Foia Policy

4) The actual total incremental cost of duplication or publication, not including
labor, of paper copies of public records, as provided in Section 4(1)(d) of the Act;
5) The cost of labor directly associated with duplication or publication, including
making paper copies, making digital copies, or transferring digital public records
to be given to the requesting person on non–paper physical media or through the
Internet or other electronic means as stipulated by the requesting person as
provided in Section 4(1)(e) of the Act; and
6) The actual cost of mailing for sending a public record in a reasonably economical
and justifiable manner as provided in Section 4(1)(f) of the Act.
Labor costs will be calculated based on the following requirements:
• 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 labor charge.
• Charges for labor costs will be determined by using the hourly wages of the
lowest paid public body employee capable of performing the work in the
particular instance regardless of who actually performed the labor, as provided in
the Act.
• Overtime wages will not be included in labor costs unless agreed to by the
requesting person and the overtime wages are clearly noted on the Detailed Cost
Itemization (Attachment B).
• Labor costs will 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 if it clearly notes the
percentage multiplier on the Detailed Cost Itemization (Attachment B) but in no
case shall the Library charge more than the actual cost of fringe benefits. If the
Library includes the website address for a public record in its written response to
the requesting person and the requesting person thereafter requests that the public
record be provided to him or her in a paper format or non–paper physical media,
the Library shall provide the public records in the specified format but may use a
fringe benefit multiplier greater than 50% not to exceed the actual costs of
providing the information in the specified format as provided in Section 4(5) of
the Act. Overtime costs will not be used to calculate the fringe benefit cost.
• Any public records available to the general public on the Library’s website at the
time a request is made are exempt from charges for labor costs for separating and
deleting of exempt information.
• The Library shall not charge for labor directly associated with redaction under
Section 14 of the Act if the Library knows or has reason to know that it previously
redacted the public record in question and the redacted version is still in the
Library’s possession.

The cost to provide paper copies of records will be based on the following requirements:
• The cost of paper copies will be calculated as a total cost per sheet of paper and
shall be itemized on Detailed Cost Itemization (Attachment B). The cost of paper
copies of public records made on standard letter size (8–1/2 by 11”) or legal size
(8–1/2 by 14”) paper will be $0.10 per sheet of paper. Copies for non–standard or
legal size sheets of paper will reflect actual cost of duplication.
• The Library shall utilize the most economical means available for making copies
of public records, including using double–sided printing, if cost saving and
available.
The cost to provide records on non–paper physical media when stipulated by the
requesting person will be based on the following requirements:
• Computer discs, computer tapes or other digital or similar media will be at actual
and most reasonably economical cost for the non–paper media.
• The requirement to provide records on non–paper physical media will not apply if
the Library lacks the technological capability necessary to provide the public
record on the non–paper physical media stipulated in the particular instance.
• In order to ensure the integrity and security of the Library’s technological
infrastructure, the Library will procure any requested non–paper media and will
not accept non–paper media from the requesting person.
The cost to mail records to a requesting person will be based on the following
requirements:
• The actual cost to mail copies of public records using a reasonably economical
and justified means.
• The Library will not charge for expedited shipping or insurance unless
specifically stipulated by the requesting person but the Library may charge the
least expensive form of postal delivery confirmation.
The FOIA Coordinator will only charge a fee for the cost involved with searching for,
examining, or reviewing a public record, and the deletion and separation of exempt from
nonexempt information, when such activities will result in an unreasonably high cost to the
Library, as determined by the FOIA Coordinator. The fee may include the cost of labor for
searching for, examining, or reviewing a public record, and the deletion and separation of
exempt from nonexempt information, in response to a request for the inspection of a public
record or a request for copies of a public record as permitted by FOIA. In determining what is an
unreasonably high cost to the Library, the FOIA Coordinator shall consider the following factors
on a case–by–case basis:
• Volume of public records requested;
• The time frame for the public records requested;
• Complexity of searching for, examining, reviewing a public record, and the
deletion and separation of exempt from non–exempt information;

