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Columbia Township

Van Buren County

 

Freedom of Information Act (FOIA)

Procedures

 

Section 1: Definitions

For the purposes of this policy, the following words have the following meanings:

1.1 Advanced Records: Records that cannot be processed unless personnel have specific access or training to prepare or copy the record, separate exempt from non-exempt information, or approve a denial. Any record not in the list of basic records in this policy is considered an advanced record.

1.2 Advanced Request: A request for "advanced" records as defined by this policy. Any request that includes records not on the list of "basic" records is considered an advanced request. An advanced request will typically require access to records with limited access, training to prepare the record or to make a copy, training to separate exempt from non-exempt information, or authority to approve a denial. See Section 2: Personnel Authorized to Process FOIA Requirements.

1.3 Basic Records: Records that are easily identified and accessed, are generally required by law to be prepared and available, and do not involve exempt information. The FOIA Coordinator may designate other records as "basic," even though they may involve exempt information, if the FOIA Coordinator determines it is in the public interest to maintain those records for quick response to common or anticipated requests.

The township list of records designated "basic" for the purposes of this policy is developed and periodically updated by the FOIA Coordinator is as follows:

Minutes (draft and approved for all public bodies, except for closed session minutes)

Meeting Notices

Agendas (if prepared in advance)

Meeting Packets (if prepared)

Budget documents (proposed, adopted, as amended)

Audit report

Annual meeting minutes (if held)

Ordinances

Annual reports (boards, commissions, task forces, committees, etc.)

Assessment appraisal cards (if maintained at hall)

Other records identified in township's FOIA policy

 

1.4 Basic Request: A request for "basic" records as defined by this policy. A basic request does not require access to records with limited access, does not require additional training to prepare the record or make the copy, and does not involve separating exempt from non-exempt information or a denial. See Section 2: Personnel Authorized to Process FOIA Requirements.

1.5 Business Day: Any weekday that is not a Saturday, Sunday, or legal holiday.

1.6 FOIA Coordinator: The person designated by the township board who is responsible for accepting and processing FOIA requests for the township’s public records, and who is responsible for approving a denial of a FOIA request under MCL 15.235. The township board may designate other persons to act as Assistant FOIA Coordinator or to serve as a FOIA Contact, subject to departmental supervisor’s approval or any applicable statutes or township policies regarding job descriptions, departmental functions, bargaining agreements, pay grades or compensation. See Section 2: Personnel Authorized to Process FOIA Requirements.

1.7 FOIA Request Form: The form used to receive and track FOIA requests as periodically adopted and updated by the FOIA Coordinator and attached.

1.8 Original Request: The printed ("hard copy") version of any FOIA request that is not received on paper (email, digital file, electronic file, fax received as a digital file, or other non-paper format).

1.9 Request: A writing that asks:

1) To inspect, copy, or receive a copy of a public record that is described sufficiently in the request to enable the township to find the public record, or

2)  For a renewable, six-month subscription to future issuances of a public record that is created, issued, or disseminated on a regular basis.

 

1.10 Writing: Includes handwriting, typewriting, printing, digital or electronic writing, photostatting, photographing, photocopying, and every other means of recording (including letters, words, pictures, sounds, or symbols, or combinations of), and papers, maps, email, faxes, digital or electronic files, magnetic or paper tapes, photographic films or prints, microfilm, microfiche, magnetic or punched cards, discs, drums, or other means of recording or retaining meaningful content.

Section 2: Personnel Authorized to Process FOIA Requests

2.1 FOIA Coordinator

i.  Accepts and processes basic and advanced FOIA requests.

ii.  Approves denial of FOIA requests (basic or advanced)

iii.  Directs and coordinates the townships' FOIA policies and procedures

iv.  Trains township personnel for FOIA compliance

v.  Provides the township board with information and assistance when a FOIA denial is appealed to the township board or circuit court.

2.2 Assistant FOIA Coordinator (if appointed by the township board)

i. Accepts and processes basic and advanced FOIA requests

ii. Approves denial of FOIA requests

2.3 FOIA Contact (if appointed by the township board)

i.  Accepts and processes basic FOIA requests.

ii.  Not authorized to process advanced FOIA requests.

iii.  Not authorized to approve denials of FOIA requests.

 

Section 3:  Receiving FOIA Requests

3.1 All FOIA Requests Must Be in Writing

Any person may make a FOIA request by submitting:

1)  A township FOIA request form, or

2)  A letter, fax, email, or any other "writing."

