For this week's FOIA Friday column, I'm going to share my notes from a talk I'm giving today at AnnArbor.com about the Freedom of Information Act:

Get the 411 on FOIA (the Freedom of Information Act) from Ed Vielmetti, the author of AnnArbor.com's FOIA Friday column. This session will provide a simple overview of what FOIA is, how and when to make a written request, how much it costs, and how long it will take to get a response. Parts 2 and 3 of the series continue on Friday, October 15 (Advanced FOIA) and Friday, November 19 (FOIA Workshop).

What is FOIA?

FOIA is the Michigan Freedom of Information Act, Act 422 of 1976 as amended, encoded in Michigan law as MCL 15.231 et seq.:

"AN ACT to provide for public access to certain public records of public bodies; to permit certain fees; to prescribe the powers and duties of certain public officers and public bodies; to provide remedies and penalties; and to repeal certain acts and parts of acts."

The law spells out the rights of the public to view and obtain records held by public bodies. It is permissible to charge fees, but there are requirements for how those fees are charged and administered. Some individuals have certain roles and powers, and there is a specific process to go through when a dispute arises which can but does not require a trip to the courts. It spells out how to address your written request for records, how that request must be handled, and which records may not or must not be released under the law.

FOIA is not the only way that information is released by governments. Some information is published by governments, either on their own web site or by purchasing advertising in print or online.

Links

• Act 442 of 1976 is Michigan FOIA law.
• Michigan FOIA, Attorney General's opinions interpret the law.

Who is eligable to do FOIA reqeusts?

Anyone (in the world) except some set of prisoners can request Michigan records. You don't need to have a lawyer to file a reqeust, and you don't even need a lawyer to appeal your denial if your reqeust is denied.

Every state has its own laws, and not all of them allow out of state residents.

How to make a written request

You need to fill out a form, and it has to be a written request for records.

Frankly, you might be surprised why it needs to be a written request, but that's worth noting. If you don't make a written request, you didn't make a request. A phone call is not a FOIA, and a conversation over the counter with a clerk is not a FOIA request. A handwritten note on a postcard is, however, a FOIA request.

You don't actually need to fill out a form. A simple letter will suffice. You are making a legal request, however, and it will be processed by some system, so being aware of how that form is filled out and how it is read is worth thinking about.

You don't actually get to request any information. This should be surprising; but it's worthwhile noting that it's true. If a record does not exist, the agency does not have any obligation to create it for you. If you want to know the answer that might require someone to write a report, total up a bunch of stats, or something else like that, you better be prepared to ask for the raw materials.

If an agency has a form, and you decide to use it, please print legibly.

• This card from the Dutch design firm Boomerang illustrates the level of frustration that users of modern search engines will experience with the FOIA process.
  
• Ann Arbor Police Department FOIA form PC-1171 allows you to type your request directly into the FOIA form, saving you a printing step.
  

When not to make a written request

If you only have some vague idea of what you are looking for, you might be better off talking to some people first. If you don't know what you want, the FOIA officer is not going to be able to divine your intent, and chances are it will take longer and cost more than if you do some spadework first to figure out how the organization structures its records.

How much does it cost?

It depends.

If an agency has well-indexed, online, and well designed records, and if the administration of that organization has a focus on getting information to the public in a timely way, then FOIA requests can be cheap or free and easy.

If you ask for 10 years worth of raw materials, in forms that would require extensive review by an attorney to see which parts of the records need to be removed for privacy reasons, then it's going to cost you.

Always specify on your request that you have a maximum budget, and that you are unwilling to pay a single penny more than that.

Links

• FOIA costs and delays, and how to avoid them.

How long does it take to get a response

It depends.

If you do your homework; if you know the FOIA coordinator, and they know you, and you treat them decently and can work with them as they work their system to find things; if you know the precise form and format of the records, and who is responsible for them, and what information in them is essential and unessential; and if you have asked in person in front of someone's desk and been told to file a FOIA request and them come back the next day with one; then yes, it can be fast.

If you ask a large, unwieldy, ambiguous question, which requires extensive research to get the answer, it might take the full time; that is, 5 business days of ordinary time, plus 10 business days of extended time.

If you're turned down you get to appeal. That takes time too.

If you're in a hurry....ask first. The more you know about what you are looking to get, and the easier it is to describe, the better off you are. If you're really in a hurry, there's almost always someone who has the records you want who will share them with you if it's in their interest to do so, if you can find them.

Last year, the Mackinac Center, a conservative think tank based in Midland, prepared a very broad FOIA request asking for seven years of records from the Michigan State Police on Homeland Security expenses. They received a $6.8 million estimate for the work needed to produce the work. Courts have rejected requests for information that are "absurdly overbroad," e.g. in Capitol Info. Association v. Ann Arbor Police Department (138 Mich. App. 655 (1984), 360 N.W.2d 262), where the court ruled that the "Legislature clearly intended MCL 15.233(1); MSA 4.1801(3)(1) to relieve public bodies from the intolerable administrative burdens which would result if such wholesale requests had to be fulfilled. Plaintiff had to request specific identifiable records; it failed to do so here."

About the author

Edward Vielmetti writes the FOIA Friday column for AnnArbor.com. Contact him at edwardvielmetti@annarbor.com.