MCL § 15.234 – Furnishing copies of public records
Table of Contents
Code Details
FREEDOM OF INFORMATION ACT (EXCERPT)
Act 442 of 1976
Exact Statute Text
Click to view the complete statute text
15.234 Fee; limitation on total fee; labor costs; establishment of procedures and guidelines; creation of written public summary; detailed itemization; availability of information on website; notification to requestor; deposit; failure to respond in timely manner; increased estimated fee deposit; deposit as fee; failure to pay or appeal deposit; request abandoned.
Sec. 4.
(1) A public body may charge a fee for a public record search, for the necessary copying of a public record for inspection, or for providing a copy of a public record if it has established, makes publicly available, and follows procedures and guidelines to implement this section as described in subsection (4). Subject to subsections (2), (3), (4), (5), and (9), the fee must be limited to actual mailing costs, and to the actual incremental cost of duplication or publication including labor, the cost of search, examination, review, and the deletion and separation of exempt from nonexempt information as provided in section 14. Except as otherwise provided in this act, if the public body estimates or charges a fee in accordance with this act, the total fee must not exceed the sum of the following components:
(a) That portion of labor costs directly associated with the necessary searching for, locating, and examining of public records in conjunction with receiving and fulfilling a granted written request. The public body shall not charge more than the hourly wage of its lowest-paid employee capable of searching for, locating, and examining the public records in the particular instance regardless of whether that person is available or who actually performs the labor. Labor costs under this subdivision shall be estimated and charged in increments of 15 minutes or more, with all partial time increments rounded down.
(b) That portion of labor costs, including necessary review, if any, directly associated with the separating and deleting of exempt information from nonexempt information as provided in section 14. For services performed by an employee of the public body, the public body shall not charge more than the hourly wage of its lowest-paid employee capable of separating and deleting exempt information from nonexempt information in the particular instance as provided in section 14, regardless of whether that person is available or who actually performs the labor. If a public body does not employ a person capable of separating and deleting exempt information from nonexempt information in the particular instance as provided in section 14 as determined by the public body’s FOIA coordinator on a case-by-case basis, it may treat necessary contracted labor costs used for the separating and deleting of exempt information from nonexempt information in the same manner as employee labor costs when calculating charges under this subdivision if it clearly notes the name of the contracted person or firm on the detailed itemization described under subsection (4). Total labor costs calculated under this subdivision for contracted labor costs must not exceed an amount equal to 6 times the state minimum hourly wage rate determined under section 4 of the improved workforce opportunity wage act, 2018 PA 337, MCL 408.934. Labor costs under this subdivision shall be estimated and charged in increments of 15 minutes or more, with all partial time increments rounded down. A public body shall not charge for labor directly associated with redaction under section 14 if it knows or has reason to know that it previously redacted the public record in question and the redacted version is still in the public body’s possession.
(c) For public records provided to the requestor on any form of nonpaper physical media, the actual and most reasonably economical cost of the nonpaper physical media. The requestor may stipulate that the public records be provided on nonpaper physical media, electronically mailed, or otherwise electronically provided to him or her in lieu of paper copies. This subdivision does not apply if a public body lacks the technological capability necessary to provide records on the particular nonpaper physical media stipulated in the particular instance.
(d) For paper copies of public records provided to the requestor, the actual total incremental cost of necessary duplication or publication, not including labor. The cost of paper copies shall be calculated as a total cost per sheet of paper and shall be itemized and noted in a manner that expresses both the cost per sheet and the number of sheets provided. The fee must not exceed 10 cents per sheet of paper for copies of public records made on 8-1/2- by 11-inch paper or 8-1/2- by 14-inch paper. A public body shall utilize the most economical means available for making copies of public records, including using double-sided printing, if cost saving and available.
(e) The cost of labor directly associated with duplication or publication, including making paper copies, making digital copies, or transferring digital public records to be given to the requestor on nonpaper physical media or through the internet or other electronic means as stipulated by the requestor. The public body shall not charge more than the hourly wage of its lowest-paid employee capable of necessary duplication or publication in the particular instance, regardless of whether that person is available or who actually performs the labor. Labor costs under this subdivision may be estimated and charged in time increments of the public body’s choosing; however, all partial time increments shall be rounded down.
(f) The actual cost of mailing, if any, for sending the public records in a reasonably economical and justifiable manner. The public body shall not charge more for expedited shipping or insurance unless specifically stipulated by the requestor, but may otherwise charge for the least expensive form of postal delivery confirmation when mailing public records.
