Legal Question in Civil Litigation in Michigan
Is a Michigan township required to have a Freedom of Information Coordinator? I requested the name of the FOIA Coordinator from the Township and received a letter in the mail stating the township did not have one. I wrote to the Clerk, and she wrote back stating the township has multiple FOIA coordinators depending on the request.
15.236 FOIA coordinator.
15.232 Definitions.
2 Answers from Attorneys
Just ask the appropriate department for the information you are requesting under the Freedom of Information Act. Leave it to the municipality to decide how to comply. William S. Stern
You are correct that the township must "designate" a FOIA coordinator. This is required by statute so that the government officials can't just pass the blame claiming that someone else failed to respond to a FOIA.
I have litigated FOIA violations, and know how frustrating it is to get information from some townships that, for whatever reason, don't want you to obtain the documents. Some townships will avoid compliance. The township must have the lowest paid employee who is reasonably available to do the copying. The township may not charge you for time spent "looking" for the documents, unless it notifies you first that the documents are particulary difficult to locate, due to being in a warehouse etc.
If you have any other questions, or if you believe that your township is stonewalling you, please contact me via the information posted on this web site. If your township is refusing or failing to comply with state law, and you are entitled to the documents requested, the statutes require the township to pay your legal fees.
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