of Enhanced Access represents a significant
technological advancement requiring substantial capital and operating investment,
directly competing for limited government resources with mandated functions; and
WHEREAS, as a non-mandated function, a prerequisite to the development of a
successful Enhanced Access Project is the creation of a non-tax (property, sales or
income) based revenue stream producing a return sufficient to defray the multi-
million dollar capita' and operating expenses associated with implementation and
maintenance of an Enhanced Access System; and
WHEREAS, legislation revising the ?DIA expressly permitting public bodies to
develop enhanced access information services, providing for the establishment of a
structure of "reasonable fees' to sustain such enhanced access services and
preserving existing 7CIA rignts for the public so :hat they may fully participate
in the democratic process, has been submitted to the legislature.
NOW THEREFORE BE :T RESOLVED that the Oakland County Board of Commissioners
supports the concept of enhanced access as defined in this resolution and recommends
that the necessary revisions to the Freedom of Information Act, as proposed in
Attachment A, be adopted to allow enhanced access to public records, benefitting the
business community and private residents, alike.
BE IT FURTHER RES OLVED that copies of this resolution be sent to all state
legislators from Oakland County, and to the county's State legslative Liaison, the
Michigan Association of Counties, the Michigan Townships Association, the Mid:loran
Municipal League, the other counties in this state, and to all Oakland County
municipalities.
Chairperson, on behalf of the GENERAL GOVERNMENT Committee, I move the
adoption of the foregoing resolution.
GENERAL AOVERNMENT COMMITTEE
it 6 4
ENHANCED ACCESS PROJECT
OAKLAND COUNTY, MICHIGAN
January 27, 1996
Contents:
* Example Resolution of Support for Enhanced Access Project
* Executive Summary - Enhanced Access Project
* Draft Freedom of Information Act Legislation
Oakland County Contacts:
Robert Daddow, Director
Department of Management and Budget
Telephone No.: (810) 858-0490
Fax No.: (810) 452-9215
Gerald Poisson, Director
Corporation Counsel
Telephone No.: (810) 858-0490
Fax No.: (810) 658-1003
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ENHANCE: A,I'OESE PROJECT - EXECUTIVE OVERVIEW
OAKLAND CO? MIC::IGAN
January 29, 1435
OVERVIEW - EN-LANCED ACCESS PROJECT
I. Definition of the County's Enhanced Access Project are in
order. Basically, the project involves:
Providing an improved service to the public (both
businesses and residents) through increased access
of government information located in an electronic
format, off the County's premises,for a fee.
The County intends on making information accessible to the
public in their homes or offices. The fees generated should
cover the costs of enabling the County's efforts, including
improving the readiness or accessibility of government
information.
II. Confusion exists (and is created by those who would obstruct
the Enhanced Access Project) between what appears to be
similar activities:
A. Sale of governmental information - this theme is
supported by those who would prevent local governmental
units from entering into a project such as Enhanced
Access. THIS IS NOT WHAT THE ENHANCED ACCESS PROJECT
W:LL ACCOMPLISH.
B. 7 12R 7ASTN:1 o aovernmer nrormarion - the
operative word here is increasing access to
.11formation. The present ability for businesses and
residents to obtain the information over the counter or
through a FOIA request will be undisturbed.
The objective is to provide the information resident on
the County's computer system in the homes and offices
of the public. A COMPLETELY NEW SERVICE!
III. The government information is what is being provided, it is
not being sold. Simply put, if the County does nothing in
providing the increased service in homes and offices (eg.
enabled the Enhanced Access.Project), the County haq Rtill
qi-Arrn/-y function of access to public records
because the public can obtain those records through FOIA or
over the counter.
There wL1L be sizable investments in preparing the
gcvern:nental in:!0rmation for use by the public. The costs
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of 'preparation' for access to the public must be recovered
somehow - the County is proposing that it be covered for a
fee. CLEARLY THIS IS A WIN FOR GOVERNMENT AND A WIN FOR THE
COUNTY'S PUBLIC (BUSINESSES AND RESIDENTS).
HISTORY OF ENHANCED ACCESS PROJECT
IV. In the fall of 1993, the County was approached by a vendor,
Ameritech, to consider a new and emerging technological
advancement - disseminating government information to the
public, off-site, for a fee. This 'enhanced access' to
government information is a new service that would be
provided to County residents. The type and nature of the
products that can be brought to "market" are virtually
unlimited.
The County's enhanced access project is outlined in the
handout entitled "Policy and Other Issues", Enhanced Access
Project for Oakland County, Michigan, dated April 22, 1995.
This 'white paper' represents a more detailed description of
the issues facing the County and other local governmental
units as we enter this new computer age.
Significant information provided via the enhanced access
project (maybe roughly 80% of the types of products that
could be brought to market) include:
A. Land records - geographic (computerized) information
involving land records could include data involving:
1. Ownership.
2. Tax history / delinquencies.
3. Other liens.
4. Rights of way.
5. Appraisal information.
6. House / plant footprints.
7. Assessment data SEV; sales; taxable value; etc.
B. Court records, including: case status; dockets; etc.
V. The County has proposed that the enhanced services be
covered by a fee. The revenues that can be generated are
significant.This enhanced service is desired by commercial
entities within the County. Many have been demanding it for
years.
VI. To understand the significance of the fees that could be
generated from a somewhat matured system, British Colombia
has been using the Ameritech product (CivicLink) for roughly
6 years.
Some of the current information of interest involving the
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British Colombia system follows:
A. 3.5 million residents - current revenue generated from
their enhanced access efforts approaches $35 million
annually. This revenue excludes a new service coming
on-line in 1995: court records - one of two sets of
extremely valuable data.
B. After 5 years, the number of transactions processed
over the counter has declined by 94%. Space and
personnel costs have declined accordingly. This has
allowed for a significant reduction in costs of
providing government information to the public.
C. Improved services to the public. The public is
demanding this service. They are becoming sensitized
to the need for access in their own homes. The
INTERNET revolution is sweeping this country.
Government must be proactive in designing the approach that
addresses the government and the public concerns. If
governments are not proactive, we will be compelled to
provide the information anyway with no cost recovery.
VII. This project is revolutionary, it is cutting edge:
electronic commerce. The County is entering a new era in
its efforts to provide information to the public and we
would like to involve the County's communities.
ISSUES AND PROBLEMS FACING THE COUNTY
VIII. Summary of issues:
A. Business case - needs to be developed on the
information to be distributed to the public
(essentially an economic cost / benefit analysis).
B. Legal issues - resolution of issues surrounding:
1. Freedom of Information Ar.! - the right of the
public to acceus public records currently.
2. Individual privacy rights - imposed on the
governmental unit to withhold specific data
elements that would violate an individual's right;
such as the release of medical or mental health
records.
3. Copyr:',ght laws - established to encourage
commerce; however, most are NOT specifically
directed at ELECTRONIC commerce. Being reviewed
and rewritten.
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Technology issues - the ability to actually transmit
data via the computer, off-site.
D. Legacy arrangemaats - existing arrangements in the
distribution of government information that would need
to be addressed.
E. Commercial versus non -commercial government information
- the distinction is often difficult to make.
BUSINESS CASE
IX. unless a business case can be made to move forward with the
development of a "gate", there would be no financial benefit
to be derived.
The term "gate" comes from the technology that requires the
development of a program to be included on a personal
computer in the home or office. The personal computer would
be connected via the telephone lines to the local
governmental computer. The personal computer and County
computer "gate" work in concert with one another to pass
government information from the County's system to the
personal computer.
