Public Summary of FOIA Policy

A request must sufficiently describe a public record so as to enable the Village to find it.

Please include the words “FOIA” or “FOIA Request” in the request to assist the Village in providing a prompt response.

Requests to inspect or obtain copies of public records prepared, owned, used, possessed or retained by the Village may be submitted on the Village’s FOIA Request Form, in any other form of writing (letter, email, etc.).

No specific form to submit a written request is required.  However a FOIA Request Form and other FOIA-related forms are available for your use and convenience on the Village’s website at villageofbearlakemi.gov, and at the Village Clerk’s office.

Written requests may be delivered by mail to the following address:  P.O. Box 175, Bear Lake MI 49614                                                                                                                                                                

Finally, requests may be emailed to: [email protected].  To ensure a prompt response, email requests should contain the term “FOIA” or “FOIA Request” in the subject line.

Within 5 business days after receiving a FOIA request the Village will issue a response.  If a request is received by email, the request is deemed to have been received on the following business day.  The Village will respond to your request in one of the following ways:

• Granting the request.
• Issue a written notice denying the request along with the legal reason the request or a portion of the request is being denied.
• Granting the request in part and issuing a written notice denying in part the request along with the legal reason the request or a portion of the request is being denied.
• Issuing a notice indicating that due to the nature of the request the Village needs an additional 10 business days to respond.
• Issuing a written notice indicating that the public record requested is available at no charge on the Village’s website.

Some FOIA requests may require the requester to pay a fee due to the cost of processing the request. This usually occurs if the time/labor cost to grant the request exceed 20 minutes. For example, a large number of records are requested and/or the records requested are dated and not available online or via email.

PA563 of 2014 (FOIA Amendment) mandates that if public bodies fail to respond to requests in a timely manner as required by FOIA, they must reduce the charges for labor costs by 5 percent for each business day the public body exceeded the time limit, up to a maximum of 50 percent reduction. This reduction must be noted in the fee itemization form. There are certain exceptions for requests which are not clearly identifiable as a FOIA request.  

If the Village has made a good faith calculation that the total fee for processing the request will exceed $50.00, the Village will require that you provide a deposit in the amount of 50% of the total estimated fee.  When the Village requests the deposit, it will provide you a non-binding best efforts estimate of how long it will take to process the request after you have paid your deposit.

If the Village receives a request from a person who has not paid the Village for copies of public records made in fulfillment of a previously granted written request, the Village will require a deposit of 100% of the estimated processing fee before it begins to search for the public record for any subsequent written request when all of the following conditions exist:

• The final fee for the prior written request is not more than 105% of the estimated fee.
• The public records made available contained the information sought in the prior written request and remain in the Village's possession.
• The public records were made available to the individual, subject to payment, within the best effort time frame estimated by the Village to provide the records.
• Ninety (90) days have passed since the Village notified the individual in writing that the public records were available for pickup or mailing.
• The individual is unable to show proof of prior payment to the Village.
• The Village has calculated an estimated detailed itemization that is the basis for the current written request’s increased fee deposit.

However, the Village will not require the 100% estimated fee deposit if any of the following apply:

• The person making the request is able to show proof of prior payment in full to the Village.
• The Village is subsequently paid in full for all applicable prior written requests.
• Three hundred sixty five (365) days have passed since the person made the request for which full payment was not made to the Village.

PA563 of 2014 (FOIA Amendment) mandates that if public bodies fail to respond to requests in a timely manner as required by FOIA, they must reduce the charges for labor costs by 5 percent for each business day the public body exceeded the time limit, up to a maximum of 50 percent reduction. This reduction must be noted in the fee itemization form. There are certain exceptions for requests which are not clearly identifiable as a FOIA request.  

The Michigan FOIA statute permits the Village to charge for the following costs associated with processing a request:

• Labor costs associated with copying or duplication, which includes making paper copies, making digital copies, or transferring digital public records to non-paper physical media or through the Internet.
• Labor costs associated with searching for, locating and examining a requested public record, when failure to charge a fee will result in unreasonably high costs to the Village.
• Labor costs associated with a review of a record to separate and delete information exempt from disclosure, when failure to charge a fee will result in unreasonably high costs to the Village.
• The cost of copying or duplication, not including labor, of paper copies of public records.  This may include the cost for copies of records already on the Village’s website if you ask for the Village to make copies.
• The cost of computer discs, computer tapes or other digital or similar media when the requester asks for records in non-paper physical media.  This may include the cost for copies of records already on the Village’s website if you ask for the Village to make copies.
• The cost to mail or send a public record to a requestor.

Additional costs include the following:

Labor Costs:

All labor costs will be estimated and charged in 15-minute increments, with all partial time increments rounded down.  If the time involved is less than 15 minutes, there will be no charge. 

Labor costs will be charged at the hourly wage of the lowest-paid Village employee capable of doing the work in the specific fee category, regardless of who actually performs work.

Labor costs will also include a charge to cover or partially cover the cost of fringe benefits. The Village may add up to 50% to the applicable labor charge amount to cover or partially cover the cost of fringe benefits, but in no case may it exceed the actual cost of fringe benefits.

Overtime wages will not be included in labor costs unless agreed to by the requestor; overtime costs will not be used to calculate the fringe benefit cost.

Contracted labor costs will be charged at the hourly rate of six (6) times the current state minimum hourly wage.

