FOIA Contact: cbush@eupschools.org

Freedom of Information Act Policy

Michigan FOIA Procedures and Guidelines

Sample FOIA Request Form

Detailed Itemization Standard Fee Form

Legislature - Michigan.gov

Pickford Public School District & Michigan's Freedom of Information Act

As a public institution in the state of Michigan, Pickford Public School District is subject to provisions of the state's Freedom of Information Act (FOIA). Under the FOIA, "all persons, except those persons incarcerated in state or local correctional facilities, are entitled to full and complete information regarding the affairs of government and the official acts of those who represent them as public officials and public employees...." Consequently, any individual other than a federal, state or county prisoner has the right to inspect and/or receive copies of public records maintained by the District.

What is a public record?

The FOIA defines a public record as a "writing prepared, owned, used, in the possession of, or retained by a public body in the performance of an official function, from the time it is created."

The law defines a "writing" as "handwriting, typewriting, printing, Photostatting, photographing, photocopying, and every other means of recording, and includes letters, words, pictures, sounds, or symbols, or combinations thereof, and papers, maps, 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." E-mail messages are considered public records under the FOIA if they deal with official District business. A person's correspondence requesting information under the FOIA is also considered a public Record. However, the law specifically excludes computer software from the definition of public record.

Please note that the District is not required to make a compilation, summary or report of information, or to create a new public record.

How to file a FOIA request with the District

Business Manager Cheri Bush is the Freedom of Information Coordinator at Pickford Public School District, and her office is responsible for handling FOIA requests. Written FOIA requests should be sent to the District's FOIA Coordinator via mail, Pickford Public School District, P.O. Box 278, Pickford, MI, 49774. Requests can also be faxed to the office at (906) 647-3706 or e-mailed to cbush@eupschools.org.

The District has prepared a FOIA request form, available for download via the link above. This form can be filled out on your computer or printed and completed by hand. If that form is not used, the following is recommended when making a request:

• Please specify with as much detail as possible the records you wish to inspect and/or receive copies of. For example, if applicable, please include the time period involved and the department where the documents may be located, if you know it.

• A request must include the requester’s (1) complete name (first and last name), (2) mailing address, and (3) either phone number or email address. A request made by an organization must include the contact information of its agent or representative. Any mailing address provided must be in a format that complies with United States Postal Service addressing standards. This information is not required for a request by an individual who qualifies as indigent under FOIA (i.e., by submitting an affidavit that describes the individual’s indigence).

Can some records be withheld?

The law recognizes that, in some instances, the public interest may be better served by not disclosing information. FOIA therefore makes certain public records exempt from disclosure, for reasons ranging from matters of privacy to confidential research-related information. One exemption that applies uniquely to schools prohibits Pickford Public School District from disclosing student records protected under the federal Family Educational Rights and Privacy Act (FERPA).

At Pickford Public School District, the decision whether material should be withheld is made by the FOIA Coordinator, if necessary after consultation with other appropriate offices including Legal Services. The FOIA Coordinator has the authority, delegated by the Superintendent, to deny a FOIA request.

How much time does the District have to respond?

The District has five (5) business days after receiving a written request to respond, although the response period can be extended by the FOIA Coordinator for up to an additional ten (10) business days. Day 1 of the response period is considered to be the next business day following receipt of the written request. Email is considered "received" one business day after it was sent. If, however, the request is electronically transmitted and delivered to a spam or junk mail folder, the request will be deemed received one (1) day after the District becomes aware of it.

The FOIA Coordinator can either grant a request; deny it in full or in part, citing one or more exemptions; or certify that the requested document(s) don't exist.

Fees for providing documents

Fees are calculated using the Fee Itemization Form included with these Guidelines and Procedures as Form 3501-F-3.

The District may charge fees related to Freedom of Information Act (FOIA) requests, which include labor costs for locating, reviewing, and redacting records; duplication or publication; and delivery. Labor costs are based on the hourly rate of the lowest-paid qualified employee, calculated in 15-minute increments. Additional charges may apply for non-paper media, paper copies (not exceeding 10 cents per standard page), and postal delivery. Overtime is only charged if requested and approved. Fringe benefits may be added up to 50% of labor costs. A Fee Itemization Form will detail all charges and is provided with each response. Discounts or fee waivers may be granted if the request serves the public interest or if the requester qualifies due to financial hardship or nonprofit status. If the District responds late to a request, labor fees may be reduced up to 50% depending on the situation. Full payment is required before records are released. Full explanation of the calculation of fees is explained in the link Michigan FOIA Procedures and Guidelines above.

In addition, the requester may be charged the actual cost of any non-paper physical media (e.g., computer disks, tapes, etc.) or paper requests. The maximum charge per piece of paper sized 8-1/2 by 11-inch sheets of paper or 8-1/2 by 14-inch paper is .10 (10 cents), as well as the actual cost of mailing the request.

Can I inspect a public record in person?

Yes, the District will provide reasonable facilities for a requester to inspect non-exempt public records. The facilities will be available during the District’s normal business hours. The FOIA Coordinator will establish rules regulating the manner in which records may be inspected to protect the District’s records from loss, alteration, mutilation, or destruction or to prevent undue interference with the District’s normal operations.

Also, please note that there still may be a fee charged for the cost of searching for and reviewing the original records before the requester can examine them.

What recourse do I have if the response is untimely, the fee is excessive or I am denied information?

If the District fails to respond to an appropriately submitted and recognizable FOIA request within the timelines explained above, the labor costs to produce the documents must be reduced by 5% for each day the response is delayed, up to 50% reduction, if the failure to timely respond was willful or intentional or if the request included language described in FOIA as readily conveying a FOIA request.

If the requester believes that the estimated fee for producing public records exceeds the amount permitted under the FOIA or these publicly available Procedures and Guidelines, the requester may, within 45 days after receiving notice of the required fee, commence an action in the circuit court for the county in which the public record or the District’s office is located.

If the request is denied, in whole or in part, then within 180 days of the District's denial, the requester can either submit a written appeal to the Board or commence an action in the circuit court in Chippewa County. The Board typically has 10 business days after receipt of an appeal to respond, but in unusual circumstances, the Board may take an additional 10 business days. If the Board fails to respond in a timely manner to the written appeal or upholds all or a portion of the disclosure denial that is the subject of the written appeal, the requester may seek judicial review by commencing a civil action in circuit court.

**For a full disclosure of Pickford Public School District's procedure and guidelines, please click the link Michigan FOIA Procedures and Guidelines above.