3.2 All Digital or Electronic FOIA Requests Are Retained on Paper

Any FOIA request that is not originally on paper (email, digital file, electronic file, fax received as a digital file, or other non-paper format) will be printed and retained on paper. The printed version is the "original" request and will be attached to a FOIA Request Form and retained for at least one year from the date the request was "received."

3.3 Prepare a FOIA Request Form for All Requests for Records

Township personnel will prepare a FOIA Request Form for all requests. If an original request is submitted by any writing other than the FOIA Request Form, the original request will be attached to the FOIA Request Form.

3.4 Verbal Requests for Records Must Be Transferred to Paper

Except as directed in Section 9.1 Verbal Requests to Inspect Public Records Will Be Accepted, township personnel will not respond to a verbal request for a copy of or a subscription to a public record unless the request is transferred to a written request or the FOIA Request Form. Township personnel will provide a FOIA request form to a person making a verbal request for a public record.

3.5 Encourage FOIA Requests to Be Submitted to FOIA Coordinator Address

The FOIA Coordinator mailing address is: PO Box 323, Grand Junction, MI 49056. The FOIA Coordinator street address is: 53053 CR 388, Grand Junction, MI 49056.

3.6 Unauthorized Personnel Forward FOIA Requests to the FOIA Coordinator

All township personnel will direct any FOIA requests to the FOIA Coordinator if the person who received the request is not authorized under Section 2 to respond to that request.

Section 4: Determining When a Non-Electronic FOIA Request is "Received"

4.1 Non-Electronic FOIA Requests Defined

A non-electronic FOIA request is a letter or other paper request delivered by mail, in person, or by hand.

4.2 Basic Non-Electronic FOIA Requests

A non-electronic basic request is "received" for the purpose of determining FOIA compliance on the day it is delivered to ANY township personnel.

4.3 Advanced Non-Electronic FOIA Requests

A non-electronic advanced request is "received" for the purpose of determining FOIA compliance on the day it is delivered to the FOIA Coordinator.

If a non-electronic advanced request is delivered to any township personnel, he or she will deliver it to the FOIA Coordinator:

1)  On the same day if he or she receives it at the office responsible for the record(s) or if it is possible to deliver it to another office responsible for the record(s) on that same day; or,

2)  If the person who receives the request is not located at the office responsible for the record(s), he or she will deliver it to that office no later than the next business day.

4.4 Date-Stamping Non-Electronic FOIA Requests

The month, day, and year will be stamped or written in indelible ink on every non-electronic FOIA request when it is "received" as defined in Section 3 and Section 4.

4.5 Mail Pick-Up and Delivery Will Be Arranged to Comply With This Policy

Township policies regarding mail delivery will be coordinated with this policy to accommodate FOIA compliance.

A. Mail Delivered to Township Facility or Home Office

Mail delivered directly by the postal or other service to a township facility or township personnel’s home office will be distributed on the same business day that it is delivered.

A basic request delivered directly by the postal or other service to a township facility or township personnel’s home office will be date-stamped and considered "received" the same day it is delivered.

An advanced request delivered directly by the postal or other service to a township facility or township personnel’s home office will be date-stamped and considered "received" the day it is delivered to the FOIA Coordinator.

B. Mail Delivered to Post Office Box

A township post office box or other third-party mailbox service will be checked every business day. Mail delivered to a post office box or other third-party mailbox service will be delivered to the appropriate township facility or township personnel as soon as possible after it is picked up.

C. Mail Delivered to Private Mailing Address

Township personnel who receive mail not addressed to the township, but addressed to them directly, will deliver any FOIA request no later than the next business day to the FOIA Coordinator.

Section 5: Determining When An Electronic FOIA Request is "Received"

5.1 Electronic FOIA Requests Defined

An electronic FOIA requests is fax, email, or other form of electronic or digital transmission.

5.2 Basic Electronic FOIA Requests

An electronic basic request is "received" on the business day following the day the transmission is received on ANY device maintained to receive that form of transmission by the township or township personnel.

Any township personnel who receives an electronic basic request will email or forward it on the same day he or she receives it in the original form, if that form can be emailed or forwarded electronically, to the FOIA.

If the electronic basic request is not in a form that can be emailed or forwarded electronically, he or she will deliver the request in electronic or digital form on an appropriate portable disk, drive, card or other device or on paper to the office responsible for the record(s) on the same day he or she receives it.

5.3 Advanced Electronic FOIA Requests

An electronic advanced request is "received" the business day following the day the transmission is received on any device maintained to receive that form of transmission by the FOIA Coordinator.

If an electronic advanced request is delivered to any township personnel, he or she will email or forward it on the same day he or she receives it in the original form, if that form can be emailed or forwarded electronically, to the FOIA Coordinator.

