FOIA POLICY OF THE ELSIE PUBLIC LIBRARY

Elsie Public Library 

Written Public Policy of the Library's Freedom of Information Act (FOIA) Procedures and Guidelines 

Amendments to the Freedom of Information Act require approval of policy and cost forms. 

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Therefore, the Elsie Public Library Board of Trustees approves, by unanimous vote, that the Freedom of Information Act policy and cost form are approved in this form. It is further approved that the policy and costs shall be posted on the Elsie Public Library (EPL) website: https://elsiepubliclibrary.org

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I. PURPOSE. 

The Elsie District Public Library ("Library") adopts the public policy set forth in the Michigan Freedom of Information Act, 1976 PA 442 ("FOIA"), that all persons, except those persons incarcerated in state, county or federal correctional facilities, are entitled to full and complete information regarding the affairs of government and the official acts of those who represent them as public officials and public employees, consistent with the FOIA. Access to information is important so that people may fully participate in the democratic process. These Procedures and Guidelines are enacted in compliance with the requirements set forth in Section 4(4) of the FOIA. 

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II. FOIA COORDINATOR. 

The Library Director shall be the FOIA Coordinator. The FOIA Coordinator will respond to requests in accordance with the FOIA. An employee of the Library who receives a request for a public record must promptly forward that request to the FOIA Coordinator. The FOIA Coordinator is responsible for accepting, processing and approving a denial of a request and signing the written notice of denial. The FOIA Coordinator may designate another individual to act on his or her behalf in accepting and processing requests for the Library's public records, and in approving a denial. 

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III. REQUEST REQUIRED. 

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A. Requestor; Public Record. An individual, corporation, limited liability 

company, partnership, firm, organization, association, governmental entity, or other legal entity, except those persons incarcerated in state, county or federal correctional facilities, may request public records from the Library. "Public Record" has the meaning as defined in Section 2(e) of the FOIA. 

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B. Verbal Requests. The Library may, but is not required to, provide public 

records in response to a verbal request, unless such verbal request is for information that the Library believes is available on its website. In such case, an employee, where practicable and to the best of his or her knowledge, shall inform the requestor about the pertinent website where the information is available. 

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C. Written Requests. ​Except as provided in Section III.B above, a person 

desiring to inspect, copy or receive a copy of a public record shall make a written request for the public record to the Library. A request can be made through a letter, in person, or sent by electronic transmission. 

1. Where to Send the Request. Whenever possible, requests for public 

records should be directed to the following recipients so that the information can reach the FOIA Coordinator: 

a. By mail or in person: 

Elsie Public Library 

Attn: FOIA Coordinator 

Address: 

P.O. Box 545 145 W. Main St. 

Elsie, MI 48831 

b. By e-mail: elsielibrary@gmail.com 

c. By fax: 989.862.4633 

2. Sufficient Description. Requests in writing must identify the public 

record sufficiently to allow the Library to find the requested record. If not, 

the request may be denied on that basis. Please include the words "FOIA" or "FOIA Request" in the request to assist the Library in providing a prompt response. 

3. Electronic Transmissions. For requests sent by electronic 

transmission, the following shall apply: 

a. Electronic Transmissions. A written request made by facsimile, 

electronic mail, or other electronic transmission is not received by the Library's FOIA coordinator until 1 business day after the electronic transmission is made. 

b. Spam or Junk Mail Folder. If a written request is sent by 

electronic mail and delivered to the Library's spam or junk mail folder, the request is not received until 1 day after the Library first becomes aware of the written request. The Library shall note in its records both the time a written request is delivered to its spam or junk mail folder and the time the Library first becomes aware of that request. The FOIA Coordinator shall be responsible for routinely monitoring the spam and junk mail folders in order to determine whether they contain any FOIA requests. 