A labor cost will not be charged for the search, examination, review and the deletion and separation of exempt from nonexempt information unless failure to charge a fee would result in unreasonably high costs to the Village.  

Costs are unreasonably high when they are excessive and beyond the normal or usual amount for those services compared to the Village’s usual FOIA requests, because of the nature of the request in the particular instance.  The Village must specifically identify the nature of the unreasonably high costs in writing.

Copying and Duplication:

The Village must use the most economical method for making copies of public records, including using double-sided printing, if cost-saving and available.

Non-paper Copies on Physical Media:

The cost for records provided on non-paper physical media, such as computer discs, computer tapes or other digital or similar media will be at the actual and most reasonably economical cost for the non-paper media.

This cost will be charged only if the Village has the technological capability necessary to provide the public record in the requested non-paper physical media format.

Paper Copies:

Paper copies of public records made on standard letter (8 ½ x 11) or legal (8 ½ x 14) sized paper will not exceed $.10 per sheet of paper. 

Copies for non-standard sized sheets will paper will reflect the actual cost of reproduction. 

Mailing Costs:
The cost to mail public records will use a reasonably economical and justified means.
The Village may charge for the least expensive form of postal delivery confirmation.
No cost will be made for expedited shipping or insurance unless you request it.
​
Waiver of Fees:

The cost of searching for and copying a public record may be waived or reduced if in the sole judgment of the FOIA Coordinator a waiver or reduced fee is in the public interest because it can be considered as primarily benefitting the general public.  The Village Council may identify specific records or types of records it deems should be made available for no charge or at a reduced cost.

The Village will discount the first $20.00 of fees for a request if you submit an affidavit stating that you are in one (1) of the following categories:

• You are indigent and receiving specific public assistance.
• If you are not receiving public assistance, then you must state facts demonstrating an inability to pay because of indigence.

However, you are not eligible to receive the $20.00 discount if either of the following apply to you:

• You have previously received discounted copies of public records from the Village twice during the calendar year.
• You are requesting information on behalf of other persons who are offering or providing payment to you to make the request.

A nonprofit organization advocating for developmentally disabled or mentally ill individuals that is formally designated by the state to carry out activities under Subtitle C of the Federal Developmental Disabilities Assistance and Bill of Rights Act of 2000, Public Law 106-402, and the Protection and Advocacy for Individuals with Mental Illness Act, Public Law 99-319, may receive a $20.00 discount if the request meets all of the following requirements in the Act:

• Is made directly on behalf of the organization or its clients.
• Is made for a reason wholly consistent with the mission and provisions of those laws under Section 931 of the Mental Health Code, 1974 PA 258, MCL 330.1931.
• Is accompanied by documentation of its designation by the state, if requested by FOIA Coordinator.

Appeal of a Denial of a Public Record 

If you believe that all or a portion of a public record has not been disclosed or has been improperly exempted from disclosure, you may appeal to the Village  Council by filing a written appeal of the denial with the Village Clerk. 

The appeal must be in writing, specifically state the word “appeal,” and identify the reason or reasons you are seeking a reversal of the denial.  You may use the Village FOIA Appeal Form (To Appeal a Denial of Records), which is available on the Village’s website: www.bearlakemichigan.org

Within 10 business days of receiving the appeal the Village Council  will respond in writing by doing one (1) of the following:

• Reversing the disclosure denial.
• Upholding the disclosure denial.
• Reverse the disclosure denial in part and uphold the disclosure denial in part.

Regardless of whether you submitted an appeal of a denial to the Village  Council, you may file a civil action in Circuit Court within 180 days after the Village's final determination to deny your request.  If you prevail in the civil action the Court will award you reasonable attorneys’ fees, costs and disbursements.  If the Court determines that the Village acted arbitrarily and capriciously in refusing to disclose or provide a public record, the Court shall award you damages in the amount of $1,000.

Appeal of an Excess FOIA Processing Fee

If you believe that the fee charged by the Village to process your FOIA request exceeds the amount permitted by state law, you must first appeal to the Village Council by filing a written appeal for a fee reduction to the Village Clerk. 

The appeal must specifically state the word “appeal” and identify how the required fee exceeds the amount permitted.  You may use the Village FOIA Appeal Form (To Appeal an Excess Fee), which is available at the Village Hall and on the Village’s website: www.bearlakemichigan.org.

Within 10 business days after receiving the appeal, the Village Council will respond in writing by doing one (1) of the following:

• Waiving the fee.
• Reducing the fee and issuing a written determination indicating the specific basis that supports the remaining fee.
• Upholding the fee and issuing a written determination indicating the specific basis that supports the required fee.
• Issuing a notice detailing the reason or reasons for extending for not more than 10 business days the period during which the Village Council will respond to the written appeal.

Within 45 days after receiving notice of the Village Council’s determination of the processing fee appeal, you may commence a civil action in Circuit Court for a fee reduction.  If you prevail in the civil action by receiving a reduction of 50% or more of the total fee, the Court may award all or an appropriate amount of reasonable attorneys’ fees, costs and disbursements.  If the Court determines that the Village acted arbitrarily and capriciously by charging an excessive fee, the Court may also award you punitive damages in the amount of $500. 

If the court finds the public body willfully and intentionally failed to comply with FOIA, or acted in bad faith, it must impose a civil fine in the amount of $2,500-$7,500 for each occurrence, such fine also being deposited in the general fund of the state treasury.