Public Records Policy

AP 123 Public Records Policy

Established 1-1-23

Approved 2-1-23

Revision Approval Date 12-14-2023

PURPOSE

The purpose of this policy is to implement the Michigan Freedom of Information Act (FOIA) MCL 15.231, and provide for the consistent and prompt handling of requests for the inspection and copying of public records at Sam Beauford Woodworking Institute (“SBWI”).

DEFINITIONS

A. A “record” is defined to include the following: A document in any format – paper, electronic (including, but not limited to business e-mail) - that is created, received by, or comes under the jurisdiction of SBWI that documents the organization, functions, policies, decisions, procedures, operations, or other activities of the office.

B. A “public record” is a “record” that is being kept by SBWI at the time a public records request is made, subject to applicable exemptions from disclosure under Michigan or federal law.

POLICY

A. It is the policy of SBWI to strictly adhere to Michigan’s Freedom of Information Act. SBWI’s public records will be organized and maintained so that they are readily available for inspection and copying.

1. All exemptions to openness are to be construed in their narrowest sense and any denial of public records in response to a valid request must be accompanied by an explanation, including legal authority, as outlined in the Michigan Revised Code. If the request is in writing, the explanation must also be in writing.

B. Public records. Michigan MCL 15.231 defines public records as any document – paper, electronic (including, but not limited to, e-mail), or other format – that is created or received by, or comes under the jurisdiction of a public office that documents the organization’s functions, policies, decisions, procedures, operations, or other activities of the office. All records of SBWI are public unless they are specifically exempt from disclosure under the Michigan Revised Code.

1. Public records do not include some medical records, trial preparation records, law enforcement investigatory records, intellectual property records, donor profile records, privileged communications, student educational records as defined by the Family Educational and Right to Privacy Act (20 USC §1237g), or other nonpublic records as defined by Section 149.43 of the Revised Code.

C. Records requests. Each request for public records will be evaluated for a response using the following guidelines:

1. Although no specific language is required to make a request, the requester must at least identify the records requested with sufficient clarity to allow the public office to identify, retrieve, and review the records. If it is not clear what records are being sought, the requester shall be contacted for clarification and informed of the manner in which the office keeps its records.

2. Generally, the requester does not have to put a records request in writing, and does not have to provide his or her identity or the intended use of the requested public record. It is SBWI’s general policy that this information is not to be requested. However, the law does permit SBWI to ask for a written request, the requester’s identity, and/or the intended use of the information requested, but only if: (1) a written request or disclosure of identity or intended use would benefit the requestor by enhancing SBWI’s ability to identify, locate, or deliver the public records that have been requested; and (2) the requester is first told that a written request is not required and that the requester may decline to reveal the requester’s identity or intended use.

3. Public records are to be available for inspection during regular business hours, with the exception of published holidays. Public records must be made available for inspection promptly. Copies of public records must be made available within a reasonable period of time. “Prompt” and “reasonable” take into account the volume of records requested; the proximity of the location where the records are stored; the necessity for any legal review and redaction of the records requested; and other facts and circumstances of the records requested.

4. Each request should be evaluated for an estimated length of time required to gather the records. Routine requests for records should be satisfied immediately if feasible to do so. Routine requests may include, but are not necessarily limited to, requests for meeting minutes (in both draft and final form), budgets, salary information, forms, and applications, personnel rosters, etc. If fewer than 20 pages of copies are requested or if the records are readily available in an electronic format that can be e-mailed or downloaded easily, these should be made as quickly as the equipment allows.

5. It is the goal of SBWI that all requests for public records should be acknowledged in writing or, if feasible, satisfied within five (5) business days following the office’s receipt of the request. If a request is deemed significantly beyond “routine,” such as seeking a voluminous number of copies or requiring extensive research, the acknowledgement may include the following:

A. An estimated number of business days it will take to satisfy the request.

B. An estimated cost if copies are requested

C. Any items within the request that are exempt from disclosure

6. Any denial of public records requested must include an explanation, including legal authority. If portions of a record are public and portions are exempt, the exempt portions are to be redacted and the rest released. If there are redactions, each redaction must be accompanied by a supporting explanation, including legal authority.

D. Costs for Public Records. Those seeking public records will be charged only the actual cost of making copies.

The Administration Office shall determine the cost of making copies on an annual basis.

1. The charge for paper copies will be per page.

2. The charge for downloaded computer files to a thumb drive per cost of the drive.

3. There is no charge for documents e-mailed.

4. Requesters may ask that documents be mailed to them. They will be charged the actual cost of the postage and mailing supplies.

E. E-mail. Documents in electronic mail format are records as defined by the Michigan Revised Code when they otherwise satisfy the definition of “record” and are not subject to applicable exemptions from disclosure under Michigan or federal law. E-mail is to be treated in the same fashion as records in other formats and should follow the same retention schedules.

1. Records in private e-mail accounts used to conduct public business are subject to disclosure. It is SBWI’s general policy that School business should be conducted through School e-mail accounts, however employees or representatives of SBWI are instructed to retain their e-mails that relate to public business and to copy them to their business e-mail accounts.

2. When they otherwise satisfy the definition of “record” above, e-mails from private accounts will be considered records of the public office and will be made available for inspection and copying in accordance with the Public Records Act.

F. Communication of public records policy. This policy will be posted in a conspicuous place in those offices and departments most likely to receive records requests from members of the public. It will also be published on the School Web site and in student and employee handbooks.

G. Managing Records. SBWI’s records are subject to records retention schedules. SBWI’s current schedules are kept by the President’s Office, a location readily available to the public as required by Michigan Revised Code 149.43(B)(2).

PROCEDURES

A. Responsibility for maintaining and producing the public records.

1. Responsibility for maintaining and producing the public records resides with the head of the respective unit where the records are kept. Such Director of Operations or President is accountable for developing procedures for maintaining and providing the public records within that unit to assure compliance with state law, and with the School’s records retention policy.

B. Intake of request

1. School personnel should direct all persons requesting permission to access the School’s records to the Director of Operations.

2. School personnel may inform the requestor that the request should be reasonably specific and clearly describe what is being sought. Written requests can be encouraged, but cannot be required.

C. Collection

1. The School must comply with requests for public records by collecting the requested public records as promptly as possible.

2. The Michigan Public Records Act does not require that a new public record be created in response to a request.

D. Review

1. The Director of Operations will work with the appropriate department to obtain the records required to fulfill the public records request and consult SBWI’s attorney prior to their release to ensure fulfillment of the public records request and compliance with the Michigan Public Records Act.

E. Response

1. The Director of Operations will respond to the requestor within a reasonable period of time.

2. In most cases, if the request is to inspect the public records, the inspection will take place at the location where the records have been collected, ordinarily during regular business hours and under the supervision of the Director of Operations, or their designee.

3. If the request is for copies, the Director of Operations, or their designee, will make arrangements for any copying of the requested public records. The fees received for making copies should be remitted to the Administration Office.

4. The Director of Operations is responsible for tracking in a common institutional database the public records requests received by the School, including name of requestor; a summary description of records being sought; date request received; date request completed; and what records were provided or denied.

To make a records request, please email the Director of Operations Dena Koehn at dena@sambeaufordwoodshop.com, mail a request to SBWI, 1375 N. Main St, #41, Adrian MI 49221, or text (517)759-3070. You may also click the button below to fill out the request online.