About your right to know

on June 17, 2007 at 10:50 AM, updated June 19, 2007 at 11:18 AM

Public records, from employee salaries to accident reports, are subject to Michigan's Freedom of Information Act.

State and federal FOIA laws exist to ensure that records held by public bodies are generally available to the public.

To obtain such information, here's what you need to know.

* Make a request, in writing, to the FOIA coordinator of the public body that maintains the records you want. Every city, school district, university, county or other public body is required to have a FOIA coordinator who accepts those requests.

* Some public entities have forms they use for records requests. Others ask you to provide in writing what you want and sign it.

* Be as specific as possible about the records you seek. Records can be in any form, including handwritten notes and audio or video recordings. You have the right to inspect, copy or receive a copy of a public record.

* The public body must respond to your request within five business days. It may notify you that it wants to extend its response time up to an additional 10 business days.

* If you only want to review or take notes from a public record, the public body must make facilities available to do that during its normal business hours.

* Be prepared to pay. Public bodies are allowed to charge for the actual costs of duplication, mailing and labor to copy records for inspection or possession. You could be asked to pay an initial deposit. For example, a copy of a Kalamazoo vehicle-accident report costs $5.

* If you are receiving public assistance or can "present facts showing inability to pay because of indigency," the first $20 of your fee must be waived.

* Certain records may be exempt from disclosure, such as information that would "interfere with law enforcement proceedings" or "constitute an unwarranted invasion of personal privacy."

* If a public body denies your request, or deletes certain information, it must tell you what is being withheld and the legal reasons why. Even if part of the information is withheld, the rest of the document must be provided.

* You can appeal a denial of records to the head of the public body, who has up to 20 business days to respond, or you can appeal to circuit court.

* If your appeal is denied by the head of the public body, you can file an action in circuit court within 180 days of the public body's final denial. If you prevail, the public body can be required to pay your attorney fees. If the court finds the public body arbitrarily denied disclosure, it can award you $500 in punitive damages.

For information about FOIA, go online to