(2) When calculating labor costs under subsection (1)(a), (b), or (e), fee components shall be itemized in a manner that expresses both the hourly wage and the number of hours charged. The public body may also add up to 50% to the applicable labor charge amount to cover or partially cover the cost of fringe benefits if it clearly notes the percentage multiplier used to account for benefits in the detailed itemization described in subsection (4). Subject to the 50% limitation, the public body shall not charge more than the actual cost of fringe benefits, and overtime wages shall not be used in calculating the cost of fringe benefits. Overtime wages shall not be included in the calculation of labor costs unless overtime is specifically stipulated by the requestor and clearly noted on the detailed itemization described in subsection (4). A search for a public record may be conducted or copies of public records may be furnished without charge or at a reduced charge if the public body determines that a waiver or reduction of the fee is in the public interest because searching for or furnishing copies of the public record can be considered as primarily benefiting the general public. A public record search shall be made and a copy of a public record shall be furnished without charge for the first $20.00 of the fee for each request by either of the following:
(a) An individual who is entitled to information under this act and who submits an affidavit stating that the individual is indigent and receiving specific public assistance or, if not receiving public assistance, stating facts showing inability to pay the cost because of indigency. If the requestor is eligible for a requested discount, the public body shall fully note the discount on the detailed itemization described under subsection (4). If a requestor is ineligible for the discount, the public body shall inform the requestor specifically of the reason for ineligibility in the public body’s written response. An individual is ineligible for this fee reduction if any of the following apply:
(i) The individual has previously received discounted copies of public records under this subsection from the same public body twice during that calendar year.
(ii) The individual requests the information in conjunction with outside parties who are offering or providing payment or other remuneration to the individual to make the request. A public body may require a statement by the requestor in the affidavit that the request is not being made in conjunction with outside parties in exchange for payment or other remuneration.
(b) A nonprofit organization formally designated by the state to carry out activities under subtitle C of the developmental disabilities assistance and bill of rights act of 2000, Public Law 106-402, and the protection and advocacy for individuals with mental illness act, Public Law 99-319, or their successors, if the request meets all of the following requirements:
(i) Is made directly on behalf of the organization or its clients.
(ii) Is made for a reason wholly consistent with the mission and provisions of those laws under section 931 of the mental health code, 1974 PA 258, MCL 330.1931.
(iii) Is accompanied by documentation of its designation by the state, if requested by the public body.
(3) A fee as described in subsection (1) shall not be charged for the cost of search, examination, review, and the deletion and separation of exempt from nonexempt information as provided in section 14 unless failure to charge a fee would result in unreasonably high costs to the public body because of the nature of the request in the particular instance, and the public body specifically identifies the nature of these unreasonably high costs.
(4) A public body shall establish procedures and guidelines to implement this act and shall create a written public summary of the specific procedures and guidelines relevant to the general public regarding how to submit written requests to the public body and explaining how to understand a public body’s written responses, deposit requirements, fee calculations, and avenues for challenge and appeal. The written public summary shall be written in a manner so as to be easily understood by the general public. If the public body directly or indirectly administers or maintains an official internet presence, it shall post and maintain the procedures and guidelines and its written public summary on its website. A public body shall make the procedures and guidelines publicly available by providing free copies of the procedures and guidelines and its written public summary both in the public body’s response to a written request and upon request by visitors at the public body’s office. A public body that posts and maintains procedures and guidelines and its written public summary on its website may include the website link to the documents in lieu of providing paper copies in its response to a written request. A public body’s procedures and guidelines must include the use of a standard form for detailed itemization of any fee amount in its responses to written requests under this act. The detailed itemization must clearly list and explain the allowable charges for each of the 6 fee components listed under subsection (1) that compose the total fee used for estimating or charging purposes. Other public bodies may use a form created by the department of technology, management, and budget or create a form of their own that complies with this subsection. A public body that has not established procedures and guidelines, has not created a written public summary, or has not made those items publicly available without charge as required in this subsection is not relieved of its duty to comply with any requirement of this act and shall not require deposits or charge fees otherwise permitted under this act until it is in compliance with this subsection. Notwithstanding this subsection and despite any law to the contrary, a public body’s procedures and guidelines under this act are not exempt public records under section 13.
(5) If the public body directly or indirectly administers or maintains an official internet presence, any public records available to the general public on that internet site at the time the request is made are exempt from any charges under subsection (1)(b). If the FOIA coordinator knows or has reason to know that all or a portion of the requested information is available on its website, the public body shall notify the requestor in its written response that all or a portion of the requested information is available on its website. The written response, to the degree practicable in the specific instance, must include a specific webpage address where the requested information is available. On the detailed itemization described in subsection (4), the public body shall separate the requested public records that are available on its website from those that are not available on the website and shall inform the requestor of the additional charge to receive copies of the public records that are available on its website. If the public body has included the website address for a record in its written response to the requestor and the requestor thereafter stipulates that the public record be provided to him or her in a paper format or other form as described under subsection (1)(c), the public body shall provide the public records in the specified format but may use a fringe benefit multiplier greater than the 50% limitation in subsection (2), not to exceed the actual costs of providing the information in the specified format.
(6) A public body may provide requested information available in public records without receipt of a written request.
(7) If a verbal request for information is for information that a public body believes is available on the public body’s website, the public employee shall, where practicable and to the best of the public employee’s knowledge, inform the requestor about the public body’s pertinent website address.
