FOIA FAQs

What is the purpose of the Michigan Freedom of Information Act (FOIA)?

The Michigan FOIA is a mechanism for people to obtain the public records of public bodies as they 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 public employees.

What is the difference between the Federal FOIA and the Michigan FOIA?

The Federal FOIA applies to federal agencies. The Michigan FOIA applies to State of Michigan public bodies. State of Michigan public bodies are not subject to the Federal FOIA. If you want to request public records from a federal agency, such as the Office of Immigration and Customs Enforcement (ICE), you must submit your request directly to that federal agency.

Who can submit a request under the Michigan FOIA?

Any person except those serving a sentence in a federal prison, state prison, or local correctional facility.

What are public records under the Michigan FOIA?

A public record is a writing prepared, owned, used, in the possession of, or retained by a public body in the performance of an official function, from the time it is created. Public record does not include computer software. Some examples of what is a "writing" are: anything handwritten, typed, printed, photographed, photocopies, videos or audio recordings. You can find the complete list in MCL 15.232(l). The Michigan FOIA does not require a public body to create new records or compile information. For example, a person can request a copy of a report of information, if it exists, but cannot request a public body create a report of information.

Who is a public body?

Calhoun County Government as a "county governing body" is considered a public body. State officers, employees, agencies, departments, as well as county, city, township or village governing bodies are all considered "public bodies" under the Michigan FOIA.

Who is not a public body?

Courts (the judiciary) are not considered public bodies under the Michigan FOIA. This includes the County Clerk and its employees when performing work of the clerk of the circuit court. Requests for court case documents, orders, or transcripts are not proper requests under the Michigan FOIA. Requests for court documents must be requested directly from the court who presided over the case.

Why were some or all of the public records that I received per my request redacted (blocked out)?

The Michigan FOIA creates exemptions for information not subject to disclosure. The list of exemptions is found in MCL 15.243. Other statutes, such as the William VanRegenmorter Crime Victim's Rights Act, also specifically state that some information may not be disclosed under the Michigan FOIA. If you received redacted documents, you will be told why the information was redacted as exempt.

Why was some or all of my request denied?

A denial can be because an entire document is considered exempt based on the list of exemptions found in MCL 15.243. For example, any writing generated by the law enforcement information network (LEIN) is exempt from disclosure. Another reason could be that the document requested does not exist.

Who decides whether my request is approved or denied?

A public body must designate a FOIA Coordinator to accept, process, approve or deny requests under the Michigan FOIA. A FOIA Coordinator can designate other individuals to act on their behalf for accepting, processing, approving and denying requests. The Calhoun County FOIA Coordinator is Corporation Counsel Kate Ambrose. Each County Department has one or two staff members designated by the FOIA Coordinator to accept, process, approve or deny requests specific to their department.

How can I challenge the denial of my request?

You may either submit in writing to the head of the public body, a document entitled "appeal," stating the reason you believe you should not have been denied, or you may file a civil case in circuit court to compel the disclosure. The head of the public body in Calhoun County is the Chairperson of the Board of Commissioners.

Where can I find Calhoun County's written FOIA policy?

Use this link to find Calhoun County's written FOIA policy. Policy 233 -Freedom of Information Act.pdf