• The need to search for, examine, and review public records from different
departments or offices of the Library;
• The anticipated hours of labor;
• The available staffing for responding to the request;
• The extent to which the particular request incurs costs greater than the costs
incurred for the typical or usual request received by the Library.
• Any other similar factors designated as applicable by the FOIA Coordinator.
A public record search shall be made and a copy shall be furnished without the charge for
the first $20.00 of the fee for each request by either of the following:
• An individual who submits an affidavit stating that the person is indigent and
receiving specific public assistance or, if not receiving specific public assistance,
stating facts showing an inability to pay the cost because of indigency. If the
requesting person is eligible for a requested discount, the FOIA Coordinator shall
fully note the discount on the detailed itemization described in the Detailed Cost
Itemization (Attachment B). If a requesting person is ineligible for the discount,
the FOIA Coordinator shall inform the requesting person specifically of the
reason for ineligibility in the FOIA Coordinator’s written response. An individual
is ineligible for this fee reduction if any of the following apply:
o The individual has previously received discounted copies of public records
from the Library twice during that calendar year.
o The individual requests the information in conjunction with outside parties
who are offering or providing payment or other remuneration to the
individual to make the request. The FOIA Coordinator may require a
statement by the requesting person in the affidavit that the request is not
being made in conjunction with outside parties in exchange for payment or
other remuneration.
• A nonprofit organization formally designated by the State of Michigan to carry
out activities under subtitle C of the 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, or their successors, if
the request:
o Is made directly on behalf of the organization or its clients;
o 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; and
o Is accompanied by documentation of its designation by the State of
Michigan, if requested by the FOIA Coordinator.

In either the Library’s initial response or subsequent response to a FOIA request under
Section 5(2)(d) of the Act, the Library may require a good–faith deposit from the requesting
person before providing the public records if the entire fee estimate or charge authorized under
Section 4 of the Act exceeds $50, based on a good–faith calculation of the total fee. The deposit
shall not exceed ½ of the total estimated fee, and the Library’s request for a deposit shall include
a detailed itemization on the Detailed Cost Itemization (Attachment B). The Library’s response
shall also contain a best efforts estimate by the Library regarding the time frame it will take the
Library to comply with the Act in providing the public records to the requesting party. If the
Library does not respond in a timely manner as described in section 5(2) of the Act, it is not
relieved from its requirements to provide proper fee calculations and time frame estimates in any
tardy responses.
If the Library has not been paid in full the total fees for copies of public records that the
Library has made available to an individual, the Library may require a deposit of up to 100% of
the estimated fee before the FOIA Coordinator begins a full public record search for any
subsequent written request from that individual if all of the following apply:
• The final fee for the prior written request was not more than 105% of the
estimated fee.
• The public records made available contained the information being sought in the
prior written request and are still in the Library’s possession.
• The public records were made available to the individual, subject to payment,
within the time frame estimate described in the prior request.
• 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.
• The FOIA Coordinator calculates a detailed itemization on Attachment B
(Detailed Cost Itemization) that is the basis of the current written requests’
increased fee deposit.
The Library will no longer require an increased estimated fee deposit from an individual
as provided above if any of the following apply:
• The individual is able to show proof of prior payment in full to the Library.
• The Library is subsequently paid in full for the applicable prior written request.
• 365 days have passed since the individual made the written request for which full
payment was not remitted to the Library.
The Library has limited in–house capabilities for copying photographs, audio or video
tapes, microforms, maps, or plans. If a person requests that copies be made of these or large
documents which must be copied off–site, the FOIA Coordinator will determine and assess those
costs. If an officer or employee of the Library is required to deliver and/or pick up the public
records and/or copies of public records, the labor hours spent and applicable mileage (at Library
rates) will also be applied to the charges of the person(s) requesting the public records.

