FAQs

Question:


What is FOIA?

Answer:


The Freedom of Information Act (FOIA) is a state statute that provides the public the right to access government documents and records. The premise behind FOIA is that the public has a right to know what the government is doing. The law provides that a person can ask a public body for a copy of its records on a specific subject and the public body must provide those records, unless there is an exemption in the statute that protects those records from disclosure (for example: records containing information concerning trade secrets or personal privacy).


Question:


Who is subject to FOIA?

Answer:


Public bodies are subject to FOIA. The judiciary is not subject to FOIA, but court records and proceedings generally are open to the public.


Question:


Can a public body require that a FOIA request must be submitted on a certain form or in a certain format?

Answer:


No. Public bodies can require that FOIA requests be submitted in writing, but they must accept requests by mail, personal delivery, fax, e-mail, or other means available. While public bodies may offer a form for FOIA requests, they cannot require that you use a specific form to make your request. Public bodies may accept oral FOIA requests but are not required to do so.


Question:


Who can file a FOIA request?

Answer:


Anyone. Any person, group, association, corporation, firm, partnership or organization has the right to file a FOIA request to any state or local public body, including any city, township or county office.


Question:


How many days does the public body have to respond to my FOIA request?

Answer:


A public body must respond to a FOIA request within 5 business days after the public body receives the request. Day 1 of the 5-day timeline is the first business day after the request is received by the public body. The date that the request was received by the public body does not count as "Day 1." That time period may be extended for an additional 5 business days from the date of the original due date if:

  • The requested information is stored at a different location;
  • The request requires the collection of a substantial number of documents;
  • The request requires an extensive search;
  • The requested records have not been located and require additional effort to find;
  • The requested records need to be reviewed by staff who can determine whether they are exempt from FOIA;
  • The requested records cannot be produced without unduly burdening the public body or interfering with its operations; or
  • The request requires the public body to consult with another public body who has substantial interest in the subject matter of the request.

If additional time is needed, the public body must notify the requester in writing within 5 business days after the receipt of the request of the statutory reasons for the extension and when the requested information will be produced.