4. Specify Format. The requestor may specify whether he or she would 

like to inspect, receive paper copies, or receive the public records on non-paper physical media. The Library is only required to comply with the 

request for specified non-paper physical media if it has the technological capability necessary to provide the public records on the requested non-paper physical media in the particular instance. 

5. Subscription. A person has a right to subscribe to future issuances of 

public records that are created, issued, or disseminated on a regular basis. A subscription shall be valid for up to 6 months, at the request of the subscriber, and shall be renewable. 

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IV. What kind of response can I expect to my request? 

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Within 10 business days after receiving a FOIA request the Library will issue a response. If a request is received by fax or email, the request is deemed to have been received on the following business day. The Library will respond to your request in one of the following ways: 

• Grant the request, 

• Issue a written notice denying the request, 

• Grant the request in part and issue a written notice denying in part the request, 

• Issue a notice indicating that due to the nature of the request the Library needs an additional 10 business days to respond, or 

• Issue a written notice indicating that the public record requested is available at no charge on the Library's website 

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If the request is granted, or granted in part, the Library will ask that payment be made for the allowable fees associated with responding to the request before the public record is made available. 

If the cost of processing the request is expected to exceed $50, or if you have not paid for a previously granted request, the Library will require a deposit before processing the request. 

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V. What are the Library's deposit requirements? 

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If the Library has made a good faith calculation that the total fee for processing the request will exceed $50.00, the Library will require that you provide a deposit in the amount of 50% of the total estimated fee. When the Library requests the deposit, it will provide you a non-binding best effort estimate of how long it will take to process the request after you have paid your deposit. 

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If the Library receives a request from a person who has not paid the Library for copies of public records made in fulfillment of a previously granted written request, the Library will require a deposit of 100% of the estimated processing fee before it begins to search for the public record for any subsequent written request when all of the following conditions exist: 

• The final fee for the prior written request is not more than 105% of the estimated fee; 

• The public records made available contained the information sought in the prior written request and remain in the Library's possession; 

• The public records were made available to the individual, subject to payment, within the best effort time frame estimated by the Library to provide the records; 

• Ninety (90) days have passed since the Library notified the individual in writing that the public records were available for pickup or mailing; 

• The individual is unable to show proof of prior payment to the Library; and 

• The Library has calculated an estimated detailed itemization that is the basis for the current written request's increased fee deposit. 

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The Library will not require the 100% estimated fee deposit if any of the following apply: 

• The person making the request is able to show proof of prior payment in full to the Library; 

• The Library is subsequently paid in full for all applicable prior written requests; or Three hundred sixty-five (365) days have passed since the person made the request for which full payment was not remitted to the Library. 

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VI. How does the Library calculate FOIA processing fees? 

The Michigan FOIA statute permits the Library 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 Library. 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 Library. 

• 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 Library's website if you ask the Library 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 Library's website if you ask the Library to make copies. The cost to mail or send a public record to a requestor. 

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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. 

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Labor costs will be charged at the hourly wage of the lowest-paid Library employee capable of doing the work in the specific fee category, regardless of who actually performs work. 

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Labor costs will also include a charge to cover or partially cover the cost of fringe benefits. The Library 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. 

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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. 

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Contracted labor costs will be charged at the hourly rate of $82.38 (6 times the 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 Library. Costs are unreasonably high when they are excessive and beyond the normal or usual amount for those services compared to the Library's usual FOIA requests, because of the nature of the request in the particular instance. The Library must specifically identify the nature of the unreasonably high costs in writing. 

 

Copying and Duplication 

The Library must use the most economical method for making copies of public records, including using double-sided printing, if cost-saving and available. 

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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 Library has the technological capability necessary to provide the public record in the requested non-paper physical media format. 

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Paper Copies 

• Paper copies of public records made on standard letter (8 1⁄2 x 11) or legal (8 1⁄2 x 14) sized paper will not exceed $.10 per sheet of paper. 

• Copies for non-standard sized sheets of paper will reflect the actual cost of 

• reproduction. 

