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Who is your FOIA Administrator?
Last Post 01/15/2016 02:38 PM by Dendra Best. 18 Replies.
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Dawn Dodge
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01/05/2016 08:57 AM
    For my fellow Village clerks who have a Village Manager, who is your FOIA Administrator?
    Rachelle Enbody
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    Posts:26

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    01/05/2016 09:29 AM
    The public body must designate the FOIA Administrator.

    FREEDOM OF INFORMATION ACT (EXCERPT)
    Act 442 of 1976


    15.236 FOIA coordinator.


    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.
    Vicci TerVeer
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    Posts:19

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    01/05/2016 09:30 AM
    The City Clerk is the FOIA Administrator for Fremont
    Max Engle
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    Posts:166

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    01/05/2016 09:45 AM
    I am the Clerk for Chocolay Township and our Board appointed me as the FOIA coordinator.
    Elizabeth (Beth) Grohman
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    Posts:34

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    01/05/2016 09:52 AM
    As part of my clerk duties I am the FOIA Coordinator
    Kimberly Keesler
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    Posts:16

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    01/05/2016 09:54 AM
    Our Village Manager was appointed our FOIA Administrator at the Village of Almont.
    Michelle LaVoy
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    Posts:20

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    01/05/2016 11:13 AM
    The City of Monroe has designated myself Clerk-Treasurer as the FOIA Coordinator for the City including Police Department
    Cynthia Greenia
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    Posts:109

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    01/05/2016 01:37 PM
    I am the FOIA Coordinator - it is written in our newly adopted FOIA Policy that the Coordinator is the Clerk.
    Lisa Hathaway
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    Posts:71

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    01/06/2016 11:59 AM
    The City Clerk.

    Lisa Hathaway
    City of Grosse Pointe Woods
    lhathaway@gpwmi.us
    Dendra Best
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    Posts:68

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    01/06/2016 04:17 PM
    Just curious - do any of your require your residents to FOIA the Minutes?
    Michelle LaVoy
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    Posts:20

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    01/06/2016 04:24 PM
    Definately not the current minutes. We have several years worth on line now so we would probably urge them to try to access them that way first. If they didn't want to or it went farther back then that as FOIA Coordinator I would recommend a formal request as it might take some digging through paper archives and then everyone is protected in terms of timeline expectations.
    Michelle LaVoy
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    Posts:20

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    01/06/2016 04:25 PM
    Definately not the current minutes. We have several years worth on line now so we would probably urge them to try to access them that way first. If they didn't want to or it went farther back then that as FOIA Coordinator I would recommend a formal request as it might take some digging through paper archives and then everyone is protected in terms of timeline expectations.
    Terri Kowal
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    Posts:35

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    01/06/2016 04:44 PM
    You might want to consider the Open Meetings Act regarding charging for minutes. The OMA states they must be available to the public for review or copying, so I have never charged for them. They reflect the business of the City, so it seems the public is entitled to them.
    Lisa Hathaway
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    Posts:71

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    01/06/2016 04:58 PM
    Also, Section 15.234 of FOIA states:

    (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, shall include a specific webpage address where the requested information is available.
    Dendra Best
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    Posts:68

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    01/06/2016 05:23 PM
    Thank you all.
    Pamela (Pam) Smith
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    Posts:40

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    01/07/2016 03:47 PM
    City Clerk of Farmington Hills is FOIA Coordinator and I designate FOIA Coordinators for Police and Fire Depts.
    Angie Koon
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    Posts:16

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    01/11/2016 11:44 AM
    I (as Village Clerk) was designated the FOIA Coordinator for Village of Kalkaska.
    Dendra Best
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    Posts:68

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    01/14/2016 05:24 PM
    With regard to both the old and new FOIA Law - What are the financial and legal consequences, both to a Clerk and their municipality for not complying with a legitimate basic request from residents to receive an electronic copy, in text readable format for handicap accessibility, of a basic public document such as draft and approved Minutes or Ordinances? Just to reiterate - no resident or taxpayer of a muncipality is required to file a FOIA for this?
    In many rural Michigan communities there are handicapped, elderly or even Snowbird residents who either can't get to a location to obtain a physical copy or don't have internet bandwidth to do more than receive basic text email.
    Do any of your policies set a time limit for response and penalties for non compliance - FOIA or not?
    Dendra Best
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    Posts:68

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    01/15/2016 02:38 PM
    Thank you to the person who sent this: http://www.mlive.com/lansing-news/i...matio.html

    "Records requesters could file a civil suit if fees are charged above that amount and internal appeals aren't successful.

    The bill increases punitive damages from $500 to $2,000 for arbitrarily and capriciously violating the act by denying access. It also adds a $1,000 punitive damage for arbitrarily and capriciously charging an unreasonable fee, and creates a civil fine of $2,500 to $7,500 for public bodies that are found to have willfully and intentionally violated the act or otherwise acted in bad faith."

    and http://www.dykema.com/resources-ale...31015.html
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