That individuals improperly denied access to documents have a right toseek injunctive relief in the courts;
That there be a change in Government policy and attitude.
All a complainant must allege in an action under FOIA
is that he made a request for identifiable records, which the agency turned down. The burden then shifts tothe agency to justify its refusal.
Requirements to be subject to FOIA:i.
Must be requestedii.
Sought from a public bodyiii.
Must be public recordsiv.
Cannot be incarceratedv.
Cannot be exemptede.
What is a public body?i.
Government and all local units of the legislative and executive branch
County, city, etc….
Any body that is created through state or local authority; anda.
Funded through state or local authorityii.
Courts and the governor/lieutenant governor are not public bodiesiii.
List of public bodies that have rulemaking authority (assumed) from class
Michigan State University (Booth)2.
Michigan Liquor Control Board3.
Public Service Commission4.
Michigan Department of Education5.
Department of Public Healthf.
What are public records?i.
It would be a public record if it were prepared in the official function of thepublic bodyg.
What are the exemptions?i.
Clearly unwarranted invasion of an individual’s privacy
Must be of personal natureii.
Investigation records compiled for law enforcement purposes1.
Only to the extent of the following:a.
Interfere with law enforcement proceedingsb.
Deprive an individual of a right to fair trialc.
Constitute an unwarranted invasion of privacyd.
Disclose the identification of a confidential sourcee.
Disclose investigative techniquesf.
Endanger life or property of a law enforcement personnelg.
Would jeopardize the security of penal institutionsiii.
Records that are exempted by statuteiv.
Trade secrets of a commercial or trade organization that are submittedvoluntarily to public body if:1.
Submitted with the promise of confidentiality; and2.
The confidentiality is authorized by the head officer or electedofficial;3.
A description has been submitted within a reasonable about of timev.
Information subject to attorney/client privilegevi.
Information subject to physician/client privilegevii.
Bid proposals to public bodyviii.
Test questions and answersh.
Process to request records:i.
Request made in writing that: