IONIA COUNTY Public Summary of FOIA Procedures and Guidelines

Transcription

1 IONIA COUNTY Public Summary f FOIA Prcedures and Guidelines It is the public plicy f this state that all persns (except thse persns incarcerated in state r lcal crrectinal facilities) are entitled t full and cmplete infrmatin regarding the affairs f gvernment and the fficial acts f thse wh represent them as public fficials and public emplyees. The peple shall be infrmed s that they may fully participate in the demcratic prcess. Cnsistent with the Michigan Freedm f Infrmatin Act (FOIA), Public Act 442 f 1976, the fllwing is the Written Public Summary f the Cunty s FOIA Prcedures and Guidelines relevant t the general public. This is nly a summary f the Cunty s FOIA Prcedures and Guidelines. Fr mre details and infrmatin, cpies f the Cunty s FOIA Prcedures and Guidelines are available at n charge at any Cunty ffice and n the Cunty s website: 1. Hw d I submit a FOIA request t the Cunty? A request must sufficiently describe a public recrd s as t enable the Cunty t find it. Please include the wrds FOIA r FOIA Request in the request t assist the Cunty in prviding a prmpt respnse. Requests t inspect r btain cpies f public recrds prepared, wned, used, pssessed r retained by the Cunty may be submitted n the Cunty s FOIA Request Frm, in any ther frm f writing (letter, fax, , etc.). N specific frm t submit a written request is required. Hwever a FOIA Request Frm and ther FOIA-related frms are available fr yur use and cnvenience n the Cunty s website at and at the Cunty Administratr s Office, 100 West Main Street, Inia, Michigan Written requests may be delivered t the Cunty Administratr s Office in persn r by mail: Attn: Cunty Administratr, FOIA Crdinatr, 100 West Main Street, Inia, Michigan Requests may be faxed t: T ensure a prmpt respnse, faxed requests shuld cntain the term FOIA r FOIA Request n the first/cver page. Requests may be ed t: fiacrdinatr@iniacunty.rg T ensure a prmpt respnse, requests shuld cntain the term FOIA r FOIA Request in the subject line. Public Summary f Inia Cunty FOIA Prcedures and Guidelines Page 1

2 2. What kind f respnse can I expect t my request? Within 5 business days after receiving a FOIA request the Cunty will issue a respnse. If a request is received by fax r , the request is deemed t have been received n the fllwing business day. The Cunty will respnd t yur request in ne f the fllwing ways: Grant the request, Issue a written ntice denying the request, Grant the request in part and issue a written ntice denying in part the request, Issue a ntice indicating that due t the nature f the request the Cunty needs an additinal 10 business days t respnd, r Issue a written ntice indicating that the public recrd requested is available at n charge n the Cunty s website If the request is granted, r granted in part, the Cunty will ask that payment be made fr the allwable fees assciated with respnding t the request befre the public recrd is made available. If the cst f prcessing the request is expected t exceed $50, r if yu have nt paid fr a previusly granted request, the Cunty will require a depsit befre prcessing the request. 3. What are the Cunty s depsit requirements? If the Cunty has made a gd faith calculatin that the ttal fee fr prcessing the request will exceed $50.00, the Cunty will require that yu prvide a depsit in the amunt f 50% f the ttal estimated fee. When the Cunty requests the depsit, it will prvide yu a nn-binding best effrts estimate f hw lng it will take t prcess the request after yu have paid yur depsit. If the Cunty receives a request frm a persn wh has nt paid the Cunty fr cpies f public recrds made in fulfillment f a previusly granted written request, the Cunty will require a depsit f 100% f the estimated prcessing fee befre it begins t search fr the public recrd fr any subsequent written request when all f the fllwing cnditins exist: The final fee fr the prir written request is nt mre than 105% f the estimated fee; The public recrds made available cntained the infrmatin sught in the prir written request and remain in the Cunty's pssessin; The public recrds were made available t the individual, subject t payment, within the best effrt time frame estimated by the Cunty t prvide the recrds; Ninety (90) days have passed since the Cunty ntified the individual in writing that the public recrds were available fr pickup r mailing; The individual is unable t shw prf f prir payment t the Cunty; and The Cunty has calculated an estimated detailed itemizatin that is the basis fr the current written request s increased fee depsit. The Cunty will nt require the 100% estimated fee depsit if any f the fllwing apply: The persn making the request is able t shw prf f prir payment in full t the Cunty; The Cunty is subsequently paid in full fr all applicable prir written requests; r Three hundred sixty-five (365) days have passed since the persn made the request fr which full payment was nt remitted t the Cunty. Public Summary f Inia Cunty FOIA Prcedures and Guidelines Page 2