Businesses and residents would access government information
through a "gate", which would:
A. Provide security for the local governmental unit
against hackers.
B. Keep :rack of the access of data for billing to system
users.
C. Control receipting and disbursing of fees collected.
D. The "gate" would be the focal point for marketing
efforts. It would indicate what products are being
used and how they may be tailored to increase their
use.
X. The development of a "gate" and the products to be placed on
the system is not cheap. Ameritech shared information
relating to their Indianapolis project. Ameritech invested
roughly $1.5 million in the development of the "gate"; this
excludes amounts funded directly by Indianapolis.
The City of Troy had discussed a similar approach with
Ameritech several years ago. However, the investment that
Ameritech would make could not be cost justified.
Accordingly, the discussions ceased.
C.
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XI_ A portion of the interest in this project for the County
stems from the ability of the County to prepare the "gate"
with the assistance of a partner such as Ameritech. In
doing so, the "gate" is developed based on the economics of
the County.
In turn, information of interest to the public by cities,
villages and townships (CVTs) can be placed on the County's
server and offered through the "gate." The fees generated
by this arrangement could be passed from the public to
Ameritech and distributed based on a pre-determined formula
to the County and CVTs.
XII. One significant issue facing the County is that legislation
involving the distribution of government information comes
in three forms:
A. Specifically states the amounts to be charged per copy,
document, transaction, etc.
B. States that a "reasonable fee" can be charged.
C. Is silent.
For the most part, legislation developed even as currently
as several years ago, has not contemplated the increased use
of computers. It still contemplates distribution from a
Xerox machine. Changes in legislators thinking is critical!
LEGAL ISSUES
XIII. Legal issues are likely the most troublesome of all of
the barriers facing the County today. Legal issues
frequently arise because events change making the law
obsolete. TECHNOLOGY WILL OBSOLETE MANY OPERATIONS AND
ACTIVITIES OF GOVERNMENT - LEGisi.JATiON CANNOT BY ITS
VERY NATURE KEEP UP WITH THESE EVENTS!
XIV. In the winter of 1995, Ameritech launched a project using a
firm called -: Electronic Commerce, Law, and Information
Policy Strategies, or ECLIPS for short. The ECLIPS project
entitled "The Sale of Information by Michigan Governments:
An Analysis and Report" discusses the Michigan statutes in
their support of electronic commerce.
Presently, the Director of ECLIPS is attempting to develop
federal statutes for electronic commerce. Statutes
generally do not exist at a federal level to address
electronic commerce.
The report generally indicates that we have the necessary
framework to enable the County to move forward in the
Enhanced Access Project. However, there are land mines out
there - the legislation must be changed to address clearly
how governmental units can structure the programs.
Freedom of Information Act.
XV. FOIA was designed to help ensure that the business of
government is seen in the light of day. The importance of
public access was stated by James Madison over two hundred
years ago:
"The right of freely examining public
characters and measures, and of free
communication thereon, is the only effectual
guardian of every other right..."
FOIA is designed to provide a control over governmental
officials who may otherwise act inappropriately. It is a
cornerstone of democracy. Comments on the FOIA itself
follows:
A. FOIA provides for the access by the public of certain
records for a nominal fee. The fee can cover a nominal
incremental cost of providing the data.
B. FO:A restricts certain records from public access.
C. FOIA establishes time frames for release of data and
penalties for governmental units who restrict data in
violation of FOIA.
D. Fees do not cover the requisite, basic functions of
government, including:
1. Storage.
G. Maintenance.
3. Creation.
E. FOIA makes no distinction as to the uses of the data
(commercial versus non-commercial data).
Court cases support a very liberal interpretation in the
release of government information for a nominal cost.
Generally, FOIA legislation is not supportive of the
Enhanced Access Project. It does not prevent the Enhanced
Access Project, it just not supportive.
FOIA would need to be changed to enable governmental units
to control the flow of information through the "gate" when
desired off-sit.c. Presently, the "Farrell" case, which
involved the Detroit Newspapers and City of Detroit, defines
the problem very well.
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Farrell now imposes a significant new standard on
governmental units. If the information exists, whether in
document form or in the computer, it is now subject to FOIA.
In addition, governments are now required to produce the
information in format desired by the FOIA request= - either
in hard copy or on disk.
In the County's case, we will be moving ever so much more
into a paperless entity. Currently, the County is very
active in placing many files in imaged format. We are
destroying the original hard copy document. FOIA has not
considered the maintenance of documents via imaged records.
Another issue that governmental units face is the
respnns:11ties to maintain data surrounding electronic
mail systems. FOIA should be revised to include this
relatively new manner of communication - particularly in
light of the Open Meetings Act.
XVI. The most significant problem created by FOIA is the County
could invest sizable amounts in a "gate", ready the -
government information for release, and then have all of the
data sought under a FOIA request. Billings using the
"gate", which could be on a transaction basis, would
effectively be undermined.
:n this situation, the County would only be able to recover
the cost of copying the entire file that it has readied for
release through the 'gate." Few, if any, governmental units
would be willing to invest in the development of products
and a "gate", resulting in the reqtrirtin71 of government
information over paradigms that would otherwise exist if
costs could be recovered.
aivaoy Rights
XVII. Government frequently maintains data that is not
subject to public inspection, including:
A. Home addresses of judges, police officers, etc.
B. Medical and mental health records.
C. Social security numbers.
When accessing this information through a FOIA, this data
must be "redacted", or eliminated from the released
document.
The redaction effort is frequently labor intensive.
However, when releasing the information through a disk
(under Farrell) or via an Enhanced Access effort,
substantial care must be made in the security feature to
ensure privacy.
Information maintained in an imaged format would be
particularly difficult to redact.
Copyright Laws
XVIII. Copyright laws were established to ensure that there
were protections in the unauthorized copying of data.
Copyright laws support commerce and would be somewhat
helpful in the Enhanced Access Project. Comments on
copyright laws follow:
A. Another landmark case is titled "Feist.° Feist
involved the copying of a telephone book and then
copyrighting it to prevent further distribution of the
material.
The significance of Feist is that it set parameters on
the nature of material that could be copyrighted. The
three key phases follow in determining whether material
can be copyrighted - the SELECTION, ARRANGEMENT AND
COORDINATION OF ELEMENTS OF DATA, towards making the
information unique enough to be copyrighted.
In the case of Feist, a telephone directory was not
considered to be copyrightable as the 'selection,
arrangement and coordination of elements of data' was
not present. How many ways can a telephone directory
be presented - only one alphabetically.
B. Yet, if the information can be selected, arranged and
coordinated through a "gate°, and laws changed to
support this effort, the material can be copyrighted.
Once copyrighted, some commercial protections would
exist.
TECHNOLOGY
XIX. Frequently, the information is not maintained on disk, or in
a format usable through a gate. The Enhanced Access Project
would address these issues on a case by case basis as the
products for distribution are provided.
XX. The Enhanced Access Project would envision the creation of a
windows-based program to be installed on a personal
computer, with a modem. Among other items the program would
address security issues for levels of data, depending on the
fee structures developed. 1
LEGACY ARRANGEMENTS
XXI. Few governmental units have a government information access
policy outside of the FOIA itself. Yet, this will become an
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increasingly important aspect of services to the public in
the computer age.
XXII. In discussions with many governmental units, they
already provide information to the public via the
computer without having considered all of the
implications of doing so. This is the time to
reconsider the present governmental information access
policies and approaches,
XXIII. In the County's case, we have businesses connected to
the County's computers currently accessing the very
data that would be distributed through the Enhanced
Access Project. The County has been providing its
computers to be located in residences / offices for a
low monthly fee.
