Standard FOIA Request Form

USE THE LANGUAGE BELOW TO MAKE YOUR REQUEST - AREAS IN RED ARE WHERE YOU FILL IN YOUR INFORMATION

Standard FOIA Request in WORD

 Request for Public Record

To: FOIA Coordinator 

Type name and address of Public Body

 

I am a person as defined under Michigan FOIA. Please accept this correspondence as a request pursuant to the Michigan Freedom of Information Act (FOIA) Michigan Compiled Laws §15.231 to §15.246 et seq., the Michigan Constitution and common law, and the U.S. Constitution, for certain public documents hereinafter specified.

 

Date of Request: __________________________________       

Time: ____________ via mail / fax / email Pick one-erase the rest

 

Person Requesting Record: _______________________________

Phone: ____________________

Mailing address__________________________________________

Email Address: __________________   Fax: ______________

 

Delivery Specifications:  

User Note-Pick one below and place it here, deleting the rest to avoid confusion

Mail: to the address above.

Fax: to requestor at the number above if possible, and if not please mail to the address above.

Email: to requestor at the email address above if possible, and if not please fax to the address above if possible, and if not then please mail to the address above.

Email: to requestor at the email address above if possible, and if not please mail to the address above.

In-office Inspection: Please contact me with an acceptable contact, time, and date when I may appear for inspection and possible scanning of documents.  

Pick- up: Please contact me with an acceptable contact, time, and date when I may pick up the documents.

 

Auditor or Attorney:    Fill in if you have one

 Contact: _____________

 

Media Specification: Paper Copies OR, IN THE ALTERNATIVE, DELETE “PAPER COPIES” AND PUT: Email attachment less than 20 MB, CD-ROM or DVD, unless certain records are not available in computer format, in which case response by fax is preferred

 

Records requested: The records and documents I am requesting are all those relating to:

Type in the records you want here. It is better to ask incrementally, rather than make large broad requests. If you know the name or heading of the document you want, use it. If you don’t know, you might want to call the clerk. Remember the rules of cross examination: ask a series of small questions and if the answers lead to a larger unavoidable conclusion then you have succeeded. Don’t be afraid to be like Colombo and keep asking for “just one more thing”. If you have to sue for this record, what you type here will be the legal standard you set for the case, so make it clear, concise, and to the point without leaving an escape hatch or loophole. The more you know in advance about what you are looking for, the better you can describe it.   

 

  For the purposes of this request, the term "you" or "your" refers to public body generating or maintaining the public records requested in this request, and to which this request is directed, whether that be an agency, municipality, office, county, or any other entity subject to disclosure under this act; the term "records" refers to all documents, regardless of physical form (including without limitation papers, reports, notes of telephone conversations, telephone call messages,  studies, proposals, indices, letters, messages, faxes, minutes, logs, journal entries, calendars, and computer-based or computer-generated materials including e-mail, or any other documentation of any kind of any and all kind) of or belonging to any department, agency, service area, board or other subdivision of the public body. "Records" shall include drafts of records to the extent permitted by law; The term "email" includes any electronic message and any attachment to any such message, and specifically includes emails sent or received by an officer, agent, or employee using an email address other than that person's official government issued email address if sent or received while on duty, using a government computer, in a government building, sent or received using a government contact list, or other using any other government resource.

Michigan law requires you to respond to this request not more than five (5) days from your receipt of this request, but you are asked to expedite this request if possible. If this request is sent by fax or email, the time to comply begins the day after the faxed request is sent to you. If your agency does not maintain these public records, please let my designated auditor know who does, and include the proper custodian's name and address. If this fax request does not go directly to the office of the FOIA coordinator, you must deliver it there immediately. If you deny any part of this request, please indicate the name and position of the person too who an appeal should be directed prior to instituting suit, so that needless litigation in which costs, damages, and attorney fee may be taxed against you might be avoided.

                Take notice of the penalties and consequences for failure to comply with this request: Willful violation of FOIA by refusing to disclose or delaying in disclosing or providing copies of a public record, may result in the court awarding in addition to any actual or compensatory damages, award punitive damages in the amount of $500 to the person seeking the right to inspect or receive a copy of a public record. Reasonable attorneys' fees, costs, and disbursements" will be awarded to any person who prevails in an action to compel disclosure under MCLA § 15.240. If the requesting person only prevails in part, "the court may, in its discretion, award all or an appropriate portion of reasonable attorneys' fees, costs, and disbursements.

                Because of the civic educational purpose of this request, I request a fee waiver and ask that you determine that a waiver or reduction of the fee is in the public interest because furnishing copies of the public record can be considered as primarily benefiting the general public." MCLA § 15.234(l)

I agree to pay any reasonable search, copying, and postage fees of not more than $2.00. If the cost would be greater than this amount, Please immediately contact me by telephone or email if you anticipate that the costs will exceed this amount, so as not to cause delay in the prompt disclosure of the records requested. I may appear in person to inspect the documents on scan them using my portable equipment. Please provide a receipt indicating the charges for each document. The Michigan FOIA law provides that, “A fee shall not be charged for the cost of search, examination, review, and the deletion and separation of exempt from nonexempt information as provided in section 14 unless failure to charge a fee would result in unreasonably high costs to the public body because of the nature of the request in the particular instance, and the public body specifically identifies the nature of these unreasonably high costs. MCLA § 15.234(3).

            If the documents I have requested are not subject to disclosure in their entirety, I request that you release all nonexempt portions of the documents that may be segregated and all parts of the documents that can be rendered disclosable by redaction without fee. If you determine that any of the requested documents fall within a statutory exemption, I request that you exercise your discretion to disclose those materials because of the overriding public concern about the improper use of government email systems and resources to further political agendas. As to any portion of the documents that you withhold, please state with specificity the legal and factual basis for withholding such portion. To the extent that you are unable to produce copies of or otherwise make available all records requested within the time frame provided, please notify my auditor in writing and provide me with those records that are available within the prescribed time frame and the remainder of the records on a "rolling" basis as they become available for production.

             I appreciate your anticipated prompt cooperation and will expect your response within 5 days, as required by the act. If you need further explanation of the details or the nature or scope of this request, please feel free to call me or my designated auditor or attorney specified above using the contact information provided.

 

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