3 4. Hw des the Cunty calculate FOIA prcessing fees? The Michigan FOIA statute permits the Cunty t charge fr the fllwing csts assciated with prcessing a request: Labr csts assciated with cpying r duplicatin, which includes making paper cpies, making digital cpies, r transferring digital public recrds t nn-paper physical media r thrugh the Internet. Labr csts assciated with searching fr, lcating and examining a requested public recrd, when failure t charge a fee will result in unreasnably high csts t the Cunty. Labr csts assciated with a review f a recrd t separate and delete infrmatin exempt frm disclsure, when failure t charge a fee will result in unreasnably high csts t the Cunty. The cst f cpying r duplicatin, nt including labr, f paper cpies f public recrds. This may include the cst fr cpies f recrds already n the Cunty s website if yu ask fr the Cunty t make cpies. The cst f cmputer discs, cmputer tapes r ther digital r similar media when the requester asks fr recrds in nn-paper physical media. This may include the cst fr cpies f recrds already n the Cunty s website if yu ask fr the Cunty t make cpies. The cst t mail r send a public recrd t a requestr. Labr Csts All labr csts will be estimated and charged in 15-minute increments, with all partial time increments runded dwn. If the time invlved is less than 15 minutes, there will be n charge. Labr csts will be charged at the hurly wage f the lwest-paid Cunty emplyee capable f ding the wrk in the specific fee categry, regardless f wh actually perfrms wrk. Labr csts will als include a charge t cver r partially cver the cst f fringe benefits. Cunty may add up t 50% t the applicable labr charge amunt t cver r partially cver the cst f fringe benefits, but in n case may it exceed the actual cst f fringe benefits. Overtime wages will nt be included in labr csts unless agreed t by the requestr; vertime csts will nt be used t calculate the fringe benefit cst. Cntracted labr csts will be charged at the hurly rate f $48.90 (6 times the state minimum hurly wage) A labr cst will nt be charged fr the search, examinatin, review and the deletin and separatin f exempt frm nnexempt infrmatin unless failure t charge a fee wuld result in unreasnably high csts t the Cunty. Csts are unreasnably high when they are excessive and beynd the nrmal r usual amunt fr thse services cmpared t the Cunty s usual FOIA requests, because f the nature Public Summary f Inia Cunty FOIA Prcedures and Guidelines Page 3

4 f the request in the particular instance. The Cunty must specifically identify the nature f the unreasnably high csts in writing. Cpying and Duplicatin The Cunty must use the mst ecnmical methd fr making cpies f public recrds, including using duble-sided printing, if cst-saving and available. Nn-paper Cpies n Physical Media The cst fr recrds prvided n nn-paper physical media, such as cmputer discs, cmputer tapes r ther digital r similar media will be at the actual and mst reasnably ecnmical cst fr the nn-paper media. This cst will be charged nly if the Cunty has the technlgical capability necessary t prvide the public recrd in the requested nn-paper physical media frmat. Paper Cpies Paper cpies f public recrds made n standard letter (8 ½ x 11) r legal (8 ½ x 14) sized paper will nt exceed $.10 per sheet f paper. Cpies fr nn-standard sized sheets will paper will reflect the actual cst f reprductin. Mailing Csts The cst t mail public recrds will use a reasnably ecnmical and justified means. The Cunty may charge fr the least expensive frm f pstal delivery cnfirmatin. N cst will be made fr expedited shipping r insurance unless yu request it. Waiver f Fees The cst f the search fr and cpying f a public recrd may be waived r reduced if in the sle judgment f the FOIA Crdinatr a waiver r reduced fee is in the public interest because it can be cnsidered as primarily benefitting the general public. The Cunty Bard f Cmmissiners may identify specific recrds r types f recrds it deems shuld be made available fr n charge r at a reduced cst. 5. Hw d I qualify fr an indigence discunt n the fee? The Cunty will discunt the first $20.00 f fees fr a request if yu submit an affidavit stating that yu are: Indigent and receiving specific public assistance; r If nt receiving public assistance, stating facts demnstrating an inability t pay because f indigence. Public Summary f Inia Cunty FOIA Prcedures and Guidelines Page 4

