CITY OF EAST LANSING WRITTEN PUBLIC SUMMARY OF FOIA PROCEDURES AND GUIDELINES

Transcription

1 CITY OF EAST LANSING WRITTEN PUBLIC SUMMARY OF FOIA PROCEDURES AND GUIDELINES Cnsistent with Public Act 563 f 2014 amending the Michigan Freedm f Infrmatin Act (FOIA), the fllwing is the Written Public Summary f the City s FOIA Prcedures and Guidelines relevant t the general public. 1. Hw d I submit a FOIA request t the City f East Lansing? Requests t inspect r btain cpies f public recrds prepared, wned, used, pssessed r retained by the City f East Lansing must be submitted in writing. A request must sufficiently describe a public recrd s as t enable the City t find it. N specific frm t submit a written request is required. Hwever a FOIA Request frm fr yur use and cnvenience is available n the City s website at Written requests can be made in persn by delivery t any City ffice in persn r by mail. Requests can als be made by facsimile by calling fr general recrds and Plice Recrds. T btain Fire Department recrds call A request may als be submitted by . T ensure a prmpt respnse, requests shuld cntain the term "FOIA" r "FOIA Request" in the subject line and be sent t mwicks@cityfeastlansing.cm. Nte: If yu are serving a sentence f imprisnment in a lcal, state r federal crrectinal facility yu are nt entitled t submit a request fr a public recrd. 2. What kind f respnse can I expect t my request? Within 5 business days f receipt f a FOIA request the City will issue a respnse. If a request is received by facsimile r the request is deemed t have been received n the fllwing business day. The City will respnd t yur request in ne f the fllwing ways: Grant the request. Issue a written ntice denying the request. Grant the request in part and issue a written ntice denying in part the request. Issue a ntice indicating that due t the nature f the request the City needs an additinal 10 business days t respnd. Issue a written ntice indicating that the public recrd requested is available at n charge n the City s website. If the request is granted, r granted in part, the City will ask that payment be made fr the allwable fees assciated with respnding t the request befre the public recrd is made available. If the cst f prcessing the request is expected t exceed $50, r if yu have nt paid fr a previusly granted request, the City will require a depsit befre prcessing the request. 3. What are the City s fee depsit requirements? If the City has made a gd faith calculatin that the ttal fee fr prcessing the request exceeds $50.00, the City will require that yu prvide a depsit in the amunt f 50% f the ttal estimated fee. When the City requests the depsit it will prvide yu a nn-binding best effrts estimate f hw lng it will take t prcess the request fllwing receipt by the City f yur depsit. 1

2 If the City receives a request frm a persn wh has nt paid the City fr cpies f public recrds made in fulfillment f a previusly granted written request, the City will require a depsit f 100% f the estimated prcessing fee befre it begins t search fr the public recrd fr any subsequent written request when all f the fllwing cnditins exist: the final fee fr the prir written request is nt mre than 105% f the estimated fee; the public recrds made available cntained the infrmatin sught in the prir written request and remain in the City's pssessin; the public recrds were made available t the individual, subject t payment, within the time frame estimated by the City t prvide the recrds; 90 days have passed since the City ntified the individual in writing that the public recrds were available fr pickup r mailing; the individual is unable t shw prf f prir payment t the City; and the City has calculated an estimated detailed itemizatin that is the basis fr the current written request s increased fee depsit. The City will nt require the 100% estimated fee depsit if any f the fllwing apply: the persn making the request is able t shw prf f prir payment in full t the City; the City is subsequently paid in full fr all applicable prir written requests; r 365 days have passed since the persn made the request fr which full payment was nt remitted t the City. 4. Hw des the City calculate FOIA prcessing fees? A fee will nt be charged fr the cst f search, examinatin, review and the deletin and separatin f exempt frm nnexempt infrmatin unless failure t charge a fee wuld result in unreasnably high csts t the City because f the nature f the request in the particular instance, and the City specifically identifies the nature f the unreasnably high csts. The Michigan FOIA statute permits the City t assess and cllect a fee fr six designated prcessing cmpnents. The City may charge fr the fllwing csts assciated with prcessing a request: Labr csts assciated with searching fr, lcating and examining a requested public recrd. Labr csts assciated with a review f a recrd t separate and delete infrmatin exempt frm disclsure f infrmatin which is disclsed. The cst f cmputer discs, cmputer tapes r ther digital r similar media when the requester asks fr recrds in nn-paper physical media. The cst f duplicatin r publicatin, nt including labr, f paper cpies f public recrds. Labr csts assciated with duplicatin r publicatin, which includes making paper cpies, making digital cpies, r transferring digital public recrds t nnpaper physical media r thrugh the Internet. The cst t mail r send a public recrd t a requestr. 2

