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  • Maxwell FOIA Response Documents 3.13.15

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    47 vues8 pages

    Maxwell FOIA Response Documents 3.13.15

    Transféré par

    cafwexmi
    '

    Droits d'auteur :

    © All Rights Reserved
    Téléchargez comme PDF ou lisez en ligne sur Scribd
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    CADILLAC Freedom of Information Act Public Records Request a Nae Mow Adres Phowe_ Fax — situ Lok Wye lp. Pablic Records Requested Al teyt ond omail communiey tra ar Loon Mo “eotia and members of He Udy Cones rom sJanuacu 20 do qwerenk E Reason For Request rer) Page 60f7 RECEIVED ut = 1 my CADILLAC MICHIGAN WON ae Sale, Michie 6 csi nt Sly 9,2014 Liz MacCord ‘Dear Ms, MacCord: Re: Freedom of Information Act Deposit Required ‘The City of Cadillac received your Freedom of Information Act (*FOIA") request on July 1, 2014, requesting a copy of “all text and e-mail communications between Mareus Peceia and members of the City Council between January 2013 and presen.” “The City has determined that the total good faith esimate of the cost of processing this request ‘will be $382.00. The City will process your request after you have paid a deposit of $191.00 (which is 4 the total estimated costs, as provided in Section 4(2) of the Michigan Freedom of Information Act. MCL 15.2342). Please be advised that the City will be entitled to 2 10 business day extension, as permitied by the FOIA, after the deposit is paid in order to have sufficient time to collect and review the documents. ‘Should you have any questions, please feel free to contact me, Sincerely, Bardia (noon Snir Wasson FOIA Corde CADILLAC MIctIGAN ep mrrsiaias cane IMTS fe 7ST "wrmadncnst July 21,2014 Liz MacCord esr Ms. MacCord Re: Freedom of Information Act Extension ‘The City of Cadillac received your Freedom of Information Act (“FOIA) request on July 1, 2014, requesting a copy of “sll text and e-mail communications between Marcus Peccia and members ofthe City Council between January 2013 and present” By letter dated July 9, 2014, the City requested a deposit of $191.00 (which is % the total estimated costs) and a deposit of $8200 was paid on July 11, 2014, ‘This leter serves as notice in accordance with §5(2)(¢) of the Freedom of Information Act that the City of Cadillac is extending by 10 business day the time to respond to this request in order to ave adequate time to search for and review documents in order to respond to the request ‘The City will respond to your request by July 25, 2014 by doing one of the following: (1) sgantng the request, (2) isting a writen notice denying the request, or () granting the request {i part and issuing «wien notice denying the request part. ‘Should you have any questions, please fel flee to eontact me Sandra L. Wassem FOIA Coordinator CADILLAC MICHIGAN ache oe t SHIR oe BETSATS eewcadneiet July 25, 2014 Liz MacCord ear Ms, MacCord Re: Freodom of Information Act Extension, The City of Cacilla, thtough its attorney Anne Seuryack, rcosived your voicemail in which you agreed to extend the City’s tine to respond to your FOIA request. Due tothe nature and volume othe request and the vacation of the City Manager, the City had requested an extension until at Jeast August 12,2014, Thank you for agreeing to that extension, In addition, we understand you have modified your request to ask for documents beginning August 1, 2013 and have requested that ae City not provide you with any attachments. Please lets know if tis is not your understanding, Thank you very much for your cooperation with the City. Should you have any questions, please feel free to contact me Sincerely, Sarda 8 dian Senda. Wasson FOIA Coane CADILLAC MICHIGAN 0 Nona Sada Mihi 6 DLTSDISIe te 2307788755 August 12,2014 Liz MacCord Dear Ms, MacCord Re Freedom of Information Act Extension ‘The City of Cadillac received your Freedom of Information Act (“FOIA”) request on July 1, 2014 (Which was subsequently modified) requesting a copy of all text and e-mail ‘communications between Marcus Peocia and members of the City Council between August 2013 snd present, not including sny attachments. Your request has been granted in part and denied in partas follows, The City has granted your request for non-exempt public records thst respond to your request. However, public records or portions of public records that you have requested contain inforration