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FOIA reform measure adds much transparency

Holding Michigan government more accountable just got a bit easier.

Gov. Rick Snyder recently signed into law HB 4001, which creates the most significant reform in Michigan’s Freedom of Information Act since it was originally crafted in 1976 in the wake of the Watergate scandal.

Basically, the state’s FOIA allows the public to access certain public records. It also is an essential tool of a free press.

The Michigan Press Association, not surprisingly, was pleased about the FOIA reform bill. MPA Public Policy Committee chairman Dirk Milliman said it addresses the two biggest concerns expressed by its members over FOIA in the state: costs and delays.

The bill, according to the MPA, will provide a more consistent cost structure and require more accountability from government by requiring itemization of costs when billing to fill a request.

Should entities not respond in a timely manner, they will have to lower fees they are charging by 10 percent each day the request isn’t filled up to 50 percent.

Snyder said HB 4001 eliminates potential hurdles faced by some looking for records.

The North Wind, an independent student publication at Northern Michigan University, recently faced some of those hurdles. The newspaper had made a FOIA request, after which NMU invited North Wind staff to visually inspect 9,000 pages of computer serial numbers and data.

The inspection, NMU said, could have prevented an administrative employee from spending numerous hours copying and scanning pages. The North Wind declined the invitation.

After requesting emails sent by university administrators and general counsel, NMU sent The North Wind a bill for $613, which it later pared to $300.

NMU eventually waived the NMU charge, with President Fritz Erickson asking the requested materials be provided to The North Wind as soon as possible and within the required time.

The university, in a prepared statement, said it’s important it demonstrates a commitment to an “open and transparent administration” and to establish “positive, working relationships.”

The FOIA reform law that was recently passed could help avoid further scenarios as it sets fee limits, establishes an appeals process for fees and creates procedures for responding to and declining requests.

FOIA was created to make the government and public entities more accountable, and HB 4001 takes it a step further. The new law, therefore, is something to be applauded, both by the press and the public it serves.

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