If the advanced request is not in a form that can be emailed or forwarded electronically, he or she will deliver the request in electronic or digital form on an appropriate portable disk, drive, card or other device or on paper to the office responsible for the record(s) no later than the next business day.

5.4 Date-Stamping Electronic FOIA Requests

Any electronic FOIA request that is not originally on paper (email, digital file, electronic file, fax received as a digital file, or other non-paper format) will be printed on paper, and the paper will be maintained as the "original" request.

The month, day, and year will be stamped or written in indelible ink on the paper "original" of every electronic FOIA request after it is "received" and printed on paper.

Section 6: Responses to FOIA Requests

6.1 FOIA Requests Are Responded to Within Five Business Days

Unless otherwise agreed to in writing by the person making the FOIA request, the township will respond to a request for a public record within five business days after the request is "received" by doing one of the following:

1)  Granting the request,

2)  Issuing a written notice to the requesting person denying the request,

3)  Granting the request in part and issuing a written notice to the requesting person denying the request in part, or

4)  Issuing a notice extending for not more than 10 business days the period during which the township respond to the request.  Only one extension will be issued for a particular request.  The 10-business day extension will begin on the first business day after the fifth business day of the initial response period.

A person making a FOIA request may agree in writing to a deadline other than those required by the FOIA. The FOIA Request Form includes a section for the person making the request to agree to a deadline other than those required by the FOIA. If there is any reason to believe that the request may take more than the original five-business-day period, township personnel may ask the person making the request if he or she would like to agree to waive the FOIA deadlines and state a later delivery date on the FOIA Request Form. This is completely optional, and no person can be required to agree to a delivery date later than 15 business days after the request is "received" as a condition of receiving the request.

6.2 Failure to Respond Timely Has Serious Legal Consequences

Failure to respond to a FOIA request within five business days constitutes final determination to deny the request and may subject the township to legal action in circuit court.

Township personnel will make every effort to avoid failing to respond to a FOIA request within five business days.

6.3 Steps to Properly Deny All or Part of a FOIA Request

A written notice denying a public record in whole or in part is the township's final determination to deny the request or portion of that request and may subject the township to legal action in circuit court.

If the FOIA Coordinator (or Assistant FOIA Coordinator if appointed by the township board) denies or approves a denial of a FOIA request for a public record in whole or in part, he or she will issue a written notice to the requesting person.

The written notice will contain:

1)  An explanation of the basis under the FOIA or other statute for the determination that the public record, or portion of that public record, is exempt from disclosure, if that is the reason for denying all or a portion of the request;

2)  A certificate that the public record does not exist under the name given by the requester or by another name reasonably known to the township, if that is the reason for denying the request or a portion of the request;

3)  A description of a public record or information on a public record that is separated or deleted pursuant to MCL 15.244, if a separation or deletion is made; and

4)  A full explanation of the requesting person's right to do either of the following:

i.  Submit to the township supervisor a written appeal that specifically states the word "appeal" and identifies the reason or reasons for reversal of the disclosure denial, or

ii.  Seek judicial review of the denial under MCL 15.240.

 

5) Notice of the right to receive attorneys' fees and damages as provided in MCL 15.240 if, after judicial review, the circuit court determines that the township board has not complied with this section and orders disclosure of all or a portion of a public record.

The township FOIA Coordinator (or Assistant FOIA Coordinator if appointed by the board) who is responsible for the denial of the request will sign the written notice of denial.

6.4 Steps to Properly Issue a Notice Extending a FOIA Response Period

If the FOIA Coordinator (or Assistant FOIA Coordinator if appointed by the board) issues a notice extending the period for a response to the request, the notice will specify the reasons for the extension and the date by which the township will do one of the following:

1)  Grant the request,

2)  Issue a written notice to the requesting person denying the request, or

3)  Grant the request in part and issue a written notice to the requesting person denying the request in part.

 

Section 7: FOIA Request Billing Procedures

7.1 Billable FOIA Request Costs

Unless the document is listed in Section 7.2 Waived FOIA Request Costs, the following costs will be charged for responses to all FOIA requests according to the FOIA Fee Schedule adopted and periodically revised by the township board (see attached).

In all cases, township personnel will use the most economical means available to make copies of public records.

"Actual, incremental cost" means the cost to the township over and above the cost to the township if the request had not been made. Overhead costs are not included in an "actual, incremental cost."

A. Copying: (includes copies requested or made to accommodate a request to inspect)

1) The actual, incremental copying cost to make the cop(ies).

2)  The labor cost to make the cop(ies), which is the hourly wage of the lowest paid township employee capable of making the copy, as determined for each request.

