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  • Appeal Letter

    Transféré par

    Danny Shaw
    40 vues2 pages
    A FOIA request was partially denied by the DTMB on august 8. John sutter: the partial denial should be reversed on the following grounds. He says the reasoning behind the denial is simply unfounded.

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    A FOIA request was partially denied by the DTMB on august 8. John sutter: the partial denial should be reversed on the following grounds. He says the reasoning behind the denial is simply unfounded.

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    Attribution Non-Commercial (BY-NC)
    Téléchargez comme PDF, TXT ou lisez en ligne sur Scribd
    Signaler comme contenu inapproprié
    40 vues2 pages

    Appeal Letter

    Transféré par

    Danny Shaw
    A FOIA request was partially denied by the DTMB on august 8. John sutter: the partial denial should be reversed on the following grounds. He says the reasoning behind the denial is simply unfounded.

    Droits d'auteur :

    Attribution Non-Commercial (BY-NC)
    Téléchargez comme PDF, TXT ou lisez en ligne sur Scribd
    Signaler comme contenu inapproprié
    sur 2

    Mr. John Nixon Lewis Cass Building 320 South Walnut, P.O.

    Box 30026 Lansing Michigan 48909

    I am writing to appeal the partial denial of a Freedom of Information Act request originally submitted on July 17 and formally denied on Aug. 8 by Gary Buckberry, DTMB FOIA coordinator.

    The partial denial should be reversed on the following grounds:

    Your initial response to my FOIA request was to impose an extension. However, 15.235(6) requires you to specify the reason for the extension. Your explanation that it was to conduct a thorough review of my request is insufficient, particularly where you only produced 2 pages of documents.

    You have a duty to separate the exempt from non-exempt, and cannot withhold an entire document just because some portion of it is claimed to be exempt.

    The reasoning behind the denial for parts 1 through 4 of my request is based upon section 13(1) of the FOIA, which provides the basis for a public body to determine that a record, or portion of a record, is exempt from disclosure and continues to state the reason for denial as:

    (a) Information of a personal nature if public disclosure of the information would constitute a clearly unwarranted invasion of an individuals privacy.

    This is simply unfounded. The report, attached, is a state-issued document providing information about public employees and their effectiveness as public school principals. The information

    of a personal nature is narrowly interpreted and the denial simply didnt provide sufficient information regarding the denial and didnt cite anything specific within the exemption.

    Michigan courts have found that personnel records of school administrators are subject to FOIA. Your apparent claim that such records in their entirety are covered by the privacy exemption is thus not consistent with the law. In addition, it cannot possibly be the case that the identity of school administrators (who are employed at taxpayer expense) is subject to the privacy exemption.

    Danny Shaw Multimedia Journalist Heritage Media dshaw@heritage.com 734.799.1859

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