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Act 442 of 1976 Michigan Freedom of Information Act. By Troy J. Cook. Intentions and “Public” Definition. To regulate and set requirements for all “public bodies” to disclose public information. Public refers to: Agency, employee, commission, council, division, etc.
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Act 442 of 1976 Michigan Freedom of Information Act By Troy J. Cook
Intentions and “Public” Definition • To regulate and set requirements for all “public bodies” to disclose public information. • Public refers to: • Agency, employee, commission, council, division, etc. • Agency board, commission, or council within the state • County, city, township, village, school district, and municipal corporations • Any other body created by state or local authority
Records Open to Disclosure • Working papers • Research materials • Meeting minutes • Voting records • Staff Manuals • Final Orders in contested cases • Other rules that are written
Articles accepted • Handwritten, typed, printed, or photostated • Use of letters, words, pictures, and symbols • Paper, maps, punch cards, discs, and drums • Or any other means of recording
Exempt Records • Individual private affairs • Investigations for law enforcement purposes • Trade secrets • Information subject to attorney-client privilege and doctor-patient • Pending public bids for contract • Test questions and answers • Law enforcement communication codes and deployment plans
Availability of Records • Any person can make a request • Within five days a reply from the public body • The right to request a subscription • Public agency has the duty to provide adequate facilities
Fees, Denials, and Penalties • Fees cannot exceed the cost of printing , preparing, and mailing • Low income individuals • Written notice within 5 days • Reason for denial • Requester’s rights • Actual and compensatory damages