To: Board of County Commissioners
From: Joshua Freeman, Director of Administration
title
RE: Consideration of a Freedom of Information Act appeal
recommendation
BOARD ACTION REQUESTED:
On Corporation Counsel’s advice, the Board of Commissioners should deny this Freedom of Information Act (“FOIA”) appeal and uphold the disclosure denial.
BACKGROUND:
An individual submitted a request under the Michigan Freedom of Information Act (“FOIA”) for records from the Genesee County Friend of the Court. The request was denied because, under the FOIA, the judiciary is specifically exempted from the definition of “public body.” In other words, the Friend of the Court, being part of the judiciary, is not subject to FOIA requests. Likewise, court records are not “public records” under FOIA. Therefore, the denial was proper under FOIA.
DISCUSSION:
This FOIA appeal should be denied because the Friend of the Court, as part of the judiciary, is not a public body under FOIA and is not subject to FOIA requests. Likewise, court records are not “public records” under FOIA. The denial was proper, and this appeal should be denied.
Furthermore, this Board lacks any legal authority to order a non-public body (the Friend of the Court) to disclose non-public records (Friend of the Court records) even if it wanted to.
IMPACT ON HUMAN RESOURCES:
IMPACT ON BUDGET:
IMPACT ON FACILITIES:
IMPACT ON TECHNOLOGY:
CONFORMITY TO COUNTY PRIORITIES:
resolution
TO THE HONORABLE CHAIRPERSON AND MEMBERS OF THE GENESEE COUNTY BOARD OF COMMISSIONERS, GENESEE COUNTY, MICHIGAN
LADIES AND GENTLEMEN:
WHEREAS, Dustin Ondovcsik submitted a Freedom of Information Act (“FOIA”) request to the Genesee County FOIA Specialist asking for Genesee County Friend of the Court (“FOC”) records; and
WHEREAS, the request for those records was denied on the basis that the FOC is exempt from the requirements of FOIA because the judiciary is specifically exempted from the definition of public body; and
WHEREAS, Mr. Ondovcsik has appealed the denial of his request.
NOW, THEREFORE, BE IT RESOLVED, that this Board of County Commissioners of Genesee County, Michigan, hereby denies Mr. Ondovcsik’s appeal of his FOIA request denial, upholds the disclosure denial, dismisses the appeal, and directs that Mr. Ondovcsik receive written notice of this Board’s determination regarding his appeal.