VILLAGE OF KALKASKA
WRITTEN PUBLIC SUMMARY OF FOIA PROCEDURES AND GUIDELINES
Consistent with the Public Act 563 of 2014 amending the Michigan Freedom of Information Act (FOIA), the following is the Written Public Summary of the Village’s FOIA Procedures and guidelines relevant to the general public.
- Submitting a FOIA request to the Village of Kalkaska.
Requests to review and for copies of records under the FOIA shall be in writing or electronic format. To ensure prompt response, e-mail requests should contain the term “FOIA” or “FOIA Request” in the subject line and be sent to email@example.com. The request must sufficiently describe a public record to enable the Village to locate the document. The FOIA coordinator shall review the Village’s spam and junk mail folders on a regular basis.
If a verbal request is made for information that is available on the Village’s website, the requestor may be referred to the website.
Requests to inspect public records:
The Village shall provide reasonable facilities and opportunities for persons to examine and inspect public records during normal business hours. The FOIA Coordinator is authorized to promulgate rules regulating the manner in which records may be viewed so as to protect Village records from loss, alteration, mutilation or destruction and to prevent excessive interference with normal Village operations.
- Response to FOIA Request.
The FOIA coordinator shall respond to the request within five (5) business days. The FOIA coordinator may grant (as a whole or in part) or deny the request. If additional time is required to locate the record, the FOIA coordinator shall issue a notice stating ten (10) additional days are needed to respond.
- Deposit requirements.
At the time a request is made, the Village may require a deposit from the person requesting the public record or series of public records if the fees will exceed $50.00. The deposit shall not exceed one-half of the total fee for the request.
Under certain circumstances, a 100% deposit may be required before processing a request from individuals who have not paid the Village of Kalkaska for public records acquired pursuant to previous FOIA requests.
Detailed itemization of the estimated cost and an estimate of the timeframe needed to provide the records shall be provided to the requester. A 100% deposit may be required as allowed under FOIA.
The Michigan FOIA statute permits the Village to assess and collect a fee for six designated processing components. The Village may charge for the following costs associated with processing a request:
- Labor costs associated with searching for, locating and examining a requested public record.
- Labor costs associated with a review of a record to separate and delete information exempt from disclosure of information which is disclosed.
- The cost of non-paper physical media, including computer discs, computer tapes or other such similar media when the requester asks for records in such a manner.
- The cost of duplication or publication, not including labor, of paper copies of public records.
- Labor costs associated with duplication or publication, which includes making paper copies, making digital copies, or transferring digital public records to non-paper physical media or through the internet.
- The cost to mail or send a public record to a requestor.
All labor costs will be estimated and charged in 15-minute increments with all partial time increments rounded down. The cost for records provided on non-paper physical media will be at the actual and most reasonably economical cost of such media. Paper copies of public records shall not exceed $0.10 per sheet of paper. The cost to mail public records will use a reasonably economical and justified means.
If the Village does not employ a person capable of separating and deleting exempt information from nonexempt information, it may utilize contracted labor to do so. All contracted labor costs will be estimated and charged in increments of 15 minutes or more, with all partial time increments rounded down. Total labor costs calculated under this subdivision for contracted labor costs shall not exceed an amount equal to 6 times the state minimum hourly wage rate.
A Detailed Standard Form will be utilized to calculate costs.
- Reduction of processing fees.
In certain circumstances, labor costs may be reduced if the FOIA request has not been responded to in a timely manner.
A requesting person, in lieu of seeking a Court determination regarding a final determination of the FOIA Coordinator, may file a written appeal to the Village Council. Pursuant to the FOIA, the Village Council shall receive the appeal at its next regular meeting and, if possible, shall respond to the written appeal not more than ten (10) business days after receiving a written appeal. The Village Council shall take one of the following actions in response to the filing of an appeal:
- Reverse the denial.
- Issue a written notice to the appellant affirming the denial.
- Reverse the denial in part and issue a written notice to the appellant affirming the denial in part.
- If necessary due to unusual circumstances, issue a notice extending for not more than ten (10) business days the period during which the Village Council may respond to the appeal.
This is only a summary of the Village of Kalkaska’s FOIA Procedures and Guidelines. For more details and information, copies of the Village of Kalkaska’s FOIA Procedures and Guidelines are available at no charge at the Village Office and on the Village’s website: www.kalkaskavillage.com.