Lawmakers hear arguments for and against cutting fees for public records requests

[Dave]

Figured you'd be interested in this X.... saw today when I was reading the Free Press while having dinner. The joy you would have going in to visit your bud Shay with this info in hand :-D

LANSING — State lawmakers heard from both sides Tuesday as they considered legislation to curb the fees governments may charge for responding to requests for public records under Michigan’s Freedom of Information Act.

Herschel Fink, who is senior legal counsel to the Detroit Free Press and has been handling FOIA cases since soon after the law was passed in 1977, told the House Oversight Committee the law is “broken” and “dysfunctional” because of excessive delays and inflated labor costs charged by government bodies.

But Michael Fisher, assistant attorney for the City of Livonia, said local governments are forced to choose between responding to FOIA requests and providing basic city services.

House Bill 4001 would cap copying charges at 10 cents per page, reduce the fees governments could charge for responding to FOIA requests if they failed to meet time deadlines and allow people who successfully fight excessive fees in court to recover attorney fees. House Bill 4314 would create an Open Government Commission to handle FOIA complaints.

Fink said the Free Press supports both bills, but HB 4001 could be improved by setting a deadline for governments to turn over records once a request is granted and by adding a presumption that FOIA requests submitted by news organizations for news-gathering purposes are in the public interest.

Fink said the state FOIA law played a key role in reporting by the Free Press that led to the removal from office and the incarceration of former Detroit Mayor Kwame Kilpatrick.

Fisher said most FOIA requests don’t come from average citizens or the news media, but from “people looking to make a buck” by profiting on information held by government.

The law is complex, citizens’ privacy must be protected, and if one key person is off sick or on vacation, it can be difficult or impossible for some governments to make a timely response, Fisher said.

Rep. Tom McMillin, R-Rochester Hills, the committee chairman and sponsor of HB 4314, said he doesn’t understand a conflict between answering FOIA requests that tell taxpayers how their money is spent and providing basic services.

Telling people how their money is spent “seems to be a top service,” McMillin said.

http://www.freep.com/article/20130604/NEWS06/306040126/freedom-of-i...

[masonco]

I too thought of out local "rulers" who are probably sitting in the bathroom over this.

[XLFD]

The Fisher and Fink surnames seem to be reversed in this case since Fisher is the public official who doesn't want people to 'fish' for information easier, and Fink is the information seeker, not the public official who doesn't want to give out information, and is truly a fink. 

Keeping the public informed about what is going on should be the top priority of government, and though I can understand some of the concerns raised from the other side they don't pass muster in a republic form of government.  Part of "basic city (or township, county, state) services" include the dissemination of information.  And I would put Fisher's comment about most FOIAs are from people out to make bucks from public information as a load of misinformation. 

Thanks, Dave, when you initially put this out, I missed it, but if new, more-lenient FOIA rules are put out by the state, I will go to the City Council and with my best impersonation of Ronald Reagan I'll say "We welcome change and openness; for we believe that freedom and security go together, that the advance of human liberty can only strengthen the cause of world peace. There is one sign the City Hallers can make that would be unmistakable, that would advance dramatically the cause of freedom and peace. City Manager Shay, if you seek peace, if you seek prosperity for Ludington and western Mason County, if you seek liberalization, come here to this gate. Mr. Shay, open this gate. Mr. Shay, Mr. Shay, tear down this wall-- of blocking the free flow of information and repeal the most Draconian FOIA policy imaginable the City of Ludington has adopted."

[Dave]

I came to the conclusion that you must of missed this when I first put it up as it was literally right up your alley. I hope that they are able to reshape the FOIA law so that its fair to everyone and prevents certain local governments from abusing the system.

[Willy]

Fisher is full of sh_t.