MCL § 15.236 – Fees for 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
Sec. 6.
(1) A public body that is a city, village, township, county, or state department, or under the control of a city, village, township, county, or state department, shall designate an individual as the public body’s FOIA coordinator. The FOIA coordinator shall be responsible for accepting and processing requests for the public body’s public records under this act and shall be responsible for approving a denial under section 5(4) and (5). In a county not having an executive form of government, the chairperson of the county board of commissioners is designated the FOIA coordinator for that county.
(2) For all other public bodies, the chief administrative officer of the respective public body is designated the public body’s FOIA coordinator.
(3) An FOIA coordinator may designate another individual to act on his or her behalf in accepting and processing requests for the public body’s public records, and in approving a denial under section 5(4) and (5).
MCL § 15.236 Summary
This specific Michigan statute, MCL § 15.236, outlines the requirement for various public bodies to designate an individual responsible for handling requests for public records under the Freedom of Information Act (FOIA). While the overarching title of this blog post refers to “Fees for public records,” the text of MCL § 15.236 itself specifically details the role and responsibilities of an FOIA coordinator.
The statute mandates that cities, villages, townships, counties, and state departments must appoint an FOIA coordinator. This person’s primary duties include receiving and processing requests for public documents and approving any denials of those requests. In counties without an executive form of government, the chairperson of the county board of commissioners automatically serves as the FOIA coordinator. For all other types of public bodies not covered by subsection (1), the chief administrative officer is designated as the coordinator. The statute also permits an FOIA coordinator to delegate their responsibilities to another individual to act on their behalf.
Purpose of MCL § 15.236
The legislative aim behind this provision is to ensure a clear, consistent, and accountable process for citizens seeking access to public records in Michigan. By requiring every public body to designate a specific FOIA coordinator, the statute streamlines the request process, making it easier for individuals to know who to contact and ensuring that there is a designated point person responsible for handling requests in accordance with the Michigan Freedom of Information Act. This centralized approach aims to enhance governmental transparency and efficiency, preventing requests from getting lost or mishandled, and providing a single point of authority for decisions regarding the disclosure or denial of public documents.
Real-World Example of MCL § 15.236
Imagine a resident, Sarah, wants to obtain copies of emails exchanged between her city council members regarding a controversial new zoning proposal. She knows the city is a public body subject to FOIA. Under MCL § 15.236, the City of Anytown must have a designated FOIA coordinator. Sarah consults the city’s website or calls the clerk’s office and learns that John Smith, the City Clerk, is the official FOIA coordinator. Sarah then submits her request for the emails directly to John. John is responsible for receiving her request, processing it according to FOIA guidelines (determining if the records exist, if they are exempt, and calculating any applicable fees), and ultimately providing the records or issuing a formal denial. If a denial is deemed necessary, John, as the FOIA coordinator, is the individual authorized to approve that denial, ensuring that the decision is made by the designated authority.
Related Statutes
MCL § 15.236 operates as part of the broader Michigan Freedom of Information Act (FOIA), and several other sections are directly related or frequently referenced alongside it:
- MCL § 15.231 (Definitions): This section defines key terms used throughout the FOIA, such as “public body,” “public record,” and “person,” which are crucial for understanding who MCL § 15.236 applies to and what records are covered.
- MCL § 15.233 (Right to inspect and receive public records; fees; waiver): This foundational section establishes the public’s right to access records and, importantly, details the conditions under which fees may be charged for fulfilling FOIA requests. This is the section most directly related to the “Fees for public records” aspect hinted at in the blog post’s title, even though MCL § 15.236 itself focuses on the coordinator role.
- MCL § 15.234 (Exemptions from disclosure; withholding): This section lists the specific types of public records that a public body can legally withhold from disclosure. An FOIA coordinator, as per MCL § 15.236, is responsible for evaluating requests against these exemptions and approving any denials based on them.
- MCL § 15.235 (Requests for public records; response by public body; appeal): This statute outlines the procedures for making a request, the timeframe within which a public body must respond, and the process for appealing a denial. The FOIA coordinator’s role, as defined in MCL § 15.236, is central to managing this entire response and appeal process.
Case Law Interpreting MCL § 15.236
While MCL § 15.236 establishes the administrative requirement for designating an FOIA coordinator, published Michigan appellate court decisions specifically interpreting the nuances of *this precise section* regarding the coordinator’s role are not readily available as primary points of contention. The statute is largely procedural and administrative. Disputes in FOIA cases typically revolve around the definition of a “public record,” the applicability of exemptions (MCL § 15.234), the reasonableness of fees (MCL § 15.233), or the timeliness of a response (MCL § 15.235), rather than the specific designation or authority of the coordinator under MCL § 15.236 itself.
However, the validity and proper function of the FOIA coordinator are implicitly assumed and relied upon in all FOIA litigation. Cases that delve into the procedural aspects of FOIA requests or the responsibilities of public bodies in responding to them, therefore, indirectly affirm the framework established by MCL § 15.236. For instance, in cases like *Bradley v. Saranac Community Schools Board of Education*, 455 Mich 214, 565 NW2d 650 (1997), or *Federated Publications, Inc. v. City of Lansing*, 238 Mich App 473, 606 NW2d 395 (1999), while not directly interpreting MCL § 15.236, the courts address the overall duties of public bodies under FOIA, which are carried out through the designated FOIA coordinator.
Why MCL § 15.236 Matters in Personal Injury Litigation
In personal injury litigation, access to public records is often critical for building a strong case, and MCL § 15.236 plays a foundational, albeit indirect, role in facilitating that access. Here’s why it matters for both plaintiffs and defense:
- Plaintiff Strategy: For a personal injury plaintiff, obtaining essential documents like police reports, accident investigation reports from public agencies (e.g., Department of Transportation, local police departments), emergency medical service records, or public records related to the maintenance history of a government-owned property (e.g., for a slip and fall case against a municipality) is paramount. The existence of a designated FOIA coordinator, as mandated by MCL § 15.236, provides a clear point of contact for lawyers or their clients to submit these requests. This streamlines the evidence gathering process, ensuring requests are directed to the correct person who is legally obligated to respond.
- Evidence Gathering: Knowing who the FOIA coordinator is for a particular public body (e.g., the police department that investigated an accident, the city responsible for road conditions, or the state agency managing a hazardous site) allows attorneys to efficiently request public records that can prove negligence, establish causation, or identify responsible parties. These records can include traffic camera footage, dispatch logs, incident reports, witness statements, inspection reports, and prior complaints, all of which can be crucial evidence.
- Ensuring Compliance and Accountability: If a public body delays or improperly denies a FOIA request for records vital to a personal injury case, the FOIA coordinator is the individual held accountable for that decision under the Act. This provides a legal basis for challenging improper denials or non-responses, potentially leading to court action to compel disclosure.
- Understanding Governmental Entities: When a government entity is a defendant in a personal injury case (e.g., due to a dangerous road condition or police misconduct), understanding its internal records and procedures is key. The FOIA coordinator is the gatekeeper for much of this information, and the consistent process mandated by MCL § 15.236 helps ensure that attorneys can navigate these requests effectively to uncover necessary facts.
In essence, MCL § 15.236 provides the administrative backbone for individuals, including personal injury lawyers, to exercise their right to access public information, which can be indispensable for proving fault and damages in personal injury claims.