If the Library does not employ a person or firm capable of separating and deleting
exempt from non–exempt information, the Library may use contracted persons or firms to
perform this task. In such case, the Library may treat the necessary contract labor costs in the
same manner as employee labor costs if the FOIA Coordinator clearly notes the name of the
contracted person or firm in Attachment B (Detailed Cost Itemization) provided that the total
contracted labor costs will not exceed six (6) times the State of Michigan hourly minimum wage.
Contracted persons or firms may include attorneys who are required to separate and delete
exempt from non–exempt information.
Charges for labor costs shall be reduced by 5% for each day that the Library exceeds the
time permitted in responding to a FOIA request under Section 5(2) of the Act, up to a 50%
maximum reduction, if either of the following applies:
• The late response was willful and intentional; or
• The written request, within the first 250 words of the body of a letter, facsimile,
electronic mail, or electronic mail attachment, or specifically included the words,
characters, or abbreviations for “freedom of information”, “information”,
“FOIA”, “copy” or a recognizable misspelling of such, or legal code reference to
MCL 15.231 et seq. or 1976 Public Act 442 on the front of an envelope or in the
subject line of an email, letter, or facsimile cover page.
If such a reduction is required for a late response, the FOIA Coordinator shall fully note the
reduction on Attachment B (Detailed Cost Itemization).
The FOIA Coordinator shall not charge additional fees for certification of any copies.
A person who has subscribed to future issuances of regularly published public records
pursuant to Section 3(1) of the Act may request that the public record, be sent to them or they
may be called for pickup of the public record provided, however, that copy fees and mailing
charges for such public records must be paid before the requested public record is sent or picked
up by the person.
SECTION 5 – PROCEDURES OF THE PUBLIC BODY
IN PROCESSING A FOIA REQUEST
After a person has made a written request for a public record in accordance with the Act,
the FOIA Coordinator shall respond within five (5) business days after its receipt. A written
request made by facsimile, electronic mail, or other electronic transmission is not considered
received by the FOIA Coordinator until one (1) business day after the electronic transmission is
made, as provided in the Act. A written request sent by email and delivered to the Library’s
spam or junk folder is not considered received by the Library until one (1) day after it first
becomes aware of the written request. The Library will note in its records both the time a written
request is delivered to its spam or junk mail folder and the time that it first becomes aware of that
request.
A person making a written request for a public record may stipulate that the public
records be provided on non–paper physical media, electronically mailed, or otherwise
electronically provided to him or her in lieu of paper copies. This requirement shall not apply if

the Library lacks the technological capability necessary to provide records on the particular non–
paper physical media stipulated in the particular instance. If public records are provided on non–
paper physical media, electronically mailed or otherwise electronically provided in lieu of paper
copies as stipulated by the person making the request, the Library may charge more than the 50%
fringe benefit multiplier (not to exceed actual cost) as provided in Section 4(5) of the Act.
If a verbal request is made for information that a Library employee believes is available
on its website, the employee shall, where practicable and to the best of the employee’s
knowledge, inform the requesting party about the Library’s website address.
Where a written request is received which does not sufficiently describe the public
records requested so as to enable the FOIA Coordinator to identify and find the public record,
FOIA Coordinator will notify the requesting person of the need for a clarification. Such notice,
if sent, shall not be interpreted as a denial of the request for purposes of the Act or these
Procedures & Guidelines. Any clarification will be considered a new FOIA request subject to
the timelines described in this Section and the Act.
The FOIA Coordinator will process written requests for a public record by responding
within five (5) business days of receipt in one of the following five ways:
1) Grant the request.
If the request indicates that the person desires to inspect the public records, the FOIA
Coordinator will contact the person to arrange for inspection at a reasonable time during
normal office hours.
If the request indicates that the person is requesting copies of a public record, the FOIA
Coordinator will forward notification to the requesting person indicating the amount due
and where the documents may be released upon payment of the applicable fees.
However, if the request is estimated to generate entire fees of $50 or more, the FOIA
Coordinator may require fifty percent (50%) of the estimated charges be deposited in
advance of the processing of the request provided, however, that in the request for the
deposit, the FOIA Coordinator shall include a detailed itemization of the estimated fees
(using Attachment B/Detailed Cost Itemization) and a “best efforts” estimate of a
nonbinding time frame for providing the public records. The FOIA Coordinator will not
process the request unless and until the deposit is made. The balance of the fees must be
paid prior to release of documents.
2) Issue a written notice denying the request. The FOIA Coordinator may use the
form attached as Attachment D for this purpose. The notice of the denial shall
include:
• an explanation as to why the requested public record is exempt from
disclosure in accordance with the Act, or
• a certificate that the requested public record does not exist under the name
given by the requesting person or by another name reasonably known to
the Library, or
• a description of a public record or information which had to be separated

