Michigan Department of State Freedom of Information Act procedures and guidelines

A. Appointment of FOIA coordinator
B. Submission of FOIA request
C. Immediately forward FOIA request
D. Request response time
E. Response to a FOIA request
F. Notification of FOIA request
G. Assessment of fees for a FOIA request
H. Deposit requirements
I. Inspection of records
J. Appeals of fees and disclosure determinations
K. Transparency liaison

In accordance with section 6 of the FOIA, MCL 15.236, the department has appointed a FOIA coordinator, as well as alternate FOIA coordinators.

A FOIA request must be submitted in writing. For quickest service, requests may be made online using the MDOS FOIA request system.

Online

Third party – An individual using State of Michigan online services on behalf of someone else such as a business, organization, or corporation.

Public – An individual using State of Michigan online services for their own personal transactions.

Third party login     Public login

Email: MDOS-FOIA@Michigan.gov

USPS mailing address:

Michigan Department of State
Attn: FOIA coordinator
P.O. Box 30204
Lansing, MI 48918

Requests MUST include:

• a detailed description of the records sought to enable the department to search for and locate potentially responsive documents
• the requesting person's complete name
• the requesting person's address in compliance with United States Postal Service addressing standards
• a valid telephone number or electronic mail address

Any employee of the department who receives a written request for a public record must immediately forward that request to the FOIA coordinator, MDOS-FOIA@Michigan.gov. If a department employee receives a written request for a public record that is delivered to a spam or junk-mail folder, the employee must record the date and time the written request is delivered to the spam or junk-mail folder and date and time the employee first becomes aware of the written request. The employee must forward those dates and times to the FOIA coordinator with the written request.

The department may extend the time for responding by an additional 10 business days by notifying the requesting person in writing of the reason for the extension and the new due date. MCL 15.235(2)(d) and (6) Due to the short statutory time period within which the department must issue a written notice in response to the FOIA request, it is imperative that there be no delay in complying with the departmental procedures and guidelines.

The department will provide copies of these procedures and guidelines and a summary of these procedures and guidelines with each written response or provide a link to an online version of these documents. If a request is denied, in full or in part, the department will provide the requester an explanation of the basis of the denial under the FOIA, and give notice to the requester of his or her remedial rights. MCL 15.235(4)

Upon receipt of a FOIA request, the department's FOIA coordinator will email or, with the permission of the FOIA coordinator's supervisor, fax the division or divisions that might possess records responsive to the FOIA request.

The FOIA permits the department to charge a fee for the search, retrieval, examination, review, and separation and deletion of exempt from nonexempt material, but only if the failure to charge a fee would result in unreasonably high costs to the department because of the nature of the request in the particular instance, and the department specifically identifies the nature of these unreasonably high costs. MCL 15.234(1) and (3)

The following fee guidelines for calculating labor and material costs incurred in processing FOIA requests are established pursuant to MCL 15.234(3):

1. Fees will be uniform and not dependent upon the identity of the requesting person.
2. No department employee shall stipulate to work overtime or include overtime wages in the labor costs described in these procedures and guidelines.
3. If a requester submits an affidavit of indigency, the first $20 of a fee will be waived. A requesting person must include a statement that the request is not being made in conjunction with outside parties in exchange for payment or other remuneration.
4. If a statute authorizes the sale or production of public records to the public for a specified fee or if a fee for production of public records is otherwise set by statute, the department will charge the statutory fee in lieu of a fee calculated using the guidelines set forth in the following.
5. The department will not charge a fee for the search, retrieval, examination, review, and separation and deletion of exempt from nonexempt material that will take less than 15 minutes. If the search, retrieval, examination, review, and separation and deletion of exempt from nonexempt material will take more than 15 minutes, a fee will be charged in accordance with this procedure pursuant to section 4 of the FOIA, MCL 15.234. The hourly wage will be based on the department's payroll records for the applicable fiscal year.
6. Fees will be itemized using the MDOS FOIA request system or the attached detailed itemization of fees and will include:

1. Labor costs for the search, location, and examination of public records will be calculated using the hourly wage of the department's lowest paid employee capable of conducting the search, location, and examination, whether or not they are available or actually perform the labor. Such labor costs shall be estimated and charged in increments of 15 minutes with all partial increments rounded down. The hourly wage will be based on the department's payroll records for the applicable fiscal year. Labor costs shall also include up to 50% of the hourly wage to partially cover the cost of fringe benefits, not to exceed the actual cost of fringe benefits.
2. Labor costs for the review of public records and separation and deletion of exempt from nonexempt material will be calculated using the hourly wage of the department's lowest paid employee capable of conducting the review and separation and deletion of exempt from nonexempt material, whether or not they are available or actually perform the labor. Such labor costs shall be estimated and charged in increments of 15 minutes with all partial increments rounded down. The hourly wage will be based on the department's payroll records for the applicable fiscal year. Labor costs shall also include up to 50% of the hourly wage to partially cover the cost of fringe benefits, not to exceed the actual cost of fringe benefits.
3. Nonpaper physical media costs will be calculated using the actual and most reasonably economical cost of computer discs, computer tapes, and other digital and similar media provided by the department.
4. Duplication and publication costs will be calculated using the actual total incremental cost of necessary duplication or publication of a public record, not including labor. The actual and incremental cost, calculated per sheet, shall be charged and will not exceed 10 cents per sheet of paper for letter or legal size paper. The department shall use the most economical means available for making copies, including the use of double-sided printing, if cost-saving and available.
5. Labor costs for the duplication or publication of public records, including making paper copies, making digital copies, or transferring digital public records to be produced on nonpaper physical media or through electronic means, will be calculated using the hourly wage of the department's lowest paid employee capable of duplicating or publishing the public records, whether or not they are available or actually perform the labor. Such labor costs shall be estimated and charged in increments of 15 minutes with all partial increments rounded down. The hourly wage will be based on the department's payroll records for the applicable fiscal year. Labor costs shall also include up to 50% of the hourly wage to partially cover the cost of fringe benefits, not to exceed the actual cost of fringe benefits.
6. Actual costs of mailing using a reasonably economical and justifiable manner.
7. Labor costs for monitoring an inspection of original records will be calculated using the hourly wage of the department's lowest paid employee capable of monitoring the inspection. Labor costs for monitoring an inspection will not be charged for the first hour.

If the department estimates a fee to process a FOIA request greater than $50, the department will require a good-faith deposit from the requester before providing the public records to the requester. The deposit shall not exceed 1/2 of the total estimated fee. Any written notice containing a notice of a deposit shall also contain a best efforts estimate by the department regarding the time frame after a deposit is received that it will take the department to provide the public records to the requester. The time frame estimate is not binding upon the department, but the department shall provide the estimate in good faith and strive to be reasonably accurate and to provide the public records in a manner based on this State's public policy under section 1 of the FOIA, MCL 15.231, and the nature of the request in the particular instance. If a fee appeal has not been filed under section 10a of the FOIA, MCL 15.240a, the department must receive the required deposit within 45 days after your statutorily-determined receipt of the estimate (3 days after the department sends the estimate), otherwise the FOIA request will be considered abandoned and the department will not be required to fulfill the request.

The department shall furnish a person a reasonable opportunity for inspection and examination of a public record, and shall furnish a reasonable facility during the usual business hours. Note: Section 3(3) of the FOIA, MCL 15.233(3), provides, in pertinent part, that "[a] public body shall protect public records from loss, unauthorized alteration, mutilation, or destruction." The department will:

1. Provide a designated space for inspection and examination.
2. Be present while the document is being reviewed.
3. Not allow original documents to be removed from the file or from the designated space (unless a copy is made by the FOIA coordinator or liaison).
4. Protect a public record from loss, unauthorized alteration, mutilation, or destruction.
5. Record and invoice a reasonable fee for department staff who assist and oversee the process of a person’s record search, copying, and examination of the public record.

If the department charges a fee or denies all or part of a request, the requester may submit to the head of the department a written appeal that specifically states the word "appeal" and identifies the basis for which the fee should be reduced or the disclosure determination should be reversed. Written appeals may be sent to the email address or mailing address listed previously and will be forwarded to the person designated by the Michigan Secretary of State to respond to written appeals.

Governor Gretchen Whitmer’s Executive Directive No. 2019-11, states that each department or autonomous agency is required to designate a transparency liaison that shall do the following:

1. Assist members of the public seeking a public record from the department or agency in navigating the requirements of the Freedom of Information Act or other law applicable to public records, including by providing educational materials on the website of the department or agency.
2. Assist members of the public seeking to participate in a public meeting held by a board or commission within the department or agency in a manner that complies with the Open Meetings Act, including by providing educational materials on the website.
3. Make recommendations to the department and agency for compliance with this directive, to reduce costs relating to public records requests, and to encourage greater transparency.
4. Advocate for the disclosure of public records quickly and in a cost-efficient manner.
5. Advocate for transparency and procedures that encourage public participation in public meetings.
6. Consult with the department or agency’s Freedom of Information Act coordinator regarding compliance with this directive and the Freedom of Information Act.
7. Recommend changes to the department’s or agency’s procedures and guidelines and written public summary of the procedures and guidelines for the department under section 4 of the Freedom of Information Act, MCL 15.234.

In compliance with the Executive Directive, the Michigan Department of State’s Transparency Liaison contact information is:

Transparency Liaison
Michigan Department of State
P.O. Box 30204
Lansing, MI 48918
MDOS-Transparency@Michigan.gov