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Mailing Costs 

• The cost to mail public records will use a reasonably economical and justified means.

• The Library 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. 

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Waiver of Fees 

The cost of the search for and copying of 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 Library board may identify specific records or types of records it deems should be made available for no charge or at a reduced cost. 

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VII. How do I qualify for an indigence discount on the fee? 

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The Library will discount the first $20.00 of fees for a request if you submit an affidavit stating that you are: 

• Indigent and receiving specific public assistance; or 

• If not receiving public assistance, stating facts demonstrating an inability to pay because of indigence. 

 

You are NOT eligible to receive the $20.00 discount if you: 

• Have previously received discounted copies of public records from the Library twice during the calendar year; or 

• Are requesting information on behalf of other persons who are offering or providing payment to you to make the request. 

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VIII. May a nonprofit organization receive a discount on the fee? 

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A nonprofit organization advocating for developmentally disabled or mentally ill individuals that is formally designated by the state to carry out activities under subtitle C of the federal developmental disabilities assistance and bill of rights act of 2000, Public Law 106-402, and the protection and advocacy for individuals with mental illness act, Public Law 99-319, may receive a $20.00 discount if the request meets all of the following requirements in the Act: 

• Is made directly on behalf of the organization or its clients. 

• Is made for a reason wholly consistent with the mission and provisions of those laws under section 931 of the mental health code, 1974 PA 258, MCL 330.1931. 

• Is accompanied by documentation of its designation by the state, if requested by the public body. 

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IX. Appeal of a Denial of a Public Record 

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If you believe that all or a portion of a public record has not been disclosed or has been improperly exempted from disclosure, you may appeal to the Library Board by filing a written appeal of the denial with the office of the Library Board Chairperson. 

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The appeal must be in writing, specifically state the word "appeal," and identify the reason or reasons you are seeking a reversal of the denial. 

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The Library Board is not considered to have received a written appeal until the first regularly scheduled Library Board meeting following submission of the written appeal. Within 10 business days of receiving the appeal the Library Board will respond in writing by: 

• Reversing the disclosure denial; 

• Upholding the disclosure denial; or 

• Reverse the disclosure denial in part and uphold the disclosure denial in part. 

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Whether or not you submitted an appeal of a denial to the Library Board, you may file a civil action in Clinton County Circuit Court within 180 days after the Library's final determination to deny your request. If you prevail in the civil action the court will award you reasonable attorneys' fees, costs and disbursements. If the court determines that the Library acted arbitrarily and capriciously in refusing to disclose or provide a public record, the court shall award you damages in the amount of $1,000. 

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X. Appeal of an Excess FOIA Processing Fee 

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If you believe that the fee charged by the Library to process your FOIA request exceeds the amount permitted by state law, you must first appeal to the Library Board by filing a written appeal for a fee reduction to the Library Board President. The appeal must specifically state the word "appeal" and identify how the required fee exceeds the amount permitted. 

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The Library Board is not considered to have received a written appeal until the first regularly scheduled Library Board meeting following submission of the written appeal. Within 10 business days after receiving the appeal, the Library Board will respond in writing by: 

• Waiving the fee; 

• Reducing the fee and issue a written determination indicating the specific basis that supports the remaining fee; 

• Upholding the fee and issue a written determination indicating the specific basis that supports the required fee; or 

• Issuing a notice detailing the reason or reasons for extending for not more than 10 business days the period during which the Library Board will respond to the written 

• appeal. 

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Within 45 days after receiving notice of the Library Board's determination of the processing fee appeal, you may commence a civil action in Clinton County Circuit Court for a fee reduction. If you prevail in the civil action by receiving a reduction of 50% or more of the total fee, the court may award all or an appropriate amount of reasonable attorneys' fees, costs and disbursements. If the court determines that the Library acted arbitrarily and capriciously by charging an excessive fee, the court may also award you punitive damages in the amount of $500. 

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