(8) In either the public body’s initial response or subsequent response as described under section 5(2)(d), the public body may require a good-faith deposit from the person requesting information before providing the public records to the requestor if the entire fee estimate or charge authorized under this section exceeds $50.00, based on a good-faith calculation of the total fee described in subsection (4). Subject to subsection (10), the deposit must not exceed 1/2 of the total estimated fee, and a public body’s request for a deposit must include a detailed itemization as required under subsection (4). The response must also contain a best efforts estimate by the public body regarding the time frame it will take the public body to comply with the law in providing the public records to the requestor. The time frame estimate is nonbinding upon the public body, but the public body 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 and the nature of the request in the particular instance. If a public body does not respond in a timely manner as described under section 5(2), it is not relieved from its requirements to provide proper fee calculations and time frame estimates in any tardy responses. Providing an estimated time frame does not relieve a public body from any of the other requirements of this act.
(9) If a public body does not respond to a written request in a timely manner as required under section 5(2), the public body shall do the following:
(a) Reduce the charges for labor costs otherwise permitted under this section by 5% for each day the public body exceeds the time permitted under section 5(2) for a response to the request, with a maximum 50% reduction, if either of the following applies:
(i) The late response was willful and intentional.
(ii) The written request included language that conveyed a request for information within the first 250 words of the body of a letter, facsimile, electronic mail, or electronic mail attachment, or specifically included the words, characters, or abbreviations for “freedom of information”, “information”, “FOIA”, “copy”, or a recognizable misspelling of such, or appropriate legal code reference for this act, on the front of an envelope, or in the subject line of an electronic mail, letter, or facsimile cover page.
(b) If a charge reduction is required under subdivision (a), fully note the charge reduction on the detailed itemization described under subsection (4).
(10) This section does not apply to public records prepared under an act or statute specifically authorizing the sale of those public records to the public, or if the amount of the fee for providing a copy of the public record is otherwise specifically provided by an act or statute.
(11) Subject to subsection (12), after a public body has granted and fulfilled a written request from an individual under this act, if the public body has not been paid in full the total amount under subsection (1) for the copies of public records that the public body made available to the individual as a result of that written request, the public body may require a deposit of up to 100% of the estimated fee before it begins a full public record search for any subsequent written request from that individual if all of the following apply:
(a) The final fee for the prior written request was not more than 105% of the estimated fee.
(b) The public records made available contained the information being sought in the prior written request and are still in the public body’s possession.
(c) The public records were made available to the individual, subject to payment, within the time frame estimate described under subsection (8).
(d) Ninety days have passed since the public body notified the individual in writing that the public records were available for pickup or mailing.
(e) The individual is unable to show proof of prior payment to the public body.
(f) The public body calculates a detailed itemization, as required under subsection (4), that is the basis for the current written request’s increased estimated fee deposit.
(12) A public body shall no longer require an increased estimated fee deposit from an individual as described under subsection (11) if any of the following apply:
(a) The individual is able to show proof of prior payment in full to the public body.
(b) The public body is subsequently paid in full for the applicable prior written request.
(c) Three hundred sixty-five days have passed since the individual made the written request for which full payment was not remitted to the public body.
(13) A deposit required by a public body under this act is a fee.
(14) If a deposit that is required under subsection (8) or (11) is not received by the public body within 45 days from receipt by the requesting person of the notice that a deposit is required, and if the requesting person has not filed an appeal of the deposit amount pursuant to section 10a, the request shall be considered abandoned by the requesting person and the public body is no longer required to fulfill the request. Notice of a deposit requirement under subsection (8) or (11) is considered received 3 days after it is sent, regardless of the means of transmission. Notice of a deposit requirement under subsection (8) or (11) must include notice of the date by which the deposit must be received, which date is 48 days after the date the notice is sent.
Sec. 4.
(1) A public body may charge a fee for a public record search, for the necessary copying of a public record for inspection, or for providing a copy of a public record if it has established, makes publicly available, and follows procedures and guidelines to implement this section as described in subsection (4). Subject to subsections (2), (3), (4), (5), and (9), the fee must be limited to actual mailing costs, and to the actual incremental cost of duplication or publication including labor, the cost of search, examination, review, and the deletion and separation of exempt from nonexempt information as provided in section 14. Except as otherwise provided in this act, if the public body estimates or charges a fee in accordance with this act, the total fee must not exceed the sum of the following components:
(a) That portion of labor costs directly associated with the necessary searching for, locating, and examining of public records in conjunction with receiving and fulfilling a granted written request. The public body shall not charge more than the hourly wage of its lowest-paid employee capable of searching for, locating, and examining the public records in the particular instance regardless of whether that person is available or who actually performs the labor. Labor costs under this subdivision shall be estimated and charged in increments of 15 minutes or more, with all partial time increments rounded down.
