St. Clair Cunty Cmmunity Cllege s PUBLIC SUMMARY OF FOIA PROCEDURES AND GUIDELINES Cnsistent with the Michigan Freedm f Infrmatin Act (FOIA), Public Act 442 f 1976, the fllwing is the written public summary f St. Clair Cunty Cmmunity Cllege s (SC4) FOIA Prcedures and Guidelines relevant t the general public. This is nly a summary f SC4 s FOIA Prcedures and Guidelines. Fr mre details and infrmatin, cpies f SC4 s FOIA Prcedures and Guidelines are available at n charge in the Office f the President, Main Building, Rm 217, and n the SC4 website: www.sc4.edu/foia. 1. Hw d I submit a FOIA request t SC4? A request must sufficiently describe a public recrd s as t enable SC4 t find it. Please include the wrds FOIA r FOIA Request in the request t assist SC4 in prviding a prmpt respnse. Requests t inspect r btain cpies f public recrds prepared, wned, used, pssessed, r retained by SC4 may be submitted in any frm f writing (letter, fax, email, etc.) r by verbal request. Any verbal request will be dcumented by SC4 N specific frm t submit a written request is required Written requests may be delivered in persn t: Office f the President, Main Building, Rm 217 r by mail t: Office f the President, 323 Erie Street, PO Bx 5015, Prt Hurn, MI 48061-5015 Requests may be faxed t: (810) 989-5542. T ensure a prmpt respnse, faxed requests shuld cntain the term FOIA r FOIA Request n the first/cver page. Requests may be emailed t: fiarequest@sc4.edu. T ensure a prmpt respnse, email requests shuld cntain the term FOIA r FOIA Request in the subject line. 2. What kind f respnse can I expect t my request? Within 5 business days after receiving a FOIA request, SC4 will issue a respnse. If a request is received by fax r email, the request is deemed t have been received n the fllwing business day. SC4 will respnd t yur request in ne (1) 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 the request in part. Issue a ntice indicating that, due t the nature f the request, SC4 needs an additinal ten (10) business days t respnd. Issue a written ntice indicating that the public recrd requested is available at n charge n the SC4 website. If the request is granted, r granted in part, SC4 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, SC4 will require a depsit befre prcessing the request. Public Summary f SC4 s FOIA Plicies and Guidelines (June 2015) Page 1
3. What are SC4 s depsit requirements? If SC4 has made a gd-faith calculatin that the ttal fee fr prcessing the request will exceed $50.00, SC4 will require that yu prvide a depsit in the amunt f 50% f the ttal estimated fee. When SC4 requests the depsit, it will prvide yu a nn-binding best effrt estimate f hw lng it will take t prcess the request after yu have paid yur depsit. If SC4 receives a request frm a persn wh has nt paid SC4 fr cpies f public recrds made in fulfillment f a previusly granted written request, SC4 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 SC4's pssessin. The public recrds were made available t the individual, subject t payment, within the best effrt time frame estimated by SC4 t prvide the recrds. Ninety (90) days have passed since SC4 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 SC4. SC4 has calculated an estimated detailed itemizatin that is the basis fr the current written request s increased fee depsit. SC4 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 SC4. SC4 is subsequently paid in full fr all applicable prir written requests. Three hundred sixty five (365) days have passed since the persn made the request fr which full payment was nt remitted t SC4. 4. Hw des SC4 calculate FOIA prcessing fees? The Michigan FOIA statute permits SC4 t charge fr the fllwing csts assciated with prcessing a request: Labr csts assciated with cpying r duplicatin, which includes making paper cpies, making digital cpies, r transferring digital public recrds t nn-paper physical media r thrugh the Internet. Labr csts assciated with searching fr, lcating and examining a requested public recrd when failure t charge a fee will result in unreasnably high csts t SC4. Labr csts assciated with a review f a recrd t separate and delete infrmatin exempt frm disclsure when failure t charge a fee will result in unreasnably high csts t SC4. The cst f cpying r duplicatin, nt including labr, f paper cpies f public recrds. This may include the cst fr cpies f recrds already n SC4 s website if yu ask fr SC4 t make cpies. Public Summary f SC4 s FOIA Plicies and Guidelines (June 2015) Page 2
The cst f cmputer discs, cmputer tapes r ther digital r similar media when the requester asks fr recrds in nn-paper physical media. This may include the cst fr cpies f recrds already n SC4 s website if yu ask fr SC4 t make cpies. The cst t mail r send a public recrd t a requestr. Labr Csts All labr csts will be estimated and charged in 15-minute increments with all partial time increments runded dwn. If the time invlved is less than 15 minutes, there will be n charge. Labr csts will be charged at the hurly wage f the lwest-paid Cllege 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. SC4 may add up t 50% t the applicable labr charge amunt t cver r partially cver the cst f fringe benefits, but in n case may it exceed the actual cst f fringe benefits. Overtime wages will nt be included in labr csts unless agreed t by the requestr; vertime csts will nt be used t calculate the fringe benefit cst. Cntracted labr csts will be charged at the hurly rate f $48.90 (6 times the state minimum hurly wage) A labr cst will nt be charged fr the 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 SC4. Csts are cnsidered unreasnably high fr a particular FOIA request when they are excessive and beynd the nrmal r usual amunt fr services when cmpared t SC4 s typical FOIA requests. SC4 must specifically identify the nature f the unreasnably high csts in writing. Cpying and Duplicatin SC4 must use the mst ecnmical methd fr making cpies f public recrds, including using duble-sided printing, if cst-saving and available. Nn-paper Cpies n 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 be charged nly if SC4 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 $.10 per sheet f paper. Cpies fr nn-standard sized sheets f paper will reflect the actual cst f reprductin. Public Summary f SC4 s FOIA Plicies and Guidelines (June 2015) Page 3
Mailing Csts The cst t mail public recrds will use a reasnably ecnmical and justified means. SC4 may charge fr the least expensive frm f pstal delivery cnfirmatin. N cst will be made fr expedited shipping r insurance unless yu request it. Waiver f Fees The cst f the search fr and cpying f a public recrd may be waived r reduced if in the sle judgment f the FOIA Crdinatr a waiver r reduced fee is in the public interest because it can be cnsidered as primarily benefitting the general public. The SC4 Bard may identify specific recrds r types f recrds it deems shuld be made available fr n charge r at a reduced cst. 5. Hw d I qualify fr an indigence discunt n the fee? SC4 will discunt the first $20.00 f fees fr a request if yu submit an affidavit stating that yu are: Indigent and receiving specific public assistance If nt receiving public assistance, stating facts demnstrating an inability t pay because f indigence. An affidavit is swrn statement Yu are nt eligible t receive the $20.00 discunt if yu: Have previusly received discunted cpies f public recrds frm SC4 twice during the calendar year. Are requesting infrmatin n behalf f ther persns wh are ffering r prviding payment t yu t make the request. 6. May a nnprfit rganizatin receive a discunt n the fee? A nnprfit rganizatin advcating fr develpmentally disabled r mentally ill individuals that is frmally designated by the state t carry ut activities under subtitle C f the federal develpmental disabilities assistance and bill f rights act f 2000, Public Law 106-402, and the prtectin and advcacy fr individuals with mental illness act, Public Law 99-319, may receive a $20.00 discunt if the request meets all f the fllwing requirements in the Act: Is made directly n behalf f the rganizatin r its clients. Is made fr a reasn whlly cnsistent with the missin and prvisins f thse laws under sectin 931 f the mental health cde, 1974 PA 258, MCL 330.1931. Is accmpanied by dcumentatin f its designatin by the state, if requested by the public bdy. 6. Hw may I challenge the denial f a public recrd r an excessive fee? Public Summary f SC4 s FOIA Plicies and Guidelines (June 2015) Page 4
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 appeal t SC4 Bard f Trustees by filing a written appeal f the denial with the Office f the President. 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. The SC4 Bard is nt cnsidered t have received a written appeal until the first regularly scheduled Bard meeting fllwing submissin f the written appeal. Within 10 business days f receiving the appeal, the SC4 Bard will respnd in writing by: Reversing the disclsure denial. Uphlding the disclsure denial. Reversing the disclsure denial in part and uphlding the disclsure denial in part. Whether r nt yu submitted an appeal f a denial t SC4 Bard, yu may file a civil actin in St. Clair Cunty Circuit Curt within 180 days after SC4's final determinatin t deny yur request. If yu prevail in the civil actin, the curt will award yu reasnable attrneys fees, csts and disbursements. If the curt determines that SC4 acted arbitrarily and capriciusly in refusing t disclse r prvide a public recrd, the curt shall award yu damages in the amunt f $1,000. Appeal f an Excess FOIA Prcessing Fee If yu believe that the fee charged by SC4 t prcess yur FOIA request exceeds the amunt permitted by state law, yu must first appeal t SC4 Bard f Trustees by filing a written appeal fr a fee reductin t the Office f the President. The appeal must specifically state the wrd appeal and identify hw the required fee exceeds the amunt permitted. The SC4 Bard is nt cnsidered t have received a written appeal until the first regularly scheduled Bard meeting fllwing submissin f the written appeal. Within 10 business days after receiving the appeal, the SC4 Bard 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. Issuing a ntice detailing the reasn r reasns fr extending fr nt mre than 10 business days the perid during which the SC4 Bard will respnd t the written appeal. Within 45 days after receiving ntice f SC4 Bard s determinatin f the prcessing fee appeal, yu may cmmence a civil actin in St. Clair Cunty Circuit Curt fr a fee reductin. If yu prevail in the civil actin by receiving a reductin f 50% r mre f the ttal fee, the curt may award all r an apprpriate amunt f reasnable attrneys fees, csts, and disbursements. If the curt determines that SC4 acted arbitrarily and capriciusly by charging an excessive fee, the curt may als award yu punitive damages in the amunt f $500. Public Summary f SC4 s FOIA Plicies and Guidelines (June 2015) Page 5