FREEDOM OF INFORMATION ACT (FOIA) POLICY, PROCEDURES AND
GUIDELINES
The Michigan Freedom of Information Act (FOIA) provides that all persons, except
those persons incarcerated in state or local 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. The following policy,
including procedures and guidelines, has been adopted by the Mecosta Osceola Transit
Authority (MOTA) to comply with the Michigan Freedom of Information Act.
FOIA requests shall be in writing and a FOIA Request for Information Form is available
for this purpose. The request must sufficiently describe the public record to enable the
FOIA Coordinator to identify the requested public record and must be signed by the
person requesting the public record.
Upon receipt of a FOIA request, the request shall be date and time stamped and times
calculated for response.
The employee receiving the written request, after recording the date and time received
on the request, shall promptly forward the request to the FOIA Coordinator, which shall
make an initial determination concerning the request.
1. All requests shall be referred to the FOIA Coordinator within one (1) business
day of receipt.
2. All requests shall be responded to by the FOIA Coordinator within five (5)
business days of receipt of the request.
All personal and private information shall be redacted from the materials being furnished
prior to their release. The redacted information includes, but is not limited to: driver
license number, street address, date of birth, social security number, and telephone
number. This information shall be redacted to protect the individual's right to privacy, as
such information may be required by MOTA, but is furnished with the expectation that
only MOTA shall have the right to access and use it. Under some circumstances the
FOIA Coordinator may determine that some of this redacted information can be
furnished, but only upon written request, or by order of a court of competent jurisdiction.
Requests submitted to the FOIA Coordinator shall be date and time stamped upon
receipt. The FOIA Coordinator shall review the request, and issue a written response to
the requesting party within the time proscribed, doing one of the following:
1.
2.
3.
4.
Granting the request.
Denying the request.
Granting the request in part and denying the request in part.
Extending for not more than ten (10) business days the period during which
MOTA shall respond to the request. Only one (1) notice of extension for a
particular request may be issued.
The FOIA Coordinator shall keep written requests on file for one (1) year.
Failure to respond to the request constitutes a denial of the request.
Responses to FOIA requests shall contain the statutory language as set forth in the
notice attached, and shall include a copy of this policy, including procedures and
guidelines, and a written summary of the procedures as required by the Act.
MOTA shall furnish the requesting person with a reasonable opportunity for inspection
and examination of public records and furnish reasonable facilities for making
memoranda or abstracts from public records available during normal business hours.
The FOIA Coordinator shall provide a certified copy of a public record if a person
requests the same in writing. Neither MOTA nor the FOIA Coordinator is obligated to
create a record, list, compilation, or summary of information that does not already exist.
This includes analyzing, compiling, or summarizing existing information into a new
format. Neither MOTA nor the FOIA Coordinator is obligated to provide answers to oral
or written questions.
If the requested public records are available on MOTA’s website, MOTA may satisfy the
request by referring the requesting party to the website address/location in lieu of
producing records. If MOTA receives a verbal request for information contained on its
website, MOTA will provide the requesting party the website address/location.
Any person examining public records shall bring to the examination only an erasable
pencil with which to make notes or lists. No pens or indelible writing instruments are
allowed. No notes or writing of any kind shall be made on the documents themselves. In
the event the inspection is of the original records, MOTA shall provide a monitor to
ensure protection of the public records. In order to defray the cost to MOTA of having
the records review monitored by MOTA personnel, a fee shall be paid to MOTA for
personnel time as provided for elsewhere in this Policy.
MOTA shall charge and receive a fee for a search of public records, for inspection of
public records, and for providing a copy of public records, as provided by law. A
detailed itemization of all charges associated with the processing of a FOIA request
shall be provided to the requesting party according to the following schedule:
1. Labor costs associated with searching for, locating and examining public records
(Section 4(1)(a)). MOTA shall not charge more than the hourly wage of the
lowest paid MOTA employee capable of searching for, locating and examining
public records in conjunction with receiving and fulfilling a granted written request
in the particular instance. The lowest paid MOTA employee hourly wage will be
used regardless of whether that person is available or who actually performs the
labor. Labor costs will be calculated in increments of fifteen (15) minutes or more
with partial time increments rounded down. Labor costs will only be charged if the
failure to charge such costs would result in an unreasonably high cost to MOTA
because of the nature of the request and MOTA specifies the nature of the
unreasonably high costs.
MOTA may also charge the actual cost or partial cost of fringe benefits, but those
fringe benefit costs will not exceed fifty percent (50%) of the applicable labor
charge. MOTA will clearly note the percentage multiplier used on the detailed
itemization sheet. Overtime wages will not be charged unless agreed to by the
requesting party and will not be included in fringe benefit calculations.