(b) That portion of labor costs, including necessary review, if any, directly associated with the separating and deleting of exempt information from nonexempt information as provided in section 14. For services performed by an employee of the public body, the public body shall not charge more than the hourly wage of its lowest-paid employee capable of separating and deleting exempt information from nonexempt information in the particular instance as provided in section 14, regardless of whether that person is available or who actually performs the labor. If a public body does not employ a person capable of separating and deleting exempt information from nonexempt information in the particular instance as provided in section 14 as determined by the public body’s FOIA coordinator on a case-by-case basis, it may treat necessary contracted labor costs used for the separating and deleting of exempt information from nonexempt information in the same manner as employee labor costs when calculating charges under this subdivision if it clearly notes the name of the contracted person or firm on the detailed itemization described under subsection (4). Total labor costs calculated under this subdivision for contracted labor costs must not exceed an amount equal to 6 times the state minimum hourly wage rate determined under section 4 of the improved workforce opportunity wage act, 2018 PA 337, MCL 408.934. Labor costs under this subdivision shall be estimated and charged in increments of 15 minutes or more, with all partial time increments rounded down. A public body shall not charge for labor directly associated with redaction under section 14 if it knows or has reason to know that it previously redacted the public record in question and the redacted version is still in the public body’s possession.
(c) For public records provided to the requestor on any form of nonpaper physical media, the actual and most reasonably economical cost of the nonpaper physical media. The requestor may stipulate that the public records be provided on nonpaper physical media, electronically mailed, or otherwise electronically provided to him or her in lieu of paper copies. This subdivision does not apply if a public body lacks the technological capability necessary to provide records on the particular nonpaper physical media stipulated in the particular instance.
(d) For paper copies of public records provided to the requestor, the actual total incremental cost of necessary duplication or publication, not including labor. The cost of paper copies shall be calculated as a total cost per sheet of paper and shall be itemized and noted in a manner that expresses both the cost per sheet and the number of sheets provided. The fee must not exceed 10 cents per sheet of paper for copies of public records made on 8-1/2- by 11-inch paper or 8-1/2- by 14-inch paper. A public body shall utilize the most economical means available for making copies of public records, including using double-sided printing, if cost saving and available.
(e) The cost of labor directly associated with duplication or publication, including making paper copies, making digital copies, or transferring digital public records to be given to the requestor on nonpaper physical media or through the internet or other electronic means as stipulated by the requestor. The public body shall not charge more than the hourly wage of its lowest-paid employee capable of necessary duplication or publication in the particular instance, regardless of whether that person is available or who actually performs the labor. Labor costs under this subdivision may be estimated and charged in time increments of the public body’s choosing; however, all partial time increments shall be rounded down.
(f) The actual cost of mailing, if any, for sending the public records in a reasonably economical and justifiable manner. The public body shall not charge more for expedited shipping or insurance unless specifically stipulated by the requestor, but may otherwise charge for the least expensive form of postal delivery confirmation when mailing public records.
(2) When calculating labor costs under subsection (1)(a), (b), or (e), fee components shall be itemized in a manner that expresses both the hourly wage and the number of hours charged. The public body may also add up to 50% to the applicable labor charge amount to cover or partially cover the cost of fringe benefits if it clearly notes the percentage multiplier used to account for benefits in the detailed itemization described in subsection (4). Subject to the 50% limitation, the public body shall not charge more than the actual cost of fringe benefits, and overtime wages shall not be used in calculating the cost of fringe benefits. Overtime wages shall not be included in the calculation of labor costs unless overtime is specifically stipulated by the requestor and clearly noted on the detailed itemization described in subsection (4). A search for a public record may be conducted or copies of public records may be furnished without charge or at a reduced charge if the public body determines that a waiver or reduction of the fee is in the public interest because searching for or furnishing copies of the public record can be considered as primarily benefiting the general public. A public record search shall be made and a copy of a public record shall be furnished without charge for the first $20.00 of the fee for each request by either of the following:
(a) An individual who is entitled to information under this act and who submits an affidavit stating that the individual is indigent and receiving specific public assistance or, if not receiving public assistance, stating facts showing inability to pay the cost because of indigency. If the requestor is eligible for a requested discount, the public body shall fully note the discount on the detailed itemization described under subsection (4). If a requestor is ineligible for the discount, the public body shall inform the requestor specifically of the reason for ineligibility in the public body’s written response. An individual is ineligible for this fee reduction if any of the following apply:
(i) The individual has previously received discounted copies of public records under this subsection from the same public body twice during that calendar year.
(ii) The individual requests the information in conjunction with outside parties who are offering or providing payment or other remuneration to the individual to make the request. A public body may require a statement by the requestor in the affidavit that the request is not being made in conjunction with outside parties in exchange for payment or other remuneration.
(b) A nonprofit organization formally designated by the state to carry out activities under subtitle C of the developmental disabilities assistance and bill of rights act of 2000, Public Law 106-402, and the protection and advocacy for individuals with mental illness act, Public Law 99-319, or their successors, if the request meets all of the following requirements:
(i) Is made directly on behalf of the organization or its clients.
(ii) Is made for a reason wholly consistent with the mission and provisions of those laws under section 931 of the mental health code, 1974 PA 258, MCL 330.1931.
(iii) Is accompanied by documentation of its designation by the state, if requested by the public body.
(3) A fee as described in subsection (1) shall not be charged for the cost of search, examination, review, and the deletion and separation of exempt from nonexempt information as provided in section 14 unless failure to charge a fee would result in unreasonably high costs to the public body because of the nature of the request in the particular instance, and the public body specifically identifies the nature of these unreasonably high costs.
