Michigan Freedom of Information Act
The law is yours.
Learn how to use it.
Michigan's FOIA was enacted in 1976 to guarantee that every person has access to public records. It applies to every state and local agency. It has real teeth. And most people have no idea it exists.
Public records belong to the public.
Every document created or maintained by a public agency in Michigan is presumed to be open for inspection. The burden is on the government to prove why something should be withheld, not on you to prove why you should see it.
This page breaks down exactly what the law guarantees, so the next time an agency tells you “no,” you know they are wrong.
What the law guarantees
Eight rights you have right now.
These are not suggestions. They are state law. Every public agency in Kalamazoo is bound by them.
You can request any public record.
All persons 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. You do not need to give a reason. You do not need to explain yourself. The right is automatic.
You do not need to identify yourself.
Michigan law does not require you to provide identification to inspect public records. You only need to provide a name and contact information if you want copies mailed or emailed to you.
They have 5 business days to respond.
A public body must respond to your request within 5 business days of receiving it. They can grant it, deny it, or request a single 10 day extension. But they must respond. Silence is not an option the law allows.
Electronic records emailed to you cost $0.
If the records you request exist in an electronic format and can be sent by email without separating exempt material, the public body cannot charge you a fee. The law is clear: public data delivered electronically is free.
A missed deadline means they lose all exemptions.
If a public body fails to respond within the legal timeframe, they forfeit the right to claim any exemption on that request. Everything you asked for must be disclosed. The law rewards you for their delay.
You can take them to court.
If a public body denies your request or simply ignores it, you have the right to file a civil action in Circuit Court to compel disclosure. You do not need a lawyer to file, though one helps.
If you win, they pay your legal fees.
When a court finds that a public body violated FOIA, the court shall award reasonable attorney fees, costs, and disbursements. The agency pays, not you.
Repeat violators face escalating penalties.
A court can impose $1,000 in punitive damages for a single willful violation. If the court finds a pattern of violations, that penalty increases to $7,500. The law is designed to make noncompliance expensive.
“All persons are entitled to full and complete information regarding the affairs of government.”
MCL 15.231(2)
The very first line of Michigan's FOIA statute
Common misconceptions
What they tell you vs. what the law says.
“You need a reason to request records.”
You do not. Michigan FOIA grants the right to every person without requiring justification of any kind.
“It costs money to get public records.”
Electronic records emailed to you are free under MCL 15.234. Paper copies have a small per page fee, but inspection is always free.
“They can just ignore your request.”
Ignoring a FOIA request is a violation of state law. You can sue in Circuit Court, and if you win, they pay your legal fees.
“Only journalists can file FOIA requests.”
Any person can file. Residents, students, business owners, anyone. The law makes no distinction.
“They can charge whatever they want.”
Fees are strictly limited by statute. Labor is billed at the lowest paid employee's rate. Search and review fees are waived unless charging them would cause unreasonably high costs to the agency.
“If they say no, there is nothing you can do.”
You can appeal the denial to the head of the public body. If that fails, you can file suit in Circuit Court. The law gives you multiple paths to fight back.
Take action
How to file a FOIA request yourself.
You do not need a lawyer. You do not need special forms. Here is how to do it.
Write your request
Describe the records you want as specifically as possible. Include dates, types of records, and the department. Put "FOIA Request" in the subject line.
Send it
Email is fastest. For City of Kalamazoo agencies, send to FOIA@kalamazoocity.org. For county agencies, use the GovQA portal at kalamazoocountymi.govqa.us.
Mark your calendar
The agency has 5 business days from the day after they receive your request. If they ask for an extension, they get 10 more business days, one time only.
Know your next move
If they deny your request, ask for a written explanation citing the specific exemption. If they miss the deadline, they lose all exemptions. If they refuse, you can file suit.
Now you know.
The next time a public agency in Kalamazoo tells you that you cannot have something that belongs to you, you will know exactly what to say and exactly what to do.