Obviously, when the 'gate' comes on line, this will create a
problem from the existing manner in which some users access
data. Despite having no written agreements for the
equipment or access to information, this may cause some
conflicts with those currently obtaining the data.
COMMERCIAL VERSUS NON-COMMERCIAL GOVERNMENT INFORMATION
XXIV. Finally, a distinction must be made in the FOIA to
permit two classes of data
A. Non-commercial data that the public has a right to at
no cost, or very nominal cost, such as:
1. Official minutes.
2. Agendas of committee / Board meetings.
3. General data involving the government: structure,
elected officials, telephone numbers, etc.
This information could be made available through a
"home page" or over the Internet, for no charge. The
assembly and maintenance of the data on this service
could be partially funded via the Enhanced Access
Project.
B. Commercial data. Data that would be valuable (courts,
land records, etc.) and would be used in the operations
of a business,
XXV. If we take no action to correct the FOIA and other laws, the
likely course of events would be the development of a "home
page" with non-commercial data on it.
Once the computer structure is in place, commercial data
will find its way onto the system, permanently preventing
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the governmental units from obtaining any significant
funding for the creation, maintenance and storage of
government information - or, creating more of a legacy
agreement issue.
BENEFITS OF ENHANCED ACCESS
XXVI. The most significant benefit would be to provide the
public (businesses and residents) the ability to
conveniently access government information. They will
become more actively involved in the democratic
process.
XXVII. CVT information can be provided to the County; placed
on the County's server and made accessible to the
public; transaction fees paid by the public could be
collected by the County and passed back to the CVT.
XXVIII. The costs associated with preparing the governmental
information would enable local governmental units to
invest in technological imp -Iovements that would
otherwise be delayed pending internal resource
availability. That's a long way to indicate: "it's
not getting done because we don't have the funds to do
it."
XXIX. Counties and municipalities will be requested by
businesses and residents to provide access to
government information at home or offices over the next
several years. The future economics under Prop A will
result in restricted growth for revenues in urban and
'built-out' communities. We must be proactive to
provide alternatives necessary to address the cost
recovery concerns in developing the system that will be
demanded by the public.
ACTION STEPS GOING FORWARD
XXX. Assistance needed from the local governmental units who
support this approach should contact their County
Commissioner and State representative / senator.
XXXI. County' has reviewed the FOIA laws. Suggested revisions
will be provided shortly to the State. A first version
of revisions to FOIA has been prepared; a copy of the
proposed draft of the FOIA legislation is enclosed.
XXXII. Recent meetings scheduled or held:
A. Summit of Washtenaw, Oakland, Wayne and Macomb Counties
on December 12, 1995. Conceptual support was sought
and orally obtained from the reprRsAntal-ives of the
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counties present.
B. Meeting on December 5, 1995 with Kent County officials.
C. Presentation by Daddow / Poisson, through The Mackinac
Center for Public Policy on December 18, 1995.
D. Gonwer's article dated January 2, 1996.
E. Meeting on January 9, 1996 between County and cities,
villages and townships' representatives concerning
geographic information systems. Support from between
15 and 20 communities was verbally provided to the
Enhanced Access Project.
Later that day, first meeting of the Technology
Committee of the Michigan Municipal Finance Officers
Association (MMFOA) was held. Support was obtained.
F. January 10, 1996 meeting with Rep. Brackenridge, who
has expressed preliminary interest in introducing the
revisions to FOIA.
0. January 11, 1996 presentation to the Macomb County
Municipal Finance Officers Association by Daddow.
H. January 24-26, 1996 mailing of the Enhanced Access
summary and FOIA revisions to roughly 50 communities
within the County interested in the County's GIS
project. A request for formal support was made.
I. January 26, 1995 meeting with the Michigan Municipal
Finance Officers ARRnritinn Board - approval of 'a
Technology Committee was obtained (first project to be
undertaken: Enhanced Access).
J. Several meetings with newspaper editorial boards are
scheduled - including Oakland Press and Spinal Column.
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1 FREEDOM OF INFORMATION ACT
2
3 P.A. 1976, No. 442, Eff. April 13, 1977
4
5 AN ACT to provide for public access to certain public
6 records of public bodies; TO PERMIT ENHANCED ACCESS; TO PROVIDE
7 FOR PROTECTIVE ORDERS; TO PERMIT CERTAIN FEES AND COST RECOVERY;
8 to prescribe the powers and duties of certain public officers and
9 pubLic bodies; to provide remedies and penalties; and to repeal
10 certain acts and parts of acts.
11
12 15.231. Short title; public policy
13 Sec. 1. (1) This act shall be known and may be cited as
14 the "freedom of information act."
15 (2) It is the public policy of this state that all
16 persons are entitled to full and complete information regarding
17 the affairs of government and the official acts of those who
18 represent them as public officials and public employees,
19 consistent with this act. The people shall be informed so that
20 they may fully participate in the democratic process.
21
22 15.232. Definitions
23 Sec. 2. As used in this act:
24 (a) "Person" means an individual, corporation, A
25 LIMITED LIABILITY COMPANY. A partnership, firm, organization,
26 association OR A GOVERNMENTAL ENTITY.
1 (b) "Public body" means:
2 (i) A state officer, employee, agency, department,
3 division, bureau, board, commission, council, authority, or other
4 body in the executive branch of the state government, but does
5 not include the governor or lieutenant governor, or employees
6 thereof.
7 (ii) An agency, board, commission, or council in
8 the legislative branch of the state government.
9 (iii) A county, city, township, village,
10 intercounty, intercity, or regional governing body, council,
11 school district, special district, or municipal corporation, or a
12 board, department, commission, council, or agency thereof.
13 (iv) Any other body which is created by state or
14 local authority or which is primarily funded by or through state
15 Cr local authority.
16 (v) The judiciary, including the office of the
17 county clerk and employees thereof when acting in the capacity of
18 clerk to the circuit court, is not included in the definition of
19 public body.
20 (c) "Public Record" means a writing prepared, owned,
21 used, in the possession of, or retained by a public body in the
22 peLfotmdnue of an official function, from the time it is created.
23 "PUBLIC RECORD" DOES NOT INCLUDE WRITINGS IN THE POSSESSION OF A
24 PUBLIC BODY WHERE THE BODY IS ACTING MERELY AS A CUSTODIAN OF THE
25 RECORDS FORANTOTHER/pUBLIC BODY. SUCH RECORDS ARE SUBJECT TO
26 DISCLOSURE APULIC RECORDS ONLY THROUGH THE ORIGINATING PUBLIC
1 BODY. This act separates public records into 2 classes: (i)
2 those which are exempt from disclosure under section 13, and (ii)
3 all others, which shall be subject to disclosure under this act,
4 (d) "Unusual circumstances" means any 1 or a
5 combination of the following, but only to the extent necessary
6 for the proper processing of a request:
7 (i) The need to search for, collect, or
8 appropriarply examine or review a voluminous amount of separate
9 and distinct public records pursuant to a single request.
10 (ii) The need to collect the requested public
11 records from numerous field offices, facilities, or other
12 establishments which are located apart from the particular office
13 receiving or processing the request.
14 (e) "Writing" means handwriting, typewriting,
15 printing, photostating, photographing, photocopying, and every
16 other means of recording, and includes letters, words, pictures,
17 sounds, or symbols, or combinations thereof, and papers, maps,
18 magnetic or paper tapes, photographic films or prints, microfilm,
19 microfiche, magnetic or punched cards, discs, drums, or other
20 means of recording or retaining meaningful content.