(4) A public body shall establish procedures and guidelines to implement this act and shall create a written public summary of the specific procedures and guidelines relevant to the general public regarding how to submit written requests to the public body and explaining how to understand a public body’s written responses, deposit requirements, fee calculations, and avenues for challenge and appeal. The written public summary shall be written in a manner so as to be easily understood by the general public. If the public body directly or indirectly administers or maintains an official internet presence, it shall post and maintain the procedures and guidelines and its written public summary on its website. A public body shall make the procedures and guidelines publicly available by providing free copies of the procedures and guidelines and its written public summary both in the public body’s response to a written request and upon request by visitors at the public body’s office. A public body that posts and maintains procedures and guidelines and its written public summary on its website may include the website link to the documents in lieu of providing paper copies in its response to a written request. A public body’s procedures and guidelines must include the use of a standard form for detailed itemization of any fee amount in its responses to written requests under this act. The detailed itemization must clearly list and explain the allowable charges for each of the 6 fee components listed under subsection (1) that compose the total fee used for estimating or charging purposes. Other public bodies may use a form created by the department of technology, management, and budget or create a form of their own that complies with this subsection. A public body that has not established procedures and guidelines, has not created a written public summary, or has not made those items publicly available without charge as required in this subsection is not relieved of its duty to comply with any requirement of this act and shall not require deposits or charge fees otherwise permitted under this act until it is in compliance with this subsection. Notwithstanding this subsection and despite any law to the contrary, a public body’s procedures and guidelines under this act are not exempt public records under section 13.
(5) If the public body directly or indirectly administers or maintains an official internet presence, any public records available to the general public on that internet site at the time the request is made are exempt from any charges under subsection (1)(b). If the FOIA coordinator knows or has reason to know that all or a portion of the requested information is available on its website, the public body shall notify the requestor in its written response that all or a portion of the requested information is available on its website. The written response, to the degree practicable in the specific instance, must include a specific webpage address where the requested information is available. On the detailed itemization described in subsection (4), the public body shall separate the requested public records that are available on its website from those that are not available on the website and shall inform the requestor of the additional charge to receive copies of the public records that are available on its website. If the public body has included the website address for a record in its written response to the requestor and the requestor thereafter stipulates that the public record be provided to him or her in a paper format or other form as described under subsection (1)(c), the public body shall provide the public records in the specified format but may use a fringe benefit multiplier greater than the 50% limitation in subsection (2), not to exceed the actual costs of providing the information in the specified format.
(6) A public body may provide requested information available in public records without receipt of a written request.
(7) If a verbal request for information is for information that a public body believes is available on the public body’s website, the public employee shall, where practicable and to the best of the public employee’s knowledge, inform the requestor about the public body’s pertinent website address.
(8) In either the public body’s initial response or subsequent response as described under section 5(2)(d), the public body may require a good-faith deposit from the person requesting information before providing the public records to the requestor if the entire fee estimate or charge authorized under this section exceeds $50.00, based on a good-faith calculation of the total fee described in subsection (4). Subject to subsection (10), the deposit must not exceed 1/2 of the total estimated fee, and a public body’s request for a deposit must include a detailed itemization as required under subsection (4). The response must also contain a best efforts estimate by the public body regarding the time frame it will take the public body to comply with the law in providing the public records to the requestor. The time frame estimate is nonbinding upon the public body, but the public body 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 and the nature of the request in the particular instance. If a public body does not respond in a timely manner as described under section 5(2), it is not relieved from its requirements to provide proper fee calculations and time frame estimates in any tardy responses. Providing an estimated time frame does not relieve a public body from any of the other requirements of this act.
(9) If a public body does not respond to a written request in a timely manner as required under section 5(2), the public body shall do the following:
(a) Reduce the charges for labor costs otherwise permitted under this section by 5% for each day the public body exceeds the time permitted under section 5(2) for a response to the request, with a maximum 50% reduction, if either of the following applies:
(i) The late response was willful and intentional.
(ii) The written request included language that conveyed a request for information within the first 250 words of the body of a letter, facsimile, electronic mail, or electronic mail attachment, or specifically included the words, characters, or abbreviations for “freedom of information”, “information”, “FOIA”, “copy”, or a recognizable misspelling of such, or appropriate legal code reference for this act, on the front of an envelope, or in the subject line of an electronic mail, letter, or facsimile cover page.
(b) If a charge reduction is required under subdivision (a), fully note the charge reduction on the detailed itemization described under subsection (4).
(10) This section does not apply to public records prepared under an act or statute specifically authorizing the sale of those public records to the public, or if the amount of the fee for providing a copy of the public record is otherwise specifically provided by an act or statute.
(11) Subject to subsection (12), after a public body has granted and fulfilled a written request from an individual under this act, if the public body has not been paid in full the total amount under subsection (1) for the copies of public records that the public body made available to the individual as a result of that written request, the public body may require a deposit of up to 100% of the estimated fee before it begins a full public record search for any subsequent written request from that individual if all of the following apply:
(a) The final fee for the prior written request was not more than 105% of the estimated fee.