Labor costs are charged in 10-minute increments. The hourly wage used to calculate labor costs includes total compensation and benefits.

B. Copying for FOIA Subscription:

1) The actual, incremental copying cost to make the cop(ies).

Labor costs are not charged for a copy made to fulfill a FOIA subscription request because the copy is made at the same time the record is issued.

C. Mailing:

1) The actual postage/shipping costs will be charged.

2) The actual cost of the envelope or mailer will be charged.

D. Separating Exempt From Non-Exempt Information (requires FOIA Coordinator approval):

A fee will not be charged for the cost to search, examine, review, and delete, separate, or redact exempt from non-exempt information unless failure to charge a fee would result in unreasonably high costs to the township because of the nature of the specific request.

The FOIA Coordinator is authorized to determine if a fee will be charged under this section.

When the FOIA Coordinator determines that a fee will be charged under this section, the FOIA Coordinator will specifically identify the nature of the unreasonably high costs of the specific request on the FOIA Cost Worksheet (see attached).

1)  Labor cost to separate exempt from non-exempt information, which is the hourly wage of the lowest paid township employee capable of separating the exempt information from non-exempt information, as determined for each request.  Labor costs are charged in 10-minute increments.  The hourly wage used to calculate labor costs includes total compensation and benefits.

 

7.2 Waived FOIA Request Costs for Specific Types of Records (Optional)

None.

With the exception of costs waived under Section 7.3 Costs Waived Due to Indigency of Person Making FOIA Request, costs can only be waived according to this section. Costs cannot be waived on an individual basis.

7.3 Costs Waived Due to Indigency of Person Making FOIA Request

A public record search will be made and a copy of a public record will be furnished without charge for the first $20 of the fee for each request to a person who is entitled to information under the FOIA and who submits an affidavit stating either that, at the time the request is submitted, the person is receiving public assistance or is unable to pay the cost because of indigency.

"Indigency" is determined by the township’s poverty guidelines adopted for property tax poverty exemption applications. See attached Fee Schedule.

7.4 Fifty-Percent Good Faith Deposit for Costs Over $50

Subject to Section 7.3 Costs Waived Due to Indigency of Person Making FOIA Request, if the costs estimated for a specific FOIA request exceed $50, the person requesting the record(s) must make a good faith deposit before the township will process the request. The deposit will not exceed one-half (50%) of the total fee.

7.5 Unpaid FOIA Requests Are Not Considered When Responding to a Subsequent FOIA Request for Different Records

The unpaid balance of a previous FOIA request cannot be deducted from separate or later FOIA requests for different records submitted by the same person, and they cannot be deducted from any other fees, taxes, charges or other bills paid to the township by that person.

Section 8: Completing A FOIA Request

8.1 Initial Intake

When a FOIA request is "received," the "original" request is date-stamped according to Section 4 and Section 5. If the "original" request is a FOIA Request form, the date is recorded in the applicable section on the form.

A FOIA Cost Worksheet is prepared and serves as the invoice for billing FOIA costs.

8.2 Basic Requests and Advanced Requests With No Exempt Information, Denial, or Extension

The following steps may be completed immediately following a request, but no later than five business days from the time the request is received:

1)  A copy of the FOIA Cost Worksheet is either given directly to the person making the request or sent to the person making the request by the same method used to submit the request or the most rapid method of communication available.

2)  The person making the request may choose to amend his or her request based on the cost.  The initial five-business day response period is recalculated from when the amended request is considered "received" according to Section 4 and Section 5.

3)  A 50% good faith deposit required for a specific FOIA request under Section 7.4, as invoiced on the FOIA Cost Worksheet, must be paid before the township will prepare that specific request.

4)  If no 50% good faith deposit is required for a specific FOIA request, the request will be processed and prepared for pick-up or mailing within the initial five-business day response period.  the person making the request will be notified within the initial five-business day response period that the request is available for pick-up or mailing.  Notice will also be given of the final balance due on the cost if any estimates have been revised.

5) The specific FOIA request will be provided or mailed to the person making the request AFTER the balance due as invoiced on the FOIA Cost Worksheet is paid in full.

6)  A receipt will be given for all paid-in-full FOIA requests

8.3 Advanced Requests With Exempt Information, Denial, or Extension

1)  A copy of the FOIA Cost Worksheet is either given directly to the person making the request or sent to the person making the request by the same method used to submit the request or the most rapid method of communication available.

2)  The person making the request may choose to amend his or her request based on the cost.  The initial five-business day response period is recalculated from when the amended request is considered "received" according to Section 4 and Section 5.