10
or deleted from the public record pursuant to Section 14 of the Act.
• In addition to the explanations noted above, the denial shall also include a
full explanation of the person’s right to appeal the denial to the Library
Board and to seek judicial review in accordance with Section 10 of the
Act.
3) Grant the request in part, and issue a written notice denying the request in part. In
the latter instance, the public records exempted from disclosure shall be treated as
in subsection (2) above.
4) Issue a written notice extending the time in which to respond to the request by ten
(10) business days. The FOIA Coordinator may use the form attached as
Attachment C for this purpose. The notice will specify the reasons for the
extension and the date by which the Library will grant the request, deny the
request, or grant in part and deny in part the request. The Library shall not issue
more than one such notice of extension for a particular request.
5) Issue a written notice indicating that all or a portion of a requested public record
is available at no charge on the Library’s website. To the degree practicable, the
written response shall include a specific webpage address where the requested
information is available. On Attachment B (Detailed Cost Itemization), the
FOIA Coordinator shall separate the requested public records that are available
on the Library’s website from those that are not available on the website and shall
inform the requesting party of the additional charge to receive copies of the public
records that are available on its website. If the Library has included the website
address for a public record in its written response to the requesting person and the
requesting person thereafter stipulates that the public record be provided to him or
her in a paper format or non–paper physical media, the Library shall provide the
public records in the specified format but may use a fringe benefit multiplier
greater than 50% not to exceed the actual costs of providing the information in the
specified format as provided in Section 4(5) of the Act.
Failure to respond to a written request in a timely manner as required by Section 5(2) of the
Act constitutes a denial of the request if either of the following apply:
• The failure was willful and intentional; or
• the written request included language that conveyed a request for
information within the first 250 words of the body of a letter, facsimile,
electronic mail, or electronic mail attachment, or specifically included the
words, characters, or abbreviations for “freedom of information”,
“information”, “FOIA”, “copy”, or a recognizable misspelling of such, or
appropriate legal code reference to the Act, on the front of an envelope or
in the subject line of an electronic mail, letter, or facsimile cover page.
A copy of these Procedures & Guidelines and the written public summary of these
Procedures & Guidelines shall be furnished free of charge to the requesting party in response to a
written FOIA request and upon request by visitors at Library Building. In lieu of providing
paper copies of the Procedures & Guidelines and the written public summary thereof in response

to a written FOIA request, the FOIA Coordinator may include the Library website link to the
Procedures & Guidelines and the written public summary of the Procedures & Guidelines.
SECTION 6 – PROCEDURES FOR SEPARATION OF RECORDS
If a request is made for an existing public record that includes information which is
exempt from disclosure under the Act and information which is not exempt, the FOIA
Coordinator must separate the material and make the nonexempt material available for inspection
and copying. As provided in Section 4 of these Procedures & Guidelines, the FOIA Coordinator
may use contracted persons or firms to separate and delete exempt from non–exempt information
if the Library does not employ a person or firm capable of performing this task. Additionally, if
the separation is readily apparent to a person requesting to inspect or receive copies, the FOIA
Coordinator shall generally describe the material exempted unless doing so would reveal the
contents of the exempt information and thus defeat the purpose of the exemption.
SECTION 7 – FOIA COORDINATOR
The FOIA Coordinator shall be responsible to accept and process requests for public
records and approve denials in accordance with Sections 5(4) and (5) of the Act.
SECTION 8 – APPEALS–DENIALS
In accordance with the Act, where a person’s request for a public record is denied, in
whole or in part, the person shall be entitled to file a written appeal on the decision in accordance
with the following process:
• The person shall be advised by the FOIA Coordinator of the right to file a written
appeal to the Library Board as “the head of the public body” which shall
specifically state the word “appeal” and identify the reason(s) for reversal of the
denial. The person making the appeal may use the form attached as Attachment E.
• The Library Board is not considered to have received a written appeal until the
first regularly scheduled meeting of the Library Board following submission of
the written appeal.
• In its consideration of any written appeal, the Library Board shall review the
materials submitted by the appellant, any written comments received from the
FOIA Coordinator, any other information as the Library Board deems necessary,
and within ten (10) business days after receiving the written appeal as provided
above, take one of the following actions:
o reverse the disclosure denial, or
o issue a written notice to the requesting person upholding the disclosure
denial, or
o reverse the disclosure denial in part and issue a written notice to the
requesting person upholding the denial in part, or