(b) The public records made available contained the information being sought in the prior written request and are still in the public body’s possession.
(c) The public records were made available to the individual, subject to payment, within the time frame estimate described under subsection (8).
(d) Ninety days have passed since the public body notified the individual in writing that the public records were available for pickup or mailing.
(e) The individual is unable to show proof of prior payment to the public body.
(f) The public body calculates a detailed itemization, as required under subsection (4), that is the basis for the current written request’s increased estimated fee deposit.
(12) A public body shall no longer require an increased estimated fee deposit from an individual as described under subsection (11) if any of the following apply:
(a) The individual is able to show proof of prior payment in full to the public body.
(b) The public body is subsequently paid in full for the applicable prior written request.
(c) Three hundred sixty-five days have passed since the individual made the written request for which full payment was not remitted to the public body.
(13) A deposit required by a public body under this act is a fee.
(14) If a deposit that is required under subsection (8) or (11) is not received by the public body within 45 days from receipt by the requesting person of the notice that a deposit is required, and if the requesting person has not filed an appeal of the deposit amount pursuant to section 10a, the request shall be considered abandoned by the requesting person and the public body is no longer required to fulfill the request. Notice of a deposit requirement under subsection (8) or (11) is considered received 3 days after it is sent, regardless of the means of transmission. Notice of a deposit requirement under subsection (8) or (11) must include notice of the date by which the deposit must be received, which date is 48 days after the date the notice is sent.
MCL § 15.234 Summary
Michigan Compiled Law (MCL) § 15.234, part of the Freedom of Information Act (FOIA), outlines the rules for public bodies to charge fees for providing copies of public records. This section details how these fees are calculated, what costs are allowable, and various conditions related to payment, waivers, and penalties for non-compliance by public bodies.
In essence, a public body can charge a fee for searching, copying, or providing public records, but only if it has established and publicly accessible procedures and guidelines for doing so. The total fee must be limited to the “actual incremental cost” and includes specific components:
- Labor costs for searching: Limited to the hourly wage of the lowest-paid employee capable of the task, charged in 15-minute increments (rounded down).
- Labor costs for redaction (separating exempt from non-exempt information): Also limited to the lowest-paid employee’s hourly wage, with specific rules for contracted labor (up to 6 times the state minimum hourly wage). No charge for previously redacted records.
- Cost of non-paper media: Actual, most economical cost for digital media (e.g., flash drive), if stipulated by the requestor and technologically feasible.
- Cost of paper copies: Actual incremental cost, not exceeding 10 cents per sheet for standard paper sizes (8-1/2″x11″ or 8-1/2″x14″). Public bodies must use the most economical means, like double-sided printing.
- Labor for duplication/publication: Limited to the lowest-paid employee’s hourly wage capable of duplication, with time increments rounded down.
- Actual mailing costs: For economical and justifiable shipping, excluding expedited shipping or insurance unless requested.
Additional provisions cover:
- Fringe Benefits and Overtime: Public bodies can add up to 50% of labor costs for fringe benefits, if noted. Overtime is only charged if specifically requested.
- Fee Waivers/Reductions: A public body may waive or reduce fees if it’s in the public interest. The first $20 of fees is waived for indigent individuals (who submit an affidavit) and certain non-profit organizations working with developmental disabilities or mental illness, provided specific conditions are met. Individuals are ineligible if they’ve received two discounts that year from the same body or if the request is made for remuneration from outside parties.
- Prohibition on certain fees: Fees for search, examination, review, and redaction are generally not charged unless the public body can demonstrate “unreasonably high costs” and specifically identify their nature.
- Public Body Procedures: Public bodies must establish, publish (including on their website if they have one), and follow procedures and a public summary explaining how to request records, fee calculations, and appeal processes. Failure to do so means they cannot charge fees or require deposits until compliant.
- Website Availability: If requested records are available on the public body’s website, they are exempt from redaction labor charges. The public body must inform the requestor of the website address. If the requestor still wants paper copies, a higher fringe benefit multiplier may apply.
- Deposits: For estimated fees exceeding $50, a public body may require a good-faith deposit of up to half the estimated total fee. This request must include a detailed itemization and a non-binding time frame estimate.
- Penalties for Untimely Response: If a public body fails to respond to a written request in a timely manner (as defined in MCL § 15.235(2)), it must reduce labor costs by 5% for each day of delay, up to a maximum 50% reduction, particularly if the delay was intentional or the request clearly indicated it was a FOIA request.
- Prior Non-Payment: A public body may require up to a 100% deposit for future requests from an individual who previously failed to pay for records, subject to specific conditions.
- Request Abandonment: A request is considered abandoned if the required deposit is not received within 45 days (48 days from notice being sent) and no appeal of the deposit amount has been filed.
Purpose of MCL § 15.234
The legislative intent behind MCL § 15.234 is to strike a balance between government transparency and the practical costs associated with fulfilling public record requests. By establishing clear guidelines for charging fees, the statute aims to:
1. Prevent Abuse and Unreasonable Costs: It protects public bodies from incurring excessively high costs for fulfilling requests, especially those that are broad or require significant labor.