3 Labr Csts All labr csts will be estimated and charged in 15 minute increments with all partial time increments runded dwn. Labr csts will be charged at the hurly wage f the lwest-paid City emplyee capable f ding the wrk in the specific fee categry, regardless f wh actually perfrms wrk. Labr csts will als include a charge t cver r partially cver the cst f fringe benefits. Nn-paper Physical Media The cst fr recrds prvided n nn-paper physical media, such as cmputer discs, cmputer tapes r ther digital r similar media will be at the actual and mst reasnably ecnmical cst fr the nn-paper media. This cst will nly be assessed if the City has the technlgical capability necessary t prvide the public recrd in the requested nn-paper physical media frmat. Paper Cpies Paper cpies f public recrds made n standard letter (8 ½ x 11) r legal (8 ½ x 14) sized paper will nt exceed $.05 per sheet f paper. Cpies fr nn-standard sized sheets will paper will reflect the actual cst f reprductin. The City may prvide recrds using duble-sided printing, if cst-saving and available. Mailing Csts The cst t mail public recrds will use a reasnably ecnmical and justified means. The City may charge fr the least expensive frm f pstal delivery cnfirmatin. N cst will be made fr expedited shipping r insurance unless requested. 5. Hw d I qualify fr a reductin f the prcessing fees? The City may waive r reduce the fee assciated with a request when City determines that t d s is in the public interest because release f the infrmatin is cnsidered as primarily benefitting the general public. The City will waive the first $20.00 f the prcessing fee fr a request if yu submit an affidavit stating that yu are: indigent and receiving specific public assistance; r if nt receiving public assistance, stating facts demnstrating an inability t pay because f indigency. Yu are nt eligible t receive the $20.00 waiver if yu: have previusly received discunted cpies f public recrds frm the City twice during the calendar year; r are requesting infrmatin n behalf f ther persns wh are ffering r prviding payment t yu t make the request. 3

4 The City will waive the fee fr an nnprfit rganizatin which meets all f the fllwing cnditins: the rganizatin is designated by the State under federal law t carry ut activities under the Develpmental Disabilities Assistance and Bill f Rights Act f 2000 and the Prtectin and Advcacy fr Individuals with Mental Illness Act; the request is made directly n behalf f the rganizatin r its clients; the request is made fr a reasn whlly cnsistent with the prvisins f federal law under Sectin 931 f the Mental Health Cde; and the request is accmpanied by dcumentatin f the rganizatin s designatin by the State 6. Hw may I challenge the denial f a public recrd r an excessive fee? Appeal f a Denial f a Public Recrd If yu believe that all r a prtin f a public recrd has nt been disclsed r has been imprperly exempted frm disclsure, yu may file an appeal f the denial with the Office f the City Manager. The appeal must be in writing, specifically state the wrd "appeal" and identify the reasn r reasns yu are seeking a reversal f the denial. Within 10 business days f receiving the appeal the City Manager will respnd in writing by: reversing the disclsure denial; uphlding the disclsure denial; r reverse the disclsure denial in part and uphld the disclsure denial in part. Whether r nt yu submitted an appeal f a denial t the City Manager, yu may file a civil actin in Ingham Cunty Circuit Curt within 180 days after the City's final determinatin t deny yur request. Shuld yu prevail in the civil actin the curt will award yu reasnable attrneys fees, csts and disbursements. If the curt determines that the City acted arbitrarily and capriciusly in refusing t disclse r prvide a public recrd, the curt shall award yu damages in the amunt f $ Appeal f an Excessive FOIA Prcessing Fee If yu believe that the fee charged by the City t prcess yur FOIA request exceeds the amunt permitted by state law, yu must first submit a written appeal fr a fee reductin t the Office f the City Manager. The appeal must be in writing, specifically state the wrd "appeal" and identify hw the required fee exceeds the amunt permitted. Within 10 business days after receiving the appeal, the City Manager will respnd in writing by: waiving the fee; reducing the fee and issue a written determinatin indicating the specific basis that supprts the remaining fee; uphlding the fee and issue a written determinatin indicating the specific basis that supprts the required fee; r issuing a ntice detailing the reasn r reasns fr extending fr nt mre than 10 business days the perid during which the City Manager will respnd t the written appeal. Within 45 days after receiving ntice f the City Manager s determinatin f the prcessing fee appeal, yu may cmmence a civil actin in East Lansing Cunty Circuit Curt fr a fee reductin. If yu 4

5 prevail in the civil actin by receiving a reductin f 50% r mre f the ttal fee, the curt may award all r apprpriate amunt f reasnable attrneys fees, csts and disbursements. If the curt determines that the City acted arbitrarily and capriciusly by charging an excessive fee, curt may als award yu punitive damages in the amunt f $ Need mre details r infrmatin? This is nly a summary f the City f East Lansing s FOIA Prcedures and Guidelines. Fr mre details and infrmatin, cpies f the City f East Lansing s FOIA Prcedures and Guidelines are available at n charge at the Office f the City Clerk and n the City s website, 5