7070 E. Ten Mile Road
Center Line, MI 48015
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City of Center Line
Freedom of Information Act
Procedures and Guidelines
Pursuant to Public Act 563 of 2014, the Michigan Freedom of Information Act (“FOIA”) was amended with an effective date of July 1, 2015. In accordance with the amendments to the FOIA, the following is the written public summary of the City of Center Line’s (the “City”) FOIA Procedures and Guidelines.
1. Submitting a FOIA Request to the City of Center Line
Note: if you are serving a sentence of imprisonment in a local, state, or federal correctional facility you are not entitle to submit a request for public records under FOIA.
2. The City of Center Line's Response to the FOIA Request
Within five (5) business days of receipt of a FOIA request the City will issue a response. If a request is submitted by facsimile or e-mail the request is deemed to have been received on the following business day. E-mail requests delivered to the FOIA Coordinator’s spam or junk-mail folder shall be deemed received one (1) day after the FOIA Coordinator becomes aware of the e-mail request, and such dates shall be noted in any response provided.
The City will respond to your request in one of the following ways:
If a request is granted, or granted in part, the City will ask that payment be made for any permissible fees associated with responding to the request before the public record is made available. If the costs of processing and responding to the request are expected to exceed $50.00, or if you have not paid for a previously granted request the City will require a good faith deposit prior to processing the request. Under certain circumstances, the City may require payment of any and all fees in advance prior to processing the request.
3. Fee Deposit Requirements
If the City has made a good faith calculation that the total fee for processing a FOIA request will exceed $50.00, the City will require that you provide a deposit in the amount of 50% of the total estimated fee, a detailed itemization of which shall be provided upon requesting the deposit. The City’s request for a deposit will also include a non-binding best efforts estimate of how long it will take to process the request upon receipt by the City of the required deposit.
If the City receives a written request from an individual or entity who has not paid the City for fees charged in connection with a previously granted FOIA request, the City will require a deposit of 100% of the estimated fee prior to processing the request when all of the following conditions exist:
The City will not require the 100% estimated fee deposit if any of the following apply:
4. Calculation of FOIA Processing Fees
A fee will not be charged for the cost of search, examination, review, and the deletion and separation of exempt from nonexempt information unless the failure to charge a fee would result in unreasonably high costs to the City because of the nature of the request in the particular instance, and the City identifies the nature of the unreasonably high costs.
In accordance with FOIA, the City may charge for the following six fee components when processing a FOIA request:
Non-Paper Physical Media
5. Qualifying for a Reduction of Fees
The City may waive or reduce the fee associated with a request if the City determines that a waiver or reduction of the fee is in the public interest because the release of information can be considered as primarily benefiting the general public.
The City will waive the first $20.00 of the processing fee for responding to a FOIA request if an affidavit its provided stating:
A requester is not eligible to receive the $20.00 waiver if:
The City will waive the fee for a nonprofit organization which meets all of the following conditions:
6. Challenges or Appeals
Appeal of a Denial of a Public Record
Appeal of an Excessive FOIA Processing Fee
If you believe that the fee charged by the City to process your FOIA request exceeds the amount permitted by state law, you must first submit a written appeal of the fee charged to City Council. The appeal must be in writing, specifically state the word “appeal”, and identify the basis for contesting the fee charged.
Within 10 business days after receiving the appeal, City Council will respond in writing by:
Within forty-five (45) days after receiving notice of the City Council’s determination of the processing fee appeal, you may commence a civil action in the Macomb County Circuit Court for a fee reduction.
Appeals received by City Council are not considered received until the first regularly scheduled meeting of City Council following submission of a written appeal.
This is only a summary of the City of Center Line’s FOIA Procedures and Guidelines and is provided for information purposes only. A copy of the City of Center Line’s FOIA Procedures and Guidelines is available at no charge at City Hall and on the City’s website here:
City of Center Line FOIA Procedures and Guidelines