DATE: October 29, 2018

TO: Chase Michaelson, Sports Reporter, The State News – chase.michaelson@statenews.com

FROM: Rebecca Nelson, Director and Freedom of Information Act (FOIA) Officer
Michigan State University FOIA Office

SUBJECT: FOIA Response

This is written in response to the FOIA request that you emailed to this Office on September 20, 2018, and
for the processing of which we received a fee deposit on October 25th.

The record responsive to your request accompanies this letter. Complainant and witness names, information
that could identify those individuals, certain statements made by the complainant, text messages, and other
personal data such as private email addresses, twitter usernames, and information pertaining to family and
private activities, have been redacted under Section 13(1)(a) of the Michigan Freedom of Information Act
(MIFOIA). Section 13(1)(a) provides for the withholding of “information of a personal nature if public
disclosure of the information would constitute a clearly unwarranted invasion of an individual's privacy."
Student information has been redacted under Sections 13(1)(a) and 13(2). Section 13(2) requires the
withholding of information that, if released, would prevent the public body from complying with 20 U.S.C.
1232g, the Family Educational Rights and Privacy Act (FERPA).

The MIFOIA provides that when a public body denies all or a portion of a request, the requester may do one
of the following: (1) submit an appeal of the determination to the head of the public body; or (2) commence
a civil action in the court of claims to compel the public body’s disclosure of the records. If you wish to seek
judicial review of any denial, you must do so within 180 days of the date of this letter. If the court of claims
FREEDOM OF
INFORMATION ACT orders disclosure of all or a portion of the public record(s) to which you have been denied access, you may
OFFICE receive attorneys’ fees and, in certain circumstances, damages under the MIFOIA. Should you choose to
file an appeal with the University regarding this response to your request, you must submit a written
Michigan State communication to this Office expressly stating that it is an “appeal” of this response. In your appeal, please
University
state what records you believe should have been disclosed to you. You must also state the reasons you
408 West Circle Drive
believe any denial of your MIFOIA request should be reversed. This Office will arrange for the processing
Room 1 Olds Hall and review of your appeal.
East Lansing, MI 48824
517-353-3929
Fax: 517-353-1794 A significant amount of labor was required to review the record responsive to your request to separate
foia@msu.edu
http://foia.msu.edu information exempt from public disclosure from that which is not. Since another requester seeking the same
record has also paid a fee deposit, your costs are offset by half. An itemization of those costs is attached,
as well as an invoice reflecting fees paid. Pursuant to Section 4(4) of the MIFOIA, the University’s
procedures and guidelines for processing MIFOIA requests can be found at http://foia.msu.edu

Attachments
MSUF095018

 
MICHIGAN STATE UNIVERSITY INVOICE 1.MSUF095018
____________________________________ ____________________________________________

FREEDOM OF INFORMATION ACT OFFICE Billing Date:

408 WEST CIRCLE DRIVE October 29, 2018
ROOM 1 OLDS HALL
EAST LANSING, MI 48824 FOIA Received Dates:
request emailed to FOIA Ofc.: September 20, 2018
(517) 353-3929/TELEPHONE fee deposit received: October 25, 2018
(517) 353-1794/FAX
Disclosure Date:
October 29, 2018

BILL TO: PROCESSING FEES FOR FOIA REQUEST:

Chase Michaelson report concerning Scott Westerman
Sports Reporter
The State News
chase.michaelson@statenews.com

DESCRIPTION AMOUNT
   
Fee Itemization  
 
LABOR
4.5 hours @ $31.32/hr. $ 140.94

DEPOSIT RECEIVED BY MSU FOIA OFFICE 10/25/18 - $ 70.00

Subtotal $ 70.94

DEPOSIT RECEIVED BY OTHER REQUESTER - $ 70.00

Subtotal $ 00.94
Balance Waived -$ 00.94

Make Check Payable to Michigan State University

Federal I.D. 38-6005-984-W
(Send payment to the address listed in the upper left corner of this invoice.)
RETURN ONE COPY OF THIS INVOICE WITH YOUR PAYMENT

BALANCE OWED $ 0.00

 
Michigan State University FOIA FINAL COSTS ITEMIZATION FORM -- October 29, 2018 -- Michaelson FOIA Request
Benefits % Hourly
Hourly Multiplier Wage with Time
Category of Costs/Description Wage Used* Benefits (Hours) Amount

4 (1) (a) Searching for, locating and examining responsive records no charge no charge no charge no charge no charge
 Charged at hourly wage of lowest-paid employee capable of searching for, locating and examining the
public record, regardless of whether that person is available or who performs the labor
 Estimated and charged in increments of 15 minutes or more, with all partial time increments rounded
down

4 (1) (b) Review directly associated with the separating and deleting of exempt from
nonexempt information $22.37 40% $31.32 4.5 $140.94
 Charged at hourly wage of lowest-paid employee capable of separating and deleting exempt from
nonexempt information, regardless of whether that person is available or who actually performs the labor
 If Public Body does not employee a person capable of separating exempt from nonexempt information,
may treat contracted labor costs in the same manner as employee costs
 Contracted labor costs must clearly note the name of contracted person or firm on this itemization, and
shall not exceed an amount equal to 6 times the state minimum hourly wage rate
 Labor costs under this subdivision estimated and charged in increments of 15 minutes or more, with all
partial time increments rounded down
 Shall not charge for labor under this section if Public Body knows or has reason to know that it
previously redacted the public record in question, and the pubic record is still in the Public Body's possession

4 (1) (c) Nonpaper physical media costs

 Actual and most reasonably economical cost of computer discs, computer tapes, or other digital or
similar media
 Requestor may stipulate that records be provided on nonpaper physical media, electronically mailed, or
otherwise electronically provided in lieu of paper copies
 Does not apply if Public Body lacks the technological capability necessary to provide records on the
particular nonpaper physical media stipulated

4 (1) (d) Cost of paper copies (not including labor)

 Calculated as total cost per sheet of paper, itemized to show cost per sheet and number of sheets provided
 Shall not exceed 10 cents per sheet of paper for copies of public records made on 8-1/2- by 11-inch paper
or 8-1/2- by 14 inch paper
 Shall utilize most economical means available, including double-sided printing, if cost saving and
available

4 (1) (e) Duplication or publication

 Includes making paper copies, making digital copies, or transferring digital public records to be given to
requestor on nonpaper media or electronically
 Charged at hourly wage of lowest-paid employee capable of necessary duplication or publication,
regardless of whether that person is available or who performs the labor
 Estimated and charged in time increments of the Public Body's choosing, with all partial time increments
rounded down

4 (1) (f) Cost of mailing

 Actual cost of mailing, for sending records in a reasonably economical and justifiable manner
 Shall not charge more for expedited shipping or insurance unless stipulated by requestor, may charge for
least expensive form of postal delivery confirmation

TOTAL FINAL COSTS $140.94

LESS DEPOSIT RECEIVED $70.00

LESS DEPOSIT RECEIVED FROM OTHER REQUESTER $70.00

BALANCE WAIVED $0.94

BALANCE DUE $0.00

*The Public Body may add up to 50% to the applicable labor charge amount to cover or partially cover the
cost of fringe benefits if it clearly notes the percentage multiplier used. The Public Body shall not charge
more than the actual cost of fringe benefits, and overtime wages shall not be used in calculating the cost of
fringe benefits. Overtime wages shall not be included in the calculation of labor costs unless overtime is
specifically stipulated by the requestor and clearly noted in this detailed itemization.