o under unusual circumstances, issue a notice extending for not more than
ten (10) business days the period during which the Library Board will
respond to the written appeal. The Library Board shall not issue more
than one notice of extension for a particular written appeal.
Whether or not a person has submitted an appeal under this Section, the person may
choose to commence an action in the Circuit Court to compel the Library’s disclosure of public
records as provided in Section 10 of the Act.
SECTION 9–APPEALS–FEES
If a requesting person believes that the Library is requiring a fee that exceeds the amount
permitted under these Procedures & Guidelines or Section 4 of the Act, the requesting person
may submit to the Library Board as the “head of the public body” a written appeal for a fee
reduction that specifically states the word “appeal” and identifies how the required fee exceeds
the amount permitted. The person making the appeal may use the form attached as Attachment
F. The Library Board is not considered to have received a written appeal until the first regularly
scheduled meeting of the Library Board following submission of the written appeal.
Within 10 business days after receiving a written appeal challenging fees, the Library
Board shall do one of the following:
• Waive the fee.
• Reduce the fee and issue a written determination to the requesting person
indicating the specific basis under Section 4 of the Act that supports the
remaining fee. The determination shall include a certification from the Library
Board that the statements in the determination are accurate and that the reduced
fee amount complies with these Procedures & Guidelines and Section 4 of the
Act.
• Uphold the fee and issue a written determination to the requesting person
indicating the specific basis under Section 4 of the Act that supports the required
fee. The determination shall include a certification from the Library Board that
the statements in the determination are accurate and that the fee amount complies
with these Procedures & Guidelines and Section 4 of the Act.
• Issue a notice extending for not more than 10 business days the period during
which the Library Board must respond to the written appeal. The notice of
extension shall include a detailed reason or reasons why the extension is
necessary. The Library Board shall not issue more than 1 notice of extension for a
particular written appeal.
Within 45 days after receiving notice of the Library Board’s determination of an appeal
regarding fees under this Section or the Library Board’s failure to act timely on the appeal as
required by Section 10a(2) of the Act, the person who filed the appeal may commence a civil
action as provided in Section 10a of the Act. If a civil action is commenced against the Library
under this Section, the Library is not obligated to complete the processing of the written request
for the public record at issue until the court resolves the fee dispute.

As used in this Section, “fee” means the total fee or any component of the total fee
calculated under Section 4 of the Act, including any deposit.
SECTION 10–INTERPETATION AND EFFECTIVE DATE
These Procedures & Guidelines are intended to fully comply with the Act. In the event
of any inadvertent inconsistency between the Act and these Procedures & Guidelines, the Act
shall control.
These Procedures & Guidelines shall become effective as of July 1, 2015.
SECTION 11 – FORMS
The following forms attached hereto are incorporated into these Procedures &
Guidelines:
Attachment A FOIA Request for Public Records Form
Attachment B Detailed Cost Itemization
Attachment C Notice to Extend Time for a FOIA Request
Attachment D Notice of Denial of FOIA Request
Attachment E FOIA Appeal Form–To Appeal of a Denial of
Records
Attachment F FOIA Appeal Form–To Appeal an Excess Fee
The FOIA Coordinator may use the forms in substantially the form attached as
Attachments A through F in processing FOIA requests. The FOIA Coordinator may modify the
forms attached as Attachments A through F as necessary or appropriate to conform the forms to
these Procedures & Guidelines or the Act or to otherwise improve the forms for use by the FOIA
Coordinator and the public