that is 1 empt from disclosure as fallow: Certain correspondence or portions of correspondence you requested were subject to altomey-client privilege and therefore exempt from disclosure under Section 13()(g) of the FOIA, MCL 15.243(1)). ‘The City bas also exempted ceriin protected health information pursuant to Section 13(1}0) that permits the City to exempt “medical, counseling, ot psychological facts or evaluations conceming an individual if the individuals identity would be revealed by a disclosure of those facts or evaluation, inluding protected healt information.” MCL 15.2431). Also, certain documents, including documents included as attachments to emails faze exempt from disclosure under Section 13(1)(m) of the FOIA. because the {documents are of an advisory nature, cover other than purely factual materials and ‘are preliminary 10 a final agency determination of policy or action. Due to need for frank advice and consultation about employment-elated matters, collective bargaining and other issues before council, the public interest in encouraging frank communication clearly outweighs the public interest in iselosure inthis ease. 4. Also, certain information about department policies and procedures has been redacted because it would disclose operational instructions for law enforcement officers or agents and reveal the contents of staff manuals provided for law tnforeement officers or agents. Section 13(1\(0}(v) and (i). In this case, the City has determined thatthe public intrest in disclosure does not outweigh the public interest in nondisclosure. 5. The documents contain references to material contained in closed session minutes. Closed session minutes are exempt ftom disclosure pursuant to the ‘Open Meetings Act and, therefore, ae exempt by statute under the FOIA. MCL 15.243(1X6). 6. Certain documents or portions of documents are exempt from disclosure because they fall under the attomey work-product privilege, pursuant to Michigan Court Rule 2,302(B\3)(a). Therefore, the documents of portions of documents are exempt ftom disclosure under the FOIA through subsection 13(1)(h). Section 13(2(4) exempts from disclosure information or records subject to a privilege recognized by statute or court rule, MCL 15.243(1)(). 7. Certain documents or portions of documents are also exempt because they involve ‘confidential information, intemal investigations, and, therefore, pat of the law ‘enforcement personnel records that is exempt pursuant to 15.243(1}(3}(), ‘Because release of such persoanel records would hinder the City's ability to hire, ‘arm and conduct investigations of law enforcement officers, the public interest in disclosure in this instance does not outweigh the public interest in nondisclosure in this instance The exempt information has aot been included or has been redacted from the non-exempt information pursuant to Section 14 of the FOIA. MCL 15.244. ‘You have already paid a deposit in the amount of $200.00. As you know your request was voluminous and involved reviewing thousands of pages of documents. As a result, please be advised thatthe City is sill in the process of preparing the documents for disclosure. We will contact you as soon as possible regarding the total fee and to confirm when the documents are ready to be picked up, ince your request has been denied in part, you have the right to (1) submit tthe head ofthe public body a written appeal that specifically states the word “appeal” and identifies the reason ‘or reasons forthe reversal of the disclosure denial or (2) seek judicial review of this decision, as ‘Stated in Section 10 of the Michigan Freedom of Information Act, MCL 15.240 (see attachment), Further, you have the right to seek attorney fees and damages as provided in Section 10 (see attachment) if the court determines thatthe City has not complied with this seotion and orders disclosure of all ora portion a the public record, ‘Should you have any questions, please feel free to contact me at (231) 775-0181 Sincerely, arta hes, Sandra Wasson Freedom of Information Act Coordinator Enclosure FREEDOM OF INFORMATION ACT (EXCERPT) Met ef 1976 415.240 Options by reauosting person; appeal orders: venue; de novo proceeding; burden of ‘proof private view of public record; contempt, assignment of action or appeal for hearing, fat. or argument atlomays" fees, costs, and dlsbursoments; assessment of award Garages. 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