21 (F) "ELECTRONIC MAP" MEANS COPYRIGHTED .DATA, PROVIDED
22 BY A PUBLIC AGENCY FROM AN ELECTRONIC GEOGRAPHICAL INFORMATION
23 SYSTEM.
24 (G) "ENHANCED ACCESS" MEANS THE INSPECTION OF A PUBLIC
25 RECORD BY A PERSON OTHER THAN A GOVERNMENTAL ENTITY AND THAT:
26 (1) IS BY MEANS OF AN ELECTRONIC DEVICE OTHER
3
1 THAN AN ELECTRONIC DEVICE PROVIDED BY A PUBLIC AGENCY IN THE
2 OFFICE OF THE PUBLIC AGENCY; OR
3 (2) REQUIRES THE COMPILATION OR CREATION OF
4 LIST OR REPORT THAT DOES NOT RESULTjailail is
5 STORAGE OF THE INFORMATION.
6 (H) "FACSIMILE MACHINE" MEANS A MACHINE THAT
7 ELECTRONICALLY TRANSMITS EXACT IMAGES THROUGH CONNECTION WITH A
8 TELEPHONE NETWORK,
9
10 15.233 Inspection, copying and receipt of public records,
11 right and opportunity; subscriptions; custodian.
12 Sec. 3 (1) Upon an oral or written request which
13 describes the public record sufficiently to enable the public
14 body to find the public record, a person has the right to
15 inspect, copy, or receive copies of a public record of a public
16 body, except as otherwise expressly provided by seetionS 6 AND
1/ 13. A person has a right to subscribe to future issuances of
le public records which are created, issued, or disseminated on a
19 regular basis. A subscription shall be valid for up to 6 months,
20 at the request of the subscriber, and shall be renewable.
21 (2) A public body shall furnish a requesting
22 person a reasonable opportunity for inspection or examination of
23 its public records, and shall furnish reasonable facilities for
24 making memoranda or abstracts from its public records during the
25 usual business hours. A public body may- make—reaeonable—eules
26 aeceetia,ry to protect its public --r-cce-rds and to preveWIL
4
1
2 functions. SHALL PROTECT PUBLIC RECORDS FROM LOSS, ALTERATION,
3 IEZIEEIaLM-11ELEgAaLlIwJammtWilliiirmilig4EnLMLIIEEIELLL,
4 INTERFERENCE WITH THE REGgLAR DISCHARGE OF THE FUNCTIONS OR
5 DUTIES OF THE PUBLIC BODY OR PUBLIC TMPTY!
6PRECAUTIONS gaii THE
7 CONTENTS OF PUBLIC RECO RDS FROM UORT ACCESS,
UNAUTHORIZED ACCESS BY AN ELECZailaaigromfamiii
9 (3) This act does not require a public body to
10 make a compilation, summary, or report of information, except as
11 required in section 11.
12 (4) This act does not require a public body to
13 create a new public record, except as required in sections 5 and
14 11, and to the extent required by this act for the furnishing of
15 copies, or edited copies pursuant to section 14(1), of an already
16 existing public record.
17 (5) The custodian of a public record shall, upon
18 request, furnish a requesting person a certified copy of a public
19 record.
20 (6) NOTWITHSTANDING SUBSECTIONS (1) AND (2). A .
21 PUBLIC BODY MAY OR MAY NOT DO THE FO;LOWINqi
22 (A) IN ACCORDANCE WITH A NONDISCRIMINAVW
23 POLICY OF THE PUBLIC BODY. PERMIT A PERSON PC fl T.TC'A'P (
24 OBTAIN A DuPi atiritinTarainsiiiiffigaamilTarc_TE ,
25 MICROFILM, OR OTHER SIMILAR OR ANALOGOUS_RECORU-SMETFEM=UAT
26 CONTAINS INFORMATION OWNED BY OR ENTRUSTED TO THE PUBLIC
5
1 BODY.
2 (B) IN ACCORDANCE WITH A CONTRACT DESCRIBED
3 IN SECTION 3A OF THIS CHAPTER, PERMIT A PERSON TO INSPECT
4 AND COPY THROUGH THE USE OF ENHANCED ACCESS PUBLIC RECORDS
5 CONTAINING INFORMATION OWNED BY OR ENTRUSTED TO THE PUBLIC
6 BODY.
7 (C) PERMIT A GOVERNMENTAL ENTITY TO USE A
8 ELECTRONIC DEVICE TO INSPECT AND COPY PUBLIC RECORDS
9 CONTAINING INFORMATION OWNED BY OR ENTRUSTED TO THE PUBLIC
10 BODY.
11 15.233A ENHANCED ACCESS TO PUBLIC RECORDS
12 SEC. 3A. (1) AS AN ADDITIONAL MEANS OF INSPECTING,
13 COPYING, OR RECEIVING A COPY OF PUBLIC RECORDS, A PUBLIC BODY MAY
14 PROVIDE ENHANCED ACCESS TO PUBLIC RECORDS MAINTAINED BY THE
15 PUBLIC BODY.
16 (2) A PUBLIC BODY MAY PROVIDE A PERSON WITH ENHANCED
17 ACCESS TO PUBLIC RECORDS ONLY IF THE PUBLIC BODY HAS ENTERED INTO
18 A CONTRACT WITH THE PERSON UNDER THIS SECTION.
19 (3) THE CONTRACT REQUIRED BY THIS SECTION MUST PROVIDE
20 THAT THE PERSON WILL DO THE FOLLOWING:
21 (A) PAY THE PUBLIC BODY A FEE FOR ENHANCED ACCESS
22 TO THE PUBLIC RECORDS.
23 (B) NOT ENGAGE IN THE FOLLOWING:
24 (1) UNAUTHORIZED ENHANCED ACCESS TO PUBLIC
25 RECORDS.
26 (2) ALTERATION OF PUBLIC RECORDS.
1 (3) DISCLOSURE OF CONFIDENTIAL PUBLIC
2 RECORDS,
3
4 15.234 Fees; waiver; deposit; computation of costs; reviewal
5 by bipartisan joint committee
6 Sec. 4. (1) A public body may charge a fee for providing
7 a copy of a public record. Subject to subsection (3), EXCEPT AS
8 PROVIDED IN SUBSECTIONS (5), (6), (7) OR (8), the fee shall be
9 limited to actual mailing costs, and to the actual incremental
10 cost of duplication or publication including labor, the cost of
11 search, examination, review, and the deletion and separation of
12 exempt from nonexempt information as provided in section 14.
13 Copies of public records may be furnished without charge or at a
14 reduced charge if the public body determines that a waiver or
15 reduction of the fee is in the public interest because furnishing
16 copies of the public record can be considered as primarily
17 benefiting the general public. Except a3 provided in 3ection
18 30(3) -of Act No. 232 of the Public Act3 of 1953, being oection
19 791.230 of thc Michigan Compilcd L3w3, a A copy of a public
20 record shall be furnished without charge for the first $20,00 of
21 the fee for each request, to an individual who submits an UNDER
22 PENALTY OF PERJURY A SWORN affidavit, stating that the individual
23 is then receiving public assistance or, if not receiving public
24 assistance, stating facts showing inability to pay the cost
25 because of indigency.
