LAW OFFICES

SHIFMAN & CARLSON, P.C.
31700 MIDDLEBELT ROAD, SUITE 126 FARMINGTON HILLS, MICHIGAN 48334 TELEPHONE: (248) 406-0620 • (800) 799 .8851 • TELECOPIER: (248) 406-0218
JOHN A. CARLSON E-MAIL:

jcarlsonashiimancarlsonlaw.com

47002-011
OUR FILE NUMBER

May 20, 2011

TRANSMISSION VIA E-MAIL: neilheineckena Neil Heinecke Re: Freedom of Information Act Request Dear Mr. Heinecke: Your recent request for public records under the Michigan Freedom of Information Act ("FOIA"), MCL § 15.231 et seq., concerned records relating to the City's FOIA Coordinator, City Manager, Alex Allie, and was therefore referred to me as City Attorney for response. Your request is hereby granted in part and denied in part. Your request was sent by e-mail on Saturday, April 30, 2011, was amended by e-mail sent on May 2, 2011, and amended again, or clarified rather, by e-mail dated May 5, 2011. As amended and/or clarified, your request is for the following: "(1) Email messages sent to or from aallie@ci.huntington-woods.mi.us . (Amended as follows: "Concerning item (1), I am only requesting those emails sent to or from aallieAci.huntington-woods.mi.us for the following periods: (A) (B) (2) February 23, 2011 through March 2, 2011 and April 28, 2011.")

Huntington Woods' FOIA policy and its procedures and guidelines implementing MCL 15.234(3).

Neil Heinecke May 20, 2011 Page 2 (3) Inspection of all computers Alex Attie uses to send and/or receive email, MCL 15.233(1). (Amended or clarified as follows: "Item (3) applies to city owned computers, phones, pagers or other electronic devices Mr. Alex Allies (sic) uses to access his aallie@ci.huntington-woods.ci .mi email".) (4) Video copies of the last two city commission meetings.

Your request number (1) is denied on the grounds that it fails to sufficiently describe the requested records as required by FOIA. See, Attorney General Opinion No. 5500, July 23, 1979, § 11.13. Your request number (2) is granted. A copy of the City of Huntington Woods Freedom of Information Rules and Procedures is attached hereto. Your request number (3) is denied for the reason that it fails to request a public record or sufficiently describe a requested record as required by FOIA. Your request number (4) is granted. DVDs of the two City Commission meetings immediately preceding your April 30 request, which would be meetings of April 12 and April 26, 2011, will be available at the City Hall The cost for the copies will be $5.00 each, for a total of $10.00. Be prepared to show identification when you pick them up and pay for them. To the extent that your request for record(s) is denied, you may submit a written appeal, specifically stating "appeal" and stating the reasons for appeal, to the City Commission, or seek judicial review under Section 10 of the Act within 180 days after the public body's final determination. Within ten (10) days of receiving a request for an appeal, the City Commission shall a) reverse the denial; b) issue a written notice upholding the denial; c) reverse in part and uphold in part by written notice; or d) issue a notice extending by ten (10) business days the time to decide the appeal. If after judicial review, the Circuit Court determines that the public body has not complied fully with the disclosure requirements, the Court shall award reasonable attorneys' fees, costs, and disbursements. If the Court determines that the public body has arbitrarily and capriciously violated the Act, the Court shall award punitive damages in the amount of $500.00.

Neil Heinecke May 20, 2011 Page 3 A copy of this request will be kept on file for no less than one (1) year.

JAC/sfm xc: Alex R. Allie, City Manager