Americans for Prosperity-Michigan

Your FOIA & Open Meetings Act Rights

Our nation is based on the citizen’s right to know what their government does. Two Michigan laws are designed to protect this right. The Freedom of Information Act (FOIA) entitles citizens to review, inspect or receive copies of most public records. The Open Meetings Act (OMA) requires all meetings of a public body be held openly and in a place accessible to the public. These acts are essential to our democracy, but are only effective when used. Here is the information that you need to do that.

The Open Meetings Act
Following is a general outline of Michigan’s Open Meetings Act. Before asserting your OMA rights, always refer to the specific provisions of the Act.

OMA gives all Michigan citizens access to what their government is doing by requiring public bodies to conduct nearly all their business at open meetings. A “public body” is defined broadly in the act to include, the state legislature, cities, villages, townships, counties, schools, universities and special boards and commissions created by law. However, several state boards are specifically exempted.

Within ten days of the first meeting of a public body in each calendar or fiscal year, the body must publicly post at its principal office a listing of the dates, times and places of all its regular meetings. “Meeting” means the convening of a public body at which a quorum is present for the purpose of deliberating toward or rendering a decision on a public policy. Any citizen can request that public bodies put them on a mailing list to be notified in advance of all meetings.

For all other meetings, public bodies must post a notice of the date, time and place at least 18 hours before. A regular meeting of a public body, if recessed for more than 36 hours, can only be reconvened if a notice is posted 18 hours in advance. Public bodies may hold emergency sessions without a written notice or time constraints if two-thirds of the body’s members “decide that delay would be detrimental” because of a severe threat to the public’s health, safety or welfare.

Closed meetings are allowed in a few specified circumstances. Generally, in order for a public body to hold a closed meeting, two-thirds of its members must vote affirmatively by roll call. The purpose of the closed meeting must be stated in the open meeting.

Anyone can attend a meeting of a public body. There is no requirement to a register before attending. You also have the right to audio or video tape any part of an open meeting. The public body must give you a reasonable opportunity to speak at some point during the proceedings.

Public bodies must is keep minutes of all meetings, which must contain an explanation of the purpose of any closed sessions. Except for minutes taken during closed sessions, all minutes are public records and must be available for public review within 8 business days of the meeting.

The attorney general, county prosecutor, or any citizen can challenge in circuit court the validity of a public body’s decision if made in violation of OMA. The court can strike down a decision if it finds it was made in a meeting that violated OMA.

The first time a public official intentionally breaks the law, they can receive a maximum fine of $1,000. For a second offense within the same term of office, they can be fined up to $2,000, be jailed for up to one year, or both. Officials intentionally violating the act are also personally liable for damages up to $500, plus court costs and attorney fees.

The Freedom of Information Act
The following is a general outline of Michigan’s Freedom of Information Act (FOIA). When using FOIA, always rely on the specific provisions of the Act.

FOIA allows citizens to obtain public records from all public bodies in the state. FOIA defines a public body broadly as a state or local government, any board or agency created by a public body, and any program primarily funded by the state or a local authority. Anyone, regardless of age or residency, may ask to inspect, copy, or receive a copy of a public record.

FOIA sets disclosure requirements for all “public bodies” in the state. It specifically excludes the governor and lieutenant governor’s offices and doesn’t apply to the judicial branch or legislators. Nearly all state departments and agencies fall under the Act.

A “public record” is a writing prepared, owned, used, in the possession of, or retained by a public body. FOIA applies to records that are handwritten, typed, printed, photographs, photocopies and every other means of recording. It includes letters, words, pictures, sounds, symbols, maps and all forms of computer records. All records except those specifically cited as exceptions are covered by FOIA.

A public body must respond to your FOIA request within at least 5 business days. Under unusual circumstances, they can notify you in writing and extend the time limit by 10 days. You also have the right to subscribe to future issuances of public records that are created, issued or disseminated on a regular basis. A subscription is valid for up to six months, at the request of the subscriber, and is renewable.

Public bodies can charge a fee, but it must be limited to actual duplication, mailing and labor costs. The public body may require a deposit not to exceed half of the total cost before they process your request.

If a request is denied, written notice explaining why it was denied must be provided to the requester within 5 days. Failure to respond within the time limits amounts to a denial.

Alternately, any individual has the right to inspect public records. The public body or agency must provide reasonable facilities during their normal business hours so requestors may examine and take notes from public records.

You have the right to take a public body to circuit court if your FOIA request is denied. If the court finds the public body arbitrarily and capriciously violated FOIA by refusal or delay, it may award punitive damages of $500 in addition to any actual or compensatory damages.

There is no required form to make FOIA requests; FOIA only requires it be in writing, including email, letter or fax. The Michigan Press Association’s FOIA Request Generator will create a letter for you to mail and some local governments have helpful fill-in forms.

Additional Information
When a Michigan court renders a decision on a law, which can change how the law is applied statewide. The same is true of Attorney General Opinions. If you wish to exert your rights, it’s important to have this latest information. The state legislature has an online booklet that explains FIOA and OMA. Two sections of that booklet explain how these opinions and decisions have clarified the law. Unfortunately, this booklet hasn’t been updated since January of 2001.

In 2009, the legislature updated Portraits of Michigan, a 49-page “fun way for you to learn about the state.” The legislature seems more concerned about updating a Michigan trivia quiz than telling you how to obtain information about what they’re doing. Call your state representative and state senator. Tell them you want current information about these important rights.

If you have other questions, there are many resources available on the web. Two sites that may answer your questions about FOIA and OMA are: Michigan Press Association and Michigan Attorney General.