2. Ensure Fair and Transparent Fees: The detailed breakdown of allowable costs, hourly wage limitations, and maximum charges prevents public bodies from arbitrarily setting fees or profiting from public record requests. This promotes transparency in the fee calculation process.
3. Promote Accessibility: While allowing fees, the statute also includes provisions for waivers and reductions for indigent individuals and certain non-profits, ensuring that financial barriers do not completely block public access to important information. The mandate for clear public procedures further supports accessibility.
4. Incentivize Efficiency: The requirement for public bodies to have established procedures, utilize the lowest-paid capable employee, and potentially face penalties for untimely responses encourages efficient and prompt handling of FOIA requests.
5. Utilize Technology: Provisions regarding website availability and electronic media encourage public bodies to leverage technology to make records available more efficiently and at lower costs.
Ultimately, this statute works to uphold the principle that government records should be accessible to the public, while providing a structured, fair, and sustainable framework for public bodies to manage these requests without undue financial burden.
Real-World Example of MCL § 15.234
Imagine Sarah was involved in a car accident in Grand Rapids, Michigan, and sustained serious injuries. She believes the city’s inadequate maintenance of a traffic signal contributed to the collision. To pursue a personal injury claim, her attorney needs to gather evidence, including:
1. The police report from the Grand Rapids Police Department.
2. Maintenance logs for the specific traffic signal from the City of Grand Rapids Department of Public Works for the past year.
3. Any internal incident reports or complaints related to that intersection.
4. Copies of relevant city ordinances or traffic studies.
Sarah’s attorney submits a comprehensive FOIA request to the City of Grand Rapids. The city’s FOIA coordinator reviews the request and estimates the costs.
Application of MCL § 15.234:
- Fee Estimate: The coordinator calculates the cost, itemizing each component as required by MCL § 15.234(4):
* Search Labor (1a): An entry-level administrative assistant spends 2 hours searching for the records. The assistant’s hourly wage is $18. The city charges for 2 hours (2 hours x $18 = $36). (Rounded down from 15-minute increments if partial).
* Redaction Labor (1b): A more experienced employee, whose wage is $25/hour, spends 1.5 hours redacting personal identifying information from witness statements. The city charges for 1.5 hours at the lowest-paid capable employee rate, if that’s the $25/hour person, or a lower rate if a different employee is deemed capable (1.5 hours x $25 = $37.50). (Rounded down from 15-minute increments if partial).
* Paper Copies (1d): The city finds 150 pages of records. At the maximum 10 cents per page (for 8.5×11 paper), this is $15.00.
* Duplication Labor (1e): The administrative assistant spends 30 minutes making copies. The city charges for 30 minutes (0.5 hours x $18 = $9).
* Fringe Benefits (2): The city adds a 30% multiplier for fringe benefits to the labor costs: ($36 + $37.50 + $9) * 0.30 = $24.75.
* Mailing (1f): Standard postal delivery costs $5.00.
- Total Estimated Fee: $36 (search) + $37.50 (redaction) + $15 (copies) + $9 (duplication labor) + $24.75 (fringe benefits) + $5 (mailing) = $127.25.
- Deposit Requirement (8): Since the estimated fee ($127.25) exceeds $50, the City requires a good-faith deposit of half the estimated fee, which is $63.63. The city sends a detailed itemization of these costs, along with a best-efforts estimate of the time it will take to compile the records (e.g., 10 business days).
- Website Availability (5): If the city’s ordinances are already available on its website, the FOIA coordinator notes this in the response and provides the webpage link. The attorney can choose to access those portions online for free, reducing the paper copy count if desired.
If Sarah’s attorney pays the deposit within 45 days, the city proceeds. If the city fails to provide the records within the estimated 10 business days without good reason, they might face a reduction in the labor charges for each day of delay, as per MCL § 15.234(9), potentially reducing the final amount owed.
This example shows how the statute guides both the public body in calculating fees and the requestor in understanding the cost of accessing public information for a personal injury claim.
Related Statutes
MCL § 15.234 is an integral part of the Michigan Freedom of Information Act (FOIA), which is codified under MCL § 15.231 et seq. As such, it is closely related to several other sections within the act:
- MCL § 15.231 – Public policy; short title: This foundational section declares the public policy of Michigan to provide full and complete information regarding government affairs, emphasizing the importance of open records. MCL § 15.234 supports this by defining the cost structure for accessing those records.
- MCL § 15.233 – Exempt public records; withholding; construction; information relating to proposal for which contract not executed; contract to enter into collective bargaining agreement: This section details which types of public records are exempt from disclosure under FOIA. MCL § 15.234 directly references this section when discussing the labor costs associated with “separating and deleting of exempt from nonexempt information” (e.g., in subsection 1(b)).