3)  A 50% good faith deposit required for a specific FOIS request under Section 7.4, as invoiced on the FOIA Cost Worksheet, must be paid before the township will prepare that specific request.

4)  if no 50% good faith deposit is required for a specific FOIA request, the appropriate written response for an extension, denial, or separation of exempt from non-exempt information is either given directly to the person making the request or sent to the person making the request by the same method used to submit the request or the most rapid method of communication available within the initial five-business day response period.  The person making the request will be notified within the initial five-business day response period or 10-business day extension that the request is available for pick-up or mailing.  Notice will also be given of the final balance due on the cost if any estimates have been revised.

5)  The specific FOIA request will be provided or mailed to the person making the request AFTER the balance due as invoiced on the FOIA Cost Worksheet is paid in full.

6)  A receipt will be given for all paid-in-full FOIA requests.

 

8.4 FOIA Request Forms Filed With FOIA Coordinator

When a FOIA request has been completed, the FOIA Request is filed with the FOIA Coordinator and retained for at least one year after the date of the request.

If the township has completed its requirements for the request, including copying all requested records and giving notice of any denial, and the person making the request has not paid the balance in full, the township will retain the request, including all copies made for the request, until the earliest of either the date the person pays the balance or one year after the date of the request.

Section 9: Procedures for Public Inspection and Copying of Records

9.1 Verbal Requests to Inspect Public Records Are Accepted

Although a verbal request to inspect records does not initiate FOIA requirements, other statutes, such as MCL 750.492, which covers all public records, and specific laws such as the General Property Act or the Michigan Election Law, require a response to a verbal request. Township personnel may ask a person to put a request to inspect in writing, but it cannot be required as a condition to inspect. For recordkeeping purposes only, township personnel will transfer all verbal requests to inspect a public record to the FOIA Request Form

9.2 Only Pencils Used to Take Notes When Inspecting Public Records

MCL 750.492 specifically prohibits the use of pen and ink for taking notes. Township personnel assisting with inspection of public records must inform any person inspecting records that only pencils, and no pens or ink, may be used to take notes. A person may be required to inspect records at a specified counter or table, and in view of township personnel .

9.3 Copies May Be Required to Enable Public Inspection of Records

In coordination with the official responsible for the records, the FOIA Coordinator will determine on a case-by-case basis when the township will provide copies of original records, to allow for blacking out exempt information, to protect old or delicate original records, or because the original record is a digital file or database not available for public inspection.

A fee is charged for copies made to enable public inspection of records, based on Section 7 and the FOIA Fee Schedule (see attached).

9.4 Records Cannot Be Removed For Inspection

A person cannot remove books, records, or files from the place the township has provided for the inspection.

9.5 Hours and Locations for Public Inspection

Record inspection is available up to four hours per day. The public will be notified of available hours and contact information, and township personnel will make a reasonable effort to arrange for public inspection.

Section 10: Records Maintenance for FOIA Compliance

10.1 Records Are Maintained to Encourage FOIA Compliance

Township personnel will create, develop, organize, maintain, retain and store all township records for easy access and copying.

A. Records With Limited Access

If specific records are required by law or township policy to have limited access, procedures will be developed in coordination with this policy to accommodate access by the appropriate authorized FOIA Coordinator.

B. Records Containing Exempt Information

If specific records contain information exempt from disclosure, procedures will be developed in coordination with this policy to create, develop, organize, maintain, retain and store those records so that exempt information may be omitted, removed, or blacked out (redacted) by the appropriate township personnel or authorized FOIA Coordinator.

C. Basic Records Kept in Home Offices

When basic records are kept in home offices, procedures will be developed in coordination with this policy to accommodate access by the appropriate authorized FOIA Coordinator.

10.2 Records Are Retained According to the Record Retention Schedule

Township personnel will retain records according to the applicable General Record Retention Schedules approved by the Michigan Department of History, Arts and Libraries, according to MCL 399.5

10.3 Records Are Destroyed According to the Record Retention Schedule

A township record included on the record retention schedule cannot be destroyed except according to the record retention schedule.

10.4 Records Subject to a FOIA Request Cannot Be Destroyed Until Completed

A public record subject to a current FOIA request will not be destroyed until the FOIA request has been completed or, if any part or all of the FOIA request has been denied, until the time allowed for an appeal of the request to the Circuit Court has passed without an appeal.

COLUMBIA TOWNSHIP FOIA COST

COPIES      

PER PAGE                             $0.25

ENVELOPES

       #10                                         $0.05

       6X9                                         $0.10

       9X12                                       $0.10

       10X13                                    $0.15

LABOR

       PER HOUR                            $10.00