1
2 (2) UNLESS OTHER TERMS ARE PROVIDED PROV;RE2.1111Z
3 CONTRACT FOR ENHANCED ACCESS, AT the time the request is made, a
4 public body may request a good faith deposit from the person
5 requesting the public record or series of public records, if the
6 fee provided in subsection (1) exceeds $50.00. The deposit shall
7 not exceed 1/2 of the total fee.
8 (3) In calculating the costs under subsection
9 (1), EXCEPT FOR COMPUTER PROGRAMING TIME WHICH MAY BE BILLED AT
10 ACTUAL COST, a public body may not attribute more than the hourly
11 wage of the lowest paid, full-time, permanent clerical employee
12 of the employing public body to the cost of labor incurred in
13 duplication and mailing and to the cost of examination, review,
14 separation, and deletion. A public body shall utilize the most
15 economical means available for providing copies of public
16 records. A fee ehe11—net IS NOT REQUIRED TO be charged for the
17 cost of search, examination, review, and the deletion and
18 separation of exempt from nonexempt information as provided in
19 section 14 unless failure to charge a fee would result in
20 unreasonably high costs to the public body because of the nature
21 of the request in the particular instance, and the public body
22 s_pacifically identities the nature of these unreasonably high
23 costs. A public body shall establish and publish procedures and
24 guidelines to implement this subsection.
25 (4) This section does not apply to public records
26 prepared under an act or statute specifically authorizing the
1 sale of those p .,:b1Lc records to the public, or where the amount
2 of the fee for providing a copy of the public record is otherwise
3 specifically proviried by an act or statute.
4 (5) THIS SUBSECTION APPLIES TO THE FEE CHAWaajiTtink
5 PUBLIC BODY FOR PROVIDING ENHANCED ACQiiimmlawA PUBLTc Rrxxlizn
6 PUBLIC BODY MAY CHARGE ANY REASONABLE FEE AGRED ON IN TR;
7 CONTRACT UNDER SECTION 3A OF THIS ACT FOR PRQVIDING ENHANCR11
9 ACCESS TO PUBLIC RECORDS.
9 (6) THIS SUBSECTION APPLIES TO THE FEE CHARGED BY A
10 PUBLIC BODY FOR PERMITTING A GOVERNMENTAL ENTITY TO INSPEC;
11 PUBLIC RECORDS BY MEANS OF AN ELECTRONIC DEVICE.
12 MAY CHARGE ANY REASONABLE FEE FOR THE INSPECTION OF PUBLIC
13 RECORDS UNDER THIS SUBSECTION OR THE PUBLIC BODY MAY WAIVE ANY
14 FEE FOR THE INSPECTION.
15 (7) EXCEPT AS PRWILJED IN SUBSECTION (8), A PUBLIC
16 BODY MAY CHARGE A FEE, UNIFORM TO ALL PURCHASERS, FOR PROVIDING
17 AN ELECTRONIC MA THAT IS BASED UPON A REASONABLE PE§CENTAGE OF
18 THE BODY'S DIRECT COST OF CREATING, MAINTAINING, UPGRADING. AND
19 ENHANCING THE ELECTRONIC MAP AND FOR THE DIRECT COST OF SUPPLYINq
20 THE ELECTRONIC MAP IN THE FORM REQUESTED BY THE PURCHASER.
21 (8) AS USED IN THIS SECTION, "REASONABLE FEE"
22 INCLUDES, BUT IS NOT LIMITED TO, THE BODY'S COST IN CREATING.
23 COMPILING, STORING, MAINTAINING, PROCESSING, UPGRADING OR
24 ENHANCING THE INFORMATION OR DATA, INCLUDING THE COST OF EMPLOYEE
25 TIME, THE ACTUAL COST OF SUPPLYING THE INFORMATION OR RECORD IN
26 THE FORM REQUESTED BY THE PURCHASER, COMPUTER HARDWARE VD
9
1 SOFTWARE AND SYSTEM DEVELOPMENT.
2 (9) THE FEE CHARGED BY A PUBLIC BODY UNDER SUBSECTIONS
3 (5), (6) OR (7) TO COVER REASONABLE COSTS MA! BE WAIVED BY THE
4 PUBLIC BODY IF THE PUBLIC RECORDS OR ELECTRONIC MAP FOR WHICH THE
5 FEE IS CHARGED WILL BE USED FOR A NONCOMMERCIAL PURPOSE,
6 INCLUDING THE FOLLOWING:
7 (A) PUBLIC BODY PROGRAM SUPPORT.
8 (B) NONPROFIT ACTIVITIES.
9 (C) JOURNALISM. ,
10 (D) ACADEMIC RESEARCH.
11
12 joint committee of 3 members of each house shall review the
13 operation of this section and recommend appriapsiate changes. The
14 members of the house of representative-a shall be appointed by the
15 opeak-c--of---the house of representatives. The members-of the
16 senate shall be appoated by the maj-ority leader of the senate.
17
18 15. 234a. ESTABLISHMENT OF ENHANCED ACCESS FUND.
19 SEC 4a. (1) THE FISCAL BODY OF A POLITICAL
20 SUBDIVISION HAVING A PUBLIC BODY THAT CHARGES A FEE UNDER SECTION
21 4(5)OR 4(6) OF THIS ACT SHALL ADOPT A RESOLUTION ESTABLISHING AN
22 ENHANCED ACCESS FUND. THE RESOLUTION SHALL SPECIFY THAT THE FUND
23 CONSISTS OF FEES COLLECTED UNDER SECTION 4(5) OR 4(6) OF THIS
24 ACT. THE FUND SHALL BE ADMINISTERED BY THE PUBLIC OFFICER
25 DESIGNATED IN THE RESOLUTION. MONEY IN THE FUND MUST BE
26 APPROPRIATED AND EXPENDED IN THE MANNER AUTHORIZED IN THE
4
10
1 RESOLUTION, CONSISTENT WITH THE PROVISIONS OF THIS ACT.
2 (2) THE FUND IS A DEDICATED FUND WITH THE FOLLOWING
3 PURPOSES:
4 (A) THE REPLACEMENT, IMPROVEMENT, AND EXPANSION
5 OF CAPITAL EXPENDITURES.
6 (B) THE REIMBURSEMENT OF OPERATING EXPENSES
7 INCURRED IN PROVIDING ENHANCED ACCESS TO PUBLIC INFORMATION.
8 "OPERATING EXPENSES" INCLUDE, BUT ARE NOT LIMITED TO THE
9 PUBLIC BODY'S COST IN CREATING, COMPILING, STORING,
10 MAINTAINING, PROCESSING, UPGRADING OR ENHANCING THE
11 INFORMATION OR DATA, INCLUDING THE COST OF EMPLOYEE TIME,
12 THE ACTUAL COST OF SUPPLYING THE INFORMATION OR RECORD IN
13 THE FORM REQUESTED BY THE PURCHASER, COMPUTER HARDWARE,
14 COMPUTER SOFTWARE AND SYSTEM DEVELOPMENT.
15
16 15.234b. ESTABLISHMENT OF ELECTRONIC MAP GENERATION FUND.
17 SEC. 4b. (I) THE FISCAL BODY OF A POLITICAL SUBDIVISION
18 RAVING A PUBLIC BODY THAT CHARGES A FEE UNDER SECTION 4(7) OF
19 THIS ACT SHALL ADOPT A RESOLUTION ESTABLISHING AN ELECTRONIC MAP
20 GENERATION FUND. THE RESOLUTION SHALL SPECIFY THAT THE FUND
21 CONSISTS OF FEES COLLECTED UNDER SECTION 4(7) OF THIS ACT. THE
22 FUND SHALL BE ADMINISTERED BY THE PUBLIC BODY THAT COLLECTS THE
23 PEES. MONEY IN THE FUND MUST BE APPROPRIATED AND EXPENDED IN THE
24 MANNER AUTHORIZED IN THE RESOLUTION, CONSISTENT WITH THE
25 PROVISIONS OF THIS ACT.
26 (2) THE ELECTRONIC MAP GENERATION FUND IS A DEDICATED
1 1
1 FUND WITH THE FOLLOWING PURPOSES:
2 (A) THE CREATION, MAINTENANCE, UPGRADING AND
3 ENHANCEMENT OF THE ELECTRONIC MAP.
4 (B) THE REIMBURSEMENT OF EXPENSES INCURRED IN
5 PROVIDING THE ELECTRONIC MAP. "EXPENSES" INCLUDE, BUT
6 ARE NOT LIMITED TO THE PUBLIC BODY'S COST IN CREATING,
7 COMPILING, STORING, MAINTAINING, PROCESSING, UPGRADING
8 OR ENHANCING THE MAP, INCLUDING THE COST OF EMPLOYEE
9 TIME, THE ACTUAL COST OF SUPPLYING THE MAP IN THE FORM
10 REQUESTED BY THE PURCHASER, COMPUTER HARDWARE, COMPUTER
11 SOFTWARE AND SYSTEM DEVELOPMENT.
12 15.235 Request, oral or written, response, time; denial,
13 explanation; extension notice; court action
14 Sec. 5. (1) A person desiring to inspect or receive
15 a copy of a public record may make an oral or written request for
16 the public record to the public body.
17 (2) When a public body receives a request
18 for a public record it shall immediately, but not more than 5
19 business days after the day the request is received unless
20 otherwise agreed to in writing by the person making the request,
21 respond to the request by 1 of the following:
22 (a) Grant the request.
23 (b) Issue a written notice to the requesting
24 person denying the request.
25 (c) Grant the request in part and issue a
26 written notice to the requesting person denying the request
12
1 in part.
2 (d) Under unusual circumstances, issue a
3 notice extending for not more than 10 business days the
4 period during which the public body shall respond to the
5 request. A public body shall not issue more than I notice
6 of extension for a particular request.
7 (E) IF A PUBLIC BODY PROVIDES ENHANCED ACCESS
8 SERVICE AND THE REQUEST IS FOR ENHANCED ACCESS, SUBMIT A CONTRACT
9 COMPLYING WITH THE PROVISIONS OF THIS ACT TO THE REQUESTING
10 PERSON FOR EXECUTION. THE PUBLIC BODY SHALL HAVE NO FURTHER
11 OBLIGATION WITH RESPECT TO SUCH REQUEST UNTIL IT RECEIVES AN
12 EXECUTED COPY OF SAID CONTRACT.
13 (3) Failure to respond to a request as provided
14 in subsection (2) constitutes a final decision by the public body
15 to deny the request. If a circuit court, upon an action
16 commenced pursuant to section 10, finds that a public body has
17 failed to respond as provided in subsection (2), and if the court
18 orders the public body to disclose Or provide copies of the
19 public record or a portion thereof, then the circuit court shall
20 assess damages against the public body as provided in section
21 10(5).
22 (4) A written notice denying a request for a
23 public record in whole or in part shall constitute a final
24 determination by the public body to deny the request or portion
25 thereof and shall contain:
26 (a) An explanation of the basis under this
13
1 act or other statute for the determination that the public
2 record, or the portion thereof, is exempt from disclosure, if
3 that is the reason for denying the request or a portion thereof.
4 (b) A certificate that the public record does
5 not exist under the name given by the requester or by another
6 name reasonably known to the public body, if that is the reason
7 for denying the request or a portion thereof.
8 (c) A description of a public record or
9 information on a public record which is separated or deleted as
10 provided in section 14, if a separation or deletion is made.
11 (d) A full explanation of the requesting
12 person's right to seek judicial review shall include notification
13 of the right to receive attorney's fees and damages as provided
14 in section 10.
15 5) The individual designated in section 6 as
16 responsible for the denial of the request shall sign the written
17 notice of denial.
18 (6) If a public body issues a notice extending
19 the period for a response to the request, the notice shall set
20 forth the reasons for the extension and the date by which the
21 public body shall do 1 of the following:
22 (a) Grant the request.
23 (b) Issue a written notice to the requesting
24 person denying the request.
25 (c) Grant the request in part and issue a
26 written notice to the requesting person denying the request in
14
part.
2 (7) If a public body makes a final determination
3 to deny in whole or in part a request to inspect or receive a
4 copy of a public record or portion thereof, the requesting person
5 may commence an action in circuit court, as provided in section
6 10.
7 15.236. Chief administrative officer or chairperson of county
8 board; responsibility for denial
9 Sec. 6. (1) For a public body which is a city,
10 village, township, county, or state department, or under the
11 control thereof, the chief administrative officer of that city,
12 village, township, county, or state department, or an individual
13 designated in writing by that chief administrative officer, shall
14 be responsible for approving a denial under section 5(4) and (5).
15 In a county not having an executive form of government, the
16 chairperson of the county board of commissioners shall be
17 considered the chief administrative officer for purposes of this
18 subsection.
19 (2) For all other public bodies, the chief
20 administrative officer of the respective public body, or an
21 individual designated in writing by .that chief administrative
22 officer, shall be responsible for approving a denial under
23 section 5(4) and (5).
24
15
1
2 15.240. Action to compel disclosure; attorney fees, costs and
3 disbursements; punitive damages; PROTECTIVE ORDERS
4 Sec. 10. (1) If a public body makes a final
5 determination to deny a request or a portion thereof, the
6 requesting person may commence an action in the circuit court to
7 compel disclosure of the public records. If the court determines
8 that the public records are not exempt from disclosure, the court
9 shall order the public body to cease withholding or to produce a
10 public record or a portion thereof wrongfully withheld,
11 regardless of the location of the public record. The cIrcult
principal plaee &E bu.aiftees, er the circuit court of the county
for the county in which the public record or an office of the
public body is located shall have jurisdiction to issue the
order. 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.
(2) An action under this section arising from the
denial of an oral request may not be commenced unless the
requesting person confirms the oral request in writing not less
than 5 days before
12
13
14
15
16
17
18
19
2C
21
22
23
24
25
cummencemen:.. of the action.
16
111.
2 (3) A PUBLIC BODY MAY APPLY TO T4iri=callkairgimiaait
3 OF THE COUNTY WHERE THE PUBLIC RE4.9amaialimaiiTaimgrmakimaiE
4 BODY IS LOCATED FOR A PROTECTIVE ORDE‘WagarifirmalaagiTi tai
5 ABUSIVE REQUESTS FOR PUBLIC RECORDS.
6 (4 4) An action commenced pursuant to this
7 section and appeals therefrom shall be assigned for hearing and
8 trial or for argument at the earliest practicable date and
9 expedited in every way.
10 (4 5) If a person asserting the right to inspect
11 or to receive a copy of a public record or a portion thereof
12 prevails in an action commenced pursuant to this section, the
13 court shall award reasonable attorneys' fees, costs, and
14 disbursements. If the person prevails in part, the court may in
15 its discretion award reasonable attorneys' fees, costs, and
16 disbursements or an appropriate portion thereof. The award .shall
17 be assessed against the public body liable for damages under
18 subsection (5).
19 (6 6) In an action commenced pursuant to this
20 section, if the circuit court finds that the public body has
21 arbitrarily and capriciously violated this act by refusal or
22 delay in disclosing or providing copies of a public record, the
'23 court shall, in addition to any actual or compensatory damages,
24 award punitive damages in the amount of $500.00 to the person
25 seeking the right to inspect or receive a copy of a public
26 record. The damages shall not be assessed against an individual,
17
1 but shall be assessed against the next succeeding public body,
2 not an individual, pursuant to whose public function the public
3 record was kept or maintained.
4
5 15.241 State agencies; available items; action to compel
6 compliance
7 Sec. 11 (1) A state agency shall publish and make
8 available to the public all of the following:
9 (a) Final orders or decisions in contested
10 cases and the records on which they were made.
11 (b) Promulgated rules.
12 (c) Other written statements which implement
13 or interpret laws, rules, or policy, including but not limited to
14 guidelines, manuals, and forms with instructions, adopted or used
15 by the agency in the discharge of its functions,
16 (2) Publications may be in pamphlet, loose-leaf,
17 or other appropriate form in printed, mimeographed, or other
18 written matter.
19 (3) Except to the extent that a person has actual
20 and timely notice of the terms thereof, a person shall not in any
21 manner be required to resort to, or-be adversely affected by, a
22 matter required to be published and made available, if the matter
23 is not so published and made available.
24 (4) This section does not apply to public
25 records which are exempt from disclosure under section (13).
26
•
18
ph
1 (5) A person may commence an action in the
2 circuit court to compel a state agency to comply with this
3 section. If the court determines that the state agency has
4 failed to comply, the court shall order the state agency to
5 comply and shall award reasonable attorneys' fees, costs, and
6 disbursements to the person commencing the action. The circuit
7 court for the county in which the state agency is located shall
8 have jurisdiction to issue the order.
9 (6) As in this section, "state agency",
10 "contested case", and "rules" shall have the same meanings as
11 ascribed to those terms in Act No. 306 of the Public Acts of
12 1969, as amended, being sections 24.201 to 24.315 of the Michigan
13 Compiled Laws..
14
15 15.243 Items exempt from disclosure
16 Sec. 13. (1) A public body may exempt from disclosure as a
17 public record under this act:
18 (a) Information of a personal nature where
19 the public disclosure of the information would constitute a
20 clearly unwarranted invasion of the individual's privacy.
21 (b) Investigating records compiled for law
22 enfoLcement purposes, but only to the extent that disclosure as a
23 public record would do any of the following:
24 (i) Interfere with law enforcement
25 proceedings.
26
19
1 (ii) Deprive a person of the right to a
2 fair trial or impartial administrative adjudication.
3 (iii) Constitute an unwarranted invasion
4 of personal privacy.
5 (iv) Disclose the identity of a
6 confidential source, or if the record is compiled by a criminal
7 law enforcement agency in the course of a criminal investigation,
8 disclose confidential information furnished only by a
9 confidential source.
10 (v) Disclose law enforcement
investigative techniques or procedures,
12 (vi) Endanger the life or physical
13 safety of law enforcement personnel.
14 c) A public record that if disclosed would
15 prejudice a public body's ability to maintain the physical
16 security of custodial or penal institutions occupied by persons
17 arrested or convicted of a crime or admitted because of a mental
18 disability, unless the public interest in disclosure under this
19 act outweighs the public interest in nondisclosure.
20 (d) Records or information specifically
21 described and exempted from disclosure by statute.
22 (e) Information the release of which would
23 prevent the public body from complying with section 438 of
24 subpart 2 of part C of the general education provisions act,
25 title IV of Public Law 90-243, 20 U.S.C. 1232g, commonly referred
26 to as the family educational rights and privacy act of 1974.
4
20
1 (f) a public record or information described
2 in this section that is furnished by the public body originally
3 compiling, preparing, or receiving the record or information to a
4 public officer or public body in connection with the performance
5 of the duties of that public officer or public body, if the
6 considerations originally giving rise to the exempt nature of the
7 public record remain applicable.
8 (g) Trade secrets or commercial or financial
9 information voluntarily provided to an agency for use in
10 developing governmental policy if:
11 (i) The information is submitted upon a
12 promise of confidentiality by the public body.
13 (ii) The promise of confidentiality is
14 authorized by the chief administrative officer of the public body
15 or by an elected official at the time the promise is made.
16 (iii) A description of the information
17 is recorded by the public body within a reasonable time after it
18 has been submitted, maintained in a central place within the
19 public body, and made available to a person upon request. This
20 subdivision does not apply to information submitted as required
21 by law or as a condition of receiving a governmental contract,
22 license, or other benefit.
23 (h) Information or records subject to the
24 attorney-client privilege.
25
26
21.
1 (i) Information or records subject to the
2 physician-patient privilege, the psychologist-patient privilege,
3 the minister, priest, or Christian science practitioner
4 privilege, or other privilege recognized by statute or court
5 rule.
6 (j) A bid or proposal by a person to enter
7 into a contract or agreement, until the time for the public
8 opening of bids or proposals, or if a public opening is not to be
9 conducted, until the time for the receipt of bids or proposals
10 has expired.
11 (k) Appraisals of real property to be
12 acquired by the public body until (i) an agreement is entered
13 into; or (ii) 3 years has elapsed since the making of the
14 appraisal, unless litigation relative to the acquisition has not
15 yet terminated.
16 (1) Test questions and answers, scoring keys,
17 and other examination instruments or data used tc administer a
18 license, public employment, or academic examination, unless the
19 public interest in disclosure under this act outweighs the public
20 interest in nondisclosure.
21 (m) Medical, counseling, or psychological
22 facts or evaluations concerning an individual if the individual's
23 identity would be revealed by a disclosure of those facts or
,24 evaluation.
25
26
22
h
1 (f) A public record or information described
2 in this section that is furnished by the public body originally
3 compiling, preparing, or receiving the record or information to a
4 public officer or public body in connection with the performance
5 of the duties of that public officer or public body, if the
6 considerations originally giving rise to the exempt nature of the
7 public record remain applicable.
8 (g) Trade secrets or commercial or financial
9 information voluntarily provided to an agency for use in
10 developing governmental policy if:
11 (i) The information is submitted upon a
12 promise of confidentiality by the public body.
13 (ii) The promise of confidentiality is
14 authorized by the chief administrative officer of the public body
15 or by an elected official at the time the promise is made.
16 (iii) A description of the information
17 is recorded by the public body within a reasonable time after it
18 has been submitted, maintained in a central place within the
19 public body, and made available to a person upon request. This
20 subdivision does not apply to information submitted as required
21 by law or as a condition of receiving a governmental contract,
22 license, or other benefit.
23 (h) Information or records subject to the
24 attorney-client privilege.
25
26
21
1 (i) Information or records subject to the
2 physician-patient privilege, the psychologist-patient privilege,
3 the minister, priest, or Christian science practitioner
4 privilege, or other privilege recognized by statute or court
5 rule.
6 (j) A bid or proposal by a person to enter
7 into a contract or agreement, until the time for the public
8 opening of bids or proposals, or if a public opening is not to be
9 conducted, until the time for the receipt of bids or proposals
10 has expired.
11 (k) Appraisals of real property to be
12 acquired by the public body until (i) an agreement is entered
13 into; or (ii) 3 years has elapsed since the making of the
14 appraisal, unless litigation relative to the acquisition has not
15 yet terminated.