5 Yu are nt eligible t receive the $20.00 discunt if yu: Have previusly received discunted cpies f public recrds frm the Cunty twice during the calendar year; r Are requesting infrmatin n behalf f ther persns wh are ffering r prviding payment t yu t make the request. An affidavit is swrn statement. Fr yur cnvenience, the Cunty has prvided an Affidavit f Indigence fr the waiver f FOIA fees n the back f the Cunty FOIA Request Frm, which is available n the Cunty s website: 6. May a nnprfit rganizatin receive a discunt n the fee? A nnprfit rganizatin advcating fr develpmentally disabled r mentally ill individuals that is frmally designated by the state t carry ut activities under subtitle C f the federal develpmental disabilities assistance and bill f rights act f 2000, Public Law , and the prtectin and advcacy fr individuals with mental illness act, Public Law , may receive a $20.00 discunt if the request meets all f the fllwing requirements in the Act: Is made directly n behalf f the rganizatin r its clients. Is made fr a reasn whlly cnsistent with the missin and prvisins f thse laws under sectin 931 f the mental health cde, 1974 PA 258, MCL Is accmpanied by dcumentatin f its designatin by the state, if requested by the public bdy. 7. Hw may I challenge the denial f a public recrd r an excessive fee? Appeal f a Denial f a Public Recrd If yu believe that all r a prtin f a public recrd has nt been disclsed r has been imprperly exempted frm disclsure, yu may appeal t the Cunty Bard f Cmmissiners by filing a written appeal f the denial with the ffice f the Cunty Bard f Cmmissiners. The appeal must be in writing, specifically state the wrd appeal, and identify the reasn r reasns yu are seeking a reversal f the denial. Yu may use the Cunty FOIA Appeal Frm (T Appeal a Denial f Recrds), which is available n the Cunty s website: The Cunty Bard f Cmmissiners is nt cnsidered t have received a written appeal until the first regularly scheduled Cunty Cmmissin meeting fllwing submissin f the written appeal. Within 10 business days f receiving the appeal the Cunty Bard f Cmmissiners will respnd in writing by: Reversing the disclsure denial; Uphlding the disclsure denial; r Reverse the disclsure denial in part and uphld the disclsure denial in part. Whether r nt yu submitted an appeal f a denial t the Cunty Bard f Cmmissiners, yu may file a civil actin in the Cunty Circuit Curt within 180 days after the Cunty's final determinatin t deny yur request. If yu prevail in the civil actin the curt will award yu reasnable attrneys fees, csts and disbursements. If the curt determines that the Cunty acted arbitrarily and capriciusly in refusing t disclse r prvide a public recrd, the curt shall award yu damages in the amunt f $1,000. Public Summary f Inia Cunty FOIA Prcedures and Guidelines Page 5

6 Appeal f an Excess FOIA Prcessing Fee If yu believe that the fee charged by the Cunty t prcess yur FOIA request exceeds the amunt permitted by state law, yu must first appeal t the Cunty Bard f Cmmissiners by filing a written appeal fr a fee reductin t the ffice f the Cunty Bard f Cmmissiners. The appeal must specifically state the wrd appeal and identify hw the required fee exceeds the amunt permitted. Yu may use the Cunty FOIA Appeal Frm (T Appeal an Excess Fee), which is available at the Cunty Building and n the Cunty s website: The Cunty Bard f Cmmissiners is nt cnsidered t have received a written appeal until the first regularly scheduled Cunty Cmmissin meeting fllwing submissin f the written appeal. Within 10 business days after receiving the appeal, the Cunty Bard f Cmmissiners will respnd in writing by: Waiving the fee; Reducing the fee and issue a written determinatin indicating the specific basis that supprts the remaining fee; Uphlding the fee and issue a written determinatin indicating the specific basis that supprts the required fee; r Issuing a ntice detailing the reasn r reasns fr extending fr nt mre than 10 business days the perid during which the Cunty Bard f Cmmissiners will respnd t the written appeal. Within 45 days after receiving ntice f the Cunty Bard f Cmmissiner s determinatin f the prcessing fee appeal, yu may cmmence a civil actin in the Cunty Circuit Curt fr a fee reductin. If yu prevail in the civil actin by receiving a reductin f 50% r mre f the ttal fee, the curt may award all r apprpriate amunt f reasnable attrneys fees, csts and disbursements. If the curt determines that the Cunty acted arbitrarily and capriciusly by charging an excessive fee, curt may als award yu punitive damages in the amunt f $500. Public Summary f Inia Cunty FOIA Prcedures and Guidelines Page 6