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.