Public Records

Michigan Freedom of Information Act Procedures and Guidelines

The Michigan Freedom of Information Act (FOIA) provides for public access to certain public records, permits the charging of prescribed fees and deposits, and provides remedies and penalties for non-compliance. A person has a right to inspect, copy, or receive copies of certain requested public records. Some public records are permitted or required not to be disclosed. The District is a public body that must comply with FOIA. The District has established the following Procedures and Guidelines to implement FOIA. For purposes of these Procedures and Guidelines, terms have the same meaning as defined in FOIA. A complete copy of FOIA is available on the Michigan Legislature’s website at www.legislature.mi.gov.

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

A written request to inspect, copy, or review a public record should be submitted to the District’s FOIA Coordinator.  The Superintendent or designee is the Freedom of Information Coordinator at the West Michigan Academy of Arts and Academics, and his/her office is responsible for handling FOIA requests. 

• FOIA requests can be sent via U.S. Mail to: 17350 Hazel Street, Spring Lake, MI 49456

• FOIA requests sent via email should be sent to: wmaaa@westmichiganacademy.org 

• FOIA requests sent via fax should be faxed to: 616-844-9941

• 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).
• A request must describe the public record in sufficient detail to enable the District to find the requested record.

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 West Michigan Academy of Arts and Academics from disclosing student records protected under the federal Family Educational Rights and Privacy Act (FERPA).

At West Michigan Academy of Arts and Academics, the decision whether material should be withheld is made by the Superintendent or designee, if necessary after consultation with other appropriate departments. The Superintendent or designee has the authority 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. Sometimes requests involve voluminous documents spread over several departments. In those cases, full compliance with the request may take longer than fifteen (15) business days.

Fees For Providing Documents

The District may charge a fee for the search, review, separation of exempt from non-exempt information, copying and mailing of documents. Upon receipt of the request, if a fee is to be assessed, the requester will be provided a detailed itemization of fees that will list and explain the allowable charges that compose the total fee and the District will ask whether he/she wants to proceed. Fees are calculated using the detailed fee itemization form.

The District charges the following fees: 

1. Labor costs incurred for searching for, locating, and examining public records. Labor costs are calculated in 15-minute increments (rounded down) and will not exceed the hourly rate of the lowest-paid employee capable of searching for, locating, and examining the public records. No overtime will be charged unless requested by the requester, approved by the District, and included on the fee itemization form. The hourly rate of the lowest-paid employee capable of searching for, locating, and examining particular records may vary depending upon the nature of the records sought and the corresponding qualifications or authorizations required to search for, locate, or examine the requested record. All charges will be noted on the fee itemization form.
2. Labor costs for separating and deleting exempt information from non-exempt information. Labor costs are calculated in 15-minute increments (rounded down) and will not exceed the hourly rate of the lowest-paid employee capable of separating and deleting material that is exempt from disclosure from information that is non-exempt from disclosure. No overtime will be charged unless requested by the requester, approved by the District, and included on the fee itemization form. The hourly rate of the lowest-paid employee capable of separating and deleting exempt information from non-exempt information may vary depending upon the nature of the records sought and the corresponding qualifications or authorizations required to separate and redact exempt information from non-exempt information. If the District FOIA Coordinator determines on a case-by-case basis that no employee of the District is capable of separating and deleting exempt from non-exempt material, the District may engage a contracted services provider and charge labor costs. Such labor costs will be calculated in 15-minute increments (rounded down), and the hourly rate will not exceed 6 times the state minimum wage. All charges will be noted on the fee itemization form. 
3. Costs for non-paper physical media. A requester may stipulate that records be produced on non-paper physical media (e.g., on a flash drive or CD). If the District has the technological capabilities to comply with the request for production on non-paper physical media, the District may charge the actual and most reasonably economical cost of the requested non-paper physical media, and the cost of non-paper physical media will be included on the fee itemization form.
4. Actual cost of duplication for paper records. The District will charge the actual cost of duplication (not to exceed 10 cents per sheet) for 8-1/2 by 11-inch sheets of paper or 8-1/2 by 14-inch sheets of paper. 
5. The actual cost of duplication will be charged for non-standard-sized sheets of paper and may exceed 10 cents per sheet. The District will utilize the most economical means available for making copies of public records, including using double-sided printing, if cost saving and available. Actual labor costs for duplication or publication. The District’s charges for duplication or publication will not exceed the hourly rate of the lowest-paid employee capable of duplicating or publishing the records. The hourly rate of the lowest-paid employee capable of duplicating or publishing records may vary depending on the nature of the records sought. Duplication or publication fees are calculated in 15 minute increments (rounded down). All charges will be noted on the fee itemization form. 
6. Postal delivery charges. The District may charge the costs of the least expensive form of postal delivery. If a requester asks for expedited mailing and if the District agrees to provide expedited mailing, the actual costs of the expedited mailing may be charged and must be included on the fee itemization form. 
7. Fringe benefits. The District may add to the labor charges described above the actual cost of the public employee’s fringe benefits, up to 50% of the labor costs. Fringe benefits must be noted on the fee itemization form. Overtime wages. No overtime will be charged unless requested by the requester, approved by the District, and included on the fee itemization form. 

Each of the fee components described above must be specifically listed on the fee itemization form. A completed copy of the fee itemization form will be included with the response to the request.

1. Fee Waivers. A search for a public record may be conducted, or copies of public records may be furnished, without charge or at a reduced charge if the District determines, in its discretion, that a waiver or reduction of the fee is in the public interest because searching for or furnishing copies of the public records can be considered as primarily benefiting the general public.

2. Discounts. Under the following circumstances, a public record search will be made by the District and a copy of a non-exempt public record will be furnished without charge for the first $20 of the fee: 

i. If an individual who is entitled to information under the FOIA:

• submits an affidavit stating that the individual is receiving specific public assistance or is unable to pay the fee because of indigence and stating that the individual is not making the request in conjunction with outside parties in exchange for payment or other remuneration; and 

• that individual has not previously received discounted copies of public records from the District twice during the same calendar year.