No. 2015 – 025
SUBJECT: FREEDOM OF INFORMATION ACT
The following policy provides an update of the Freedom of Information Act (FOIA), per the rules depicted in P.A. 563 of 2014.
The Emmet County Road Commission (ECRC) designates the Engineer-Manager as the FOIA officer.
As required in P.A. 563, the ECRC may charge for preparation costs of the least compensated administrative employee’s hourly wage. The labor fees will be separated into 4 categories:
- Searching, locating and examining public records.
- Separating and deleting non-exempt information.
- Copying time or time for complying with digital copy requests.
- Fringe benefits, not to exceed 50% of wages.
Time will be calculated in 15 minute increments, per the P.A.563. If the ECRC Attorney is needed for the response, the ECRC will charge 6 times the State minimum hourly wage rate.
The maximum allowable cost for paper copies is $0.10 per sheet. Mailing costs will be passed directly along to the requestor, but will be at the least expensive method. For “Non-paper” requests, the Road Commission will charge for direct costs associated with the request.
If the total charge for the FOIA request is under $20 the ECRC will not charge a fee if the requestor is indigent or a nonprofit organization as designated by the State of Michigan. The ECRC will charge ½ of the estimated fee upfront if the estimate exceeds $50, per P.A.563.
FOIA requests must be received by written letter, fax or by e-mail to the FOIA officer. Once received, the ECRC has 5 business days to respond to the request one of the following methods:
- Granting the request
- Issuing a written notice denying the request
- Granting the request in part and issuing a written notice denying the request in part.
- Issuing a notice extending the request an additional 10 business days.
Fees must be paid in full to the Emmet County Road Commission prior to actual delivery of the copied documents.