- MCL § 15.235 – Responses to written requests: This statute outlines the timelines and procedures for a public body to respond to a FOIA request. MCL § 15.234 explicitly refers to section 15.235(2) regarding timely responses and imposes penalties (labor cost reductions) if a public body fails to meet these deadlines (subsection 9). It also mentions the initial and subsequent responses described under section 5(2)(d) in relation to deposit requirements (subsection 8).
- MCL § 15.240a – Appeal of deposit or fee; review by circuit court: This section details the process for a requestor to appeal a public body’s decision regarding a deposit or the total fee charged. MCL § 15.234 explicitly notes that a request will be considered abandoned if a deposit is not paid and an appeal under section 10a has not been filed (subsection 14).
- MCL § 408.934 – Improved Workforce Opportunity Wage Act (2018 PA 337, MCL 408.934): This is the state minimum hourly wage act referenced in MCL § 15.234(1)(b) to cap contracted labor costs for redaction (not exceeding 6 times the state minimum hourly wage rate).
Case Law Interpreting MCL § 15.234
The interpretation of MCL § 15.234 often centers on what constitutes “actual incremental cost” and the reasonable application of labor charges by public bodies. Here are some relevant cases that have interpreted Michigan’s FOIA fee provisions:
- *Bradley v Saranac Community Schools, 455 Mich 285 (1997)*: While predating some of the specific language added to MCL 15.234, this case is foundational for understanding the “actual cost” principle in Michigan FOIA. The Michigan Supreme Court affirmed that FOIA allows public bodies to recover only the actual cost, not profit, and specifically addressed the allowable costs for labor and copying. The principles discussed regarding “actual costs” remain highly relevant to current interpretations of MCL 15.234. You can find search results for this case on Google Scholar.
- *Schall v Flint, No. 343358 (Mich Ct App, Dec. 27, 2018) (unpublished)*: This unpublished Michigan Court of Appeals case provided guidance on the application of the lowest-paid employee provision under MCL 15.234, stating that the public body must identify the lowest-paid employee *capable* of performing the task, even if that person is not the one who actually performs it. This clarifies the “lowest-paid employee capable” language. You can find search results for this case on Google Scholar.
- *Detroit News, Inc v City of Detroit, 185 Mich App 296 (1990)*: This case, though older, is often cited for discussions around the burden of proof when a public body claims that the “nature of the request” results in “unreasonably high costs” (as per MCL 15.234(3)) to justify charging for search, examination, and review. It emphasizes that public bodies must specifically identify these costs. You can find search results for this case on Google Scholar.
These cases, among others, contribute to the judicial understanding and application of MCL § 15.234 by clarifying the definitions of “actual incremental cost,” the proper calculation of labor costs, and the specific circumstances under which certain fees may or may not be charged.
Why MCL § 15.234 Matters in Personal Injury Litigation
MCL § 15.234 is critically important in Michigan personal injury litigation because it governs the process and cost of obtaining crucial evidence from public bodies. In personal injury cases, attorneys and plaintiffs frequently need access to public records to build their arguments, prove negligence, and calculate damages. This statute directly impacts:
- Evidence Gathering: Personal injury cases often rely on official records such as police reports, accident reconstruction reports, 911 call recordings, emergency medical services (EMS) reports, fire department reports, coroner or medical examiner reports, public property maintenance records, government agency inspection reports, and traffic camera footage. All these documents are typically “public records” subject to FOIA. Understanding MCL § 15.234 ensures that attorneys can navigate the request process efficiently.
- Cost Management for Plaintiffs: Plaintiffs and their attorneys must factor in the potential costs of obtaining these records. The detailed fee structure outlined in MCL § 15.234 allows for accurate budgeting and prevents unexpected expenses. For indigent clients, the $20 fee waiver can significantly reduce a barrier to accessing necessary information. Lawyers need to be aware of these provisions to advise clients appropriately.
- Strategic Planning and Timelines: The statute’s provisions regarding response times, deposits, and penalties for untimely responses (subsection 9) are vital for legal strategy. Delays in obtaining critical records can postpone discovery, depositions, and even trial dates. Attorneys must know the legally mandated timeframes and their rights to appeal if a public body fails to comply, or if the estimated fees are excessive.
- Challenging Unreasonable Fees: If a public body attempts to charge exorbitant fees or fails to provide a proper itemization, MCL § 15.234 (and related statutes like MCL § 15.240a) provides the grounds to challenge those fees. This ensures that public bodies adhere to the “actual incremental cost” principle and do not exploit the need for information.
- Protecting Client Rights: By outlining the procedures for requesting and receiving records, the statute safeguards the public’s right to information. Personal injury attorneys, representing individuals who may be vulnerable after an accident, play a crucial role in enforcing these rights to ensure their clients have access to the evidence needed for a fair legal process.
- Negotiation and Settlement: The strength of a personal injury claim often depends on the available evidence. Prompt and cost-effective access to public records, facilitated by adherence to MCL § 15.234, can expedite the negotiation process and lead to more favorable settlements for plaintiffs.
In essence, MCL § 15.234 is not merely an administrative rule; it is a foundational legal tool that empowers individuals and their legal representatives to gather essential facts, maintain accountability, and pursue justice effectively within the Michigan personal injury legal landscape.