Michigan Public Bodies Must Post Their Revised FOIA Procedures on Their Website

While many public bodies may be aware that the new Michigan Freedom of Information Act ("FOIA") took effect on July 1, 2015, and have already taken steps to adopt written procedures and guidelines, a written summary and an itemized fee form, simply adopting those documents is not full compliance with the new FOIA. Section 4(4) of the revised FOIA states that if "the public body directly or indirectly administers or maintains an official internet presence, it shall post and maintain the procedures and guidelines and its written public summary on its website." If the public body does not make its procedures and guidelines and written summary publicly available without charge, then it "shall not require deposits or charge fees otherwise permitted under this act until it is in compliance with this subsection." 

Consequently, public bodies are encouraged to promptly post their revised FOIA procedures and guidelines and written summary on their website if they have not yet done so. A failure to post those documents online may limit the public body's ability to charge for responding to any FOIA requests until they are posted.

If you have any questions about your obligations under the new FOIA, please contact Kurt Graham at (616) 608-1144, kgraham@clarkhill.com or your Clark Hill Education and Municipal Law attorney.