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Executive Directive 2022-3: Accepting Credit Card Payments for FOIA Requests

To: State Department Directors and Autonomous Agency Heads
From: Governor Gretchen Whitmer

In Executive Directive 2019-11, dated February 1, 2019, I announced that it is the policy of this administration that citizens of Michigan have the information necessary to facilitate engagement with their State government. To further that policy, I directed departments to make the process of requesting public records under the Freedom of Information Act one that is user-friendly.

The Freedom of Information Act, 1976 PA 442, as amended, MCL 15.231 to 15.246, gives persons the right to receive copies of or inspect most public records of public bodies upon request. In some instances, the Freedom of Information Act permits a public body to charge a fee to facilitate the provision of requested records. Making the process of accessing records user-friendly includes streamlining the payment of any fees. Ensuring departments accept credit card payments, which are instantaneous and widely used, will further the goal of transparency.

Acting under sections 1 and 8 of Article 5 of the Michigan Constitution of 1963, I direct the following:

  1.      Working with the Department of Treasury and the Department of Technology,                            Management and Budget, departments must ensure that:

         (a) they have a means to accept credit card payments for any fees associated with the                     production of records under the Freedom of Information Act; and

         (b) the process for making such payments is clearly outlined in their public materials.

  2. Any department that does not currently accept credit card payments for fees associated with the production of records must take steps to begin doing so and to make the relevant information publicly available.

This directive is effective immediately.

Thank you for your cooperation in implementing this directive.

Click to view the full PDF of the executive directive

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