16 (1) Test questions and answers, scoring keys,
17 and other examination instruments or data used to administer a
18 license, public employment, or academic examination, unless the
19 public interest in disclosure under this act outweighs the public
20 interest in nondisclosure.
21 (m) Medical, counseling, or psychological
22 facts or evaluations concerning an individual if the individual's
23 identity would be revealed by a disclosure of those facts or
24 evaluation.
25
26
22
1 (n) Communications and notes within a public
2 body or between public bodies of an advisory nature to the extent
3 that they cover other than purely factual materials and are
4 preliminary to a final agency determination of policy or action.
5 This exemption does not apply unless the public body shows that
6 in the particular instance the public interest in encouraging
7 frank communications between officials and employees of public
8 bodies clearly outweighs the public interest in disclosure. This
9 exemption does not constitute an exemption under state law for
10 purposes of section 8(h) of the open meetings act, Act No. 267 of
11 the Public Acts of 1976, being section 15.268 of the Michigan .
12 Compiled Laws. As used in this subdivision, "determination of
13 policy or action" includes a determination relating to collective
14 bargaining, unless the public record is otherwise required to be
15 made available under Act No. 336 of the Public Acts of 1947, as
16 amended, being sections 423.201 to 423.216 of the Michigan
17 Compiled Laws.
18 (o) Records of law entotoement communication
19 codes, or plans for deployment of law enforcement personnel,
20 which if disclosed would prejudice a public body's ability to
21 protect the public safety unless the public interest in
22 disclosure under this act outweighs the public interest in
23 nondisclosure in the particular instance.
24 (p) Information-which would reveal the exact
25 location of archaeological sites. The secretary of state may
26 promulgate rules pursuant to the administrative procedures act of
23
1 1969, Act No. 306 of the Public Acts of 1969, as amended, being
2 sections 24.201 to 24.328 of the Michigan Compiled Laws, to
3 provide for the disclosure of the location of archaeological
4 sites for purpose relating to the preservation or scientific
5 examination of sites.
6 (q) Testing data developed by a public body
7 in determining whether bidders' products meet specifications for
8 purchase of those products by the public body, if disclosure of
9 the data would reveal that only 1 bidder has met the
10 specifications, This subdivision does not apply after 1 year has
11 elapsed from the time the public body completes the testing.
12 (r) Academic transcripts of an institution of
13 higher education established under sections 5, 6, or 7 of article
14 VIII of the state constitution of 1963, where the record pertains
15 to a student who is delinquent in the payment of financial
16 obligations to the institution.
17 (s) Records of any campaign committee
18 including any committee that receives any money from a state
19 campaign fund.
20 (t) Unless the public interest in disclosure
21 outweighs the public interest in nondisclosure in the particular
22 instance, public records of a police or sheriff's agency or
23 department, the release of which would do any of the following:
24 (i) Identify or provide a means of
25 identifying an informer.
26
24
gr
.14
1 (ii) Identify or provide a means of
2 identifying a law enforcement undercover officer or agent or a
3 plain clothes officer as a law enforcement officer or agent.
4 (iii) Disclose the personal address or
5 telephone number of law enforcement officers or agents or any
6 special skills that they may have.
7 (iv) Disclose the name, address, or
8 telephone numbers of family members, relatives, children, or
9 parents of law enforcement officers or agents.
10 (v) Disclose operational instructions
11 for law firuLLemuL officers or agents.
12 (vi) Reveal the contents of staff
13 manuals provided for law enforcement officers or agents.
14 (vii) Endanger the life or safety of law
15 enforcement officers or agents or their families, relatives,
16 children, parents, or those who furnish information to law
17 enforcement departments or agencies.
18 (viii) Identify or provide a means of
19 identifying a person as a law enforcement officer, agent, or
20 informer.
21 (ix) Disclose personnel records of law
22 enforcement agencies.
23 (x) Identify or provide a means of
24 identifying residences which law enforcement agencies are
25 requested to check in the absence of their owners or tenants.
26
25
Or 111 ise
1 Cu) Except as otherwise provided in this
2 subdivision, records and information pertaining to an
3 investigation or a compliance conference conducted by the
4 department of commerce under article 15 of the public health
5 code, Act No. 368 of the Public Acts of 1978, being sections
6 333,16101 to 333.18838 of the Michigan Compiled Laws, before a
7 complaint is issued. This subdivision does not apply to records
8 and information pertaining to any of the following:
9 (i) The fact that an allegation has been
10 received and an investigation is being conducted, and the date
11 that the allegation was received_
12 (ii) The fact that an allegation was
13 received by the department of commerce; the fact that the
14 department of commerce did not issue a complaint for the
15 allegation; and the fact that the allegation was dismissed.
16 (2) This act does not authorize the withholding
17 of information otherwise required by law to be made available to
18 the public or to a party in a contested case under Act No. 306 of
19 the Public Acts of 1969, as amended.
20
21 15.243a Educational institutionsemployee salary records
22 Sec. 13a. Notwithstanding section 13, an institution of
23 higher education established under section 5, 6, or 7 of article
24 8 of the state constitution of 1963; a school district as defined
25 in section 6 of Act No. 451 of the Public Acts of 1976, being
26 section 380.6 of the Michigan Compiled Laws; an intermediate
26
-44 III r
1 school district as defined in section 4 of Act No. 451 of the
2 Public Acts of 1976, being section 380.4 of the Michigan Compiled
3 Laws; or a community college established under Act No. 331 of the
4 Public Acts of 1966, as amended, being sections 389.1 to 389.195
5 of the Michigan Compiled Laws shall upon request make available
6 to the public the salary records of an employee or other official
7 of the institution of higher education, school district,
8 intermediate school district, or community college.
9
10 15,244 Exempt and nonexempt material, separation
11 Sec. 14 (1) If a public record contains material which is
12 not exempt under section 13, as well as material which is exempt
13 from disclosure under section 13, the public body shall separate
14 the exempt and nonexempt material and make the nonexempt material
15 available for examination and copying.
16 2) When designing a public record, a public body
17 shall, to the extent prncricahle, facilitate a separation of
18 exempt from nonexempt information. If the separation is readily
19 apparent to a person requesting to inspect or receive copies of
20 the form, the public body shall generally describe the material
21 exempted unless that description would reveal the contents of the
22 exempt information and thus defeat the purpose of the exemption.
2 7
#11,-
tt 1
3 15.245 Repealer
4 Sec. 15. Sections 21, 22 and 23 of Act No. 306 of the
5 Public Acts of 1969, as amended, being sections 24.221, 24.222
6 and 24.223 of the Michigan Compiled Laws, are repealed.
7
8 15.246 Effective date
9 Sec. 16. This act shall take effect 90 days after being
10 signed by the governor.
28
HEREB Y _444P
Brooks erson. County Exe—Ti---itive
TZ_FzEGOINVI RESOLUTION
5A-1
Onto
Resolution 496026 February 15, 1996
Moved by Schmid supported by Douglas the resolution be adopted.
Discussion followed.
Vote on resolution:
AYES: Jacobs, Jensen, Johnson, Kaczmar, Law, McCulloch, McPherson,
Moffitt, Palmer, Pernick, Powers, Quarles, Schmid, Taub, Wolf, Amos, Crake,
Douglas, Garfield, Holbert, Huntoon. (21)
NAYS: Kingzett. (1)
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, do hereby certify that the
foregoing resclutioh is a true and accurate copy of a resolution adopted by the
Oakland County Board of Commissioners on February 15, 1996 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 15th dayic.ftsFebr . 1995. .
B. Allen, County Clerk Lyen D. Allen, County Clerk