2. Labor costs associated with separating and deleting non-exempt information
from exempt information (Section 4(1)(b)). MOTA shall not charge more than the
hourly wage of the lowest paid MOTA employee capable of deleting exempt
information from non-exempt information in the particular instance, which would
include redacting documents. The lowest paid MOTA employee hourly wage will
be used regardless of whether that person is available or who actually performs
the labor. Labor costs will be calculated in increments of fifteen (15) minutes or
more with partial time increments rounded down. Labor costs will only be
charged if the failure to charge such costs would result in an unreasonably high
cost to MOTA because of the nature of the request and MOTA specifies the
nature of the unreasonably high costs.
MOTA may also charge the actual cost or partial cost of fringe benefits, but those
fringe benefit costs will not exceed fifty percent (50%) of the applicable labor
charge. MOTA will clearly note the percentage multiplier used on the detailed
itemization sheet. Overtime wages will not be charged unless agreed to by the
requesting party and will not be included in fringe benefit calculations.
If MOTA does not employ a person capable of separating the exempt and nonexempt information, the FOIA Coordinator (on a case-by-case basis) may treat
contracted costs (for example, consultants or attorneys) in the same manner as
employee costs. The detailed itemization will clearly note the name of the person
or firm and the labor costs shall not exceed six (6) times the state hourly
minimum wage. MOTA will not charge this particular fee if it knows or has reason
to know that it previously redacted the public record and still has the redacted
version.
3. Labor costs associated with duplication, including making paper and digital
copies (Section 4(1)(e)). MOTA may charge the labor costs directly associated
with the duplication or publication, making digital or paper copies or transferring
digital public records on non-paper physical media or by e-mail. The format is
stipulated by the requesting party. MOTA shall not charge more than the hourly
wage of the lowest paid MOTA employee capable of the publication and
duplication in the particular instance. The lowest paid MOTA employee hourly
wage will be used regardless of whether that person is available or who actually
performs the labor. Labor costs will be calculated in increments of fifteen (15)
minutes or more with partial time increments rounded down.
MOTA may also charge the actual cost or partial cost of fringe benefits, but those
fringe benefit costs will not exceed fifty percent (50%) of the applicable labor
charge. MOTA will clearly note the percentage multiplier used on the detailed
itemization sheet. Overtime wages will not be charged unless agreed to by the
requesting party and will not be included in fringe benefit calculations.
4. Costs for duplication not including labor (Section 4(1)(d)). For paper copies, the
actual incremental cost of necessary duplication or publication will be charged up
to ten cents ($.10) per sheet for 8.5x11 or 8.5x14 sheets regardless of whether it
is one sided or two sided. The detailed itemization will clearly note the cost for
paper copies, the cost per sheet and the number of pages provided. MOTA will
use the most economical copying means available, including making two sided
copies.
5. Costs for copies provided on non-paper physical media such as CD’s or flash
drives (Section 4(1)(c)). For requests provided on non-paper physical media,
MOTA will charge the actual and the most reasonably economical cost of the
computer discs, computer tapes or other digital or similar media. The requesting
party may ask MOTA to send the records by email, on a flash drive or other nonpaper physical media instead of paper copies. However, MOTA is not required to
apply this section if it lacks the “technological capability” necessary to comply
with the request.
6. Cost of mailing (Section 4(1)(f)). For mailing costs, MOTA will charge the actual
cost of sending the documents, using the least expensive method. MOTA will
neither provide nor charge for expedited shipping or insurance unless the
requesting party asks for either or both services.
The FOIA Coordinator shall require that all charges associated with the processing of a
FOIA request be paid in full before releasing any public records to an individual who has
unpaid charges associated with the processing of a prior FOIA request.
MOTA may require a good faith deposit, not to exceed half (½) of the total estimated
costs, if the total costs are expected to exceed fifty dollars ($50) before providing the
public records. The request for the deposit shall include a detailed itemization of the
costs. The response shall also contain a “best efforts estimate” by MOTA regarding the
time frame it will take MOTA to provide the public records. The time frame is not binding
upon MOTA but it will strive to be reasonably accurate and provide the public records in
a manner based on the public policy of FOIA.
Fees may be reduced or waived by the FOIA Coordinator if the waiver or reduction is in
the public interest because the request will primarily benefit the general public.
Fees may be waived by the FOIA Coordinator up to the first $20 for each individual
entitled, if the individual is on public assistance. Fees may be waived upon a showing
of other factors showing inability to pay. All such requests shall be in writing and shall
be sworn to by the person requesting the waiver.
Decisions made by the FOIA Coordinator under this Policy may be appealed in writing
to the MOTA Board of Directors (Board). Decisions of the Board may be appealed to
any court of competent jurisdiction.
The Executive Director of MOTA is hereby designated to be the FOIA Coordinator for
MOTA.