Ms.

Tammera Harmsen
EricC.Grimm
1330 West Summit Avenue
Roosevelt Park, MI 49441
Freedom of Information Act Coordinator
City of Roosevelt Park
900 Oak Ridge Road
Roosevelt Park, MI 49441
Re: City Council Information Packets
Dear Ms. Harmsen:
This is a written request, under the Michigan Freedom of Information Act, Act 442 of1976,
as amended, MCL 15.231 - 15.246 ("FOlA"). As you may recall, some discussion has been had
lately at City Council work sessions about making available, via the City Website, the entire
information packet that is sent to City Council members prior to each meeting. It is not uncommon
for municipalities to do this. For instance, Grand Rapids and Muskegon both do so regularly. In
contrast, the City of Roosevelt Park publishes only the meeting agendas prior to meetings.
This continuing lack of transparency on the part of Roosevelt Park, which should have been
remedied months ago when the subject first arose, remains disturbing.
As you probably are aware, the City Council pre-meeting information packets are ''public
records," as that term is defined in FOlA. Accordingly, any person (whether or not a resident), may
secure a copy of these public records and the City has a legal obligation to tum them over.
Section 15.233(1) ofFOlA also states, in relevant part, "A person has a right to subscribe to
future issuances of public records that are created, issued, or disseminated on a regular basis. A
SUbscription shall be valid for up to 6 months, at the request of the subscriber, and shall be
renewable."
Commencing with the materials for the City Council meeting of October 3, 2011, and
through the present, please make available for inspection and copying the entire set of pre-meeting
materials distributed to members of City Council for each meeting.
The auditor's report and the City budget are prepared and disseminated regularly. I am
subscribing to these materials in advance, for a renewable period of six months. Please provide
copies as they are generated. The information packet for City Council members is prepared on the
Friday in advance of each council meeting and work session. I am subscribing to these regularly-
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Ms. Tammera Harmsen
Freedom of Information Coordinator
n rtlli'M12, lOB S;
Page 2
generated public records in advance, for a renewable period of six months, starting today, and would
appreciate copies on the same day they are distributed to the City Council.
If any part of the requested public records is withheld by the City, on the basis of one or more
exemptions under FOIA, or for any other reason, then a log or index must be prepared, detailing the
nature of the records that have been withheld, and the asserted basis for withholding them. See
Evening News Ass'n v. Citv of Troy. 417 Mich. 481, 339 N.W.2d 421, 516 (1983); Vaughn y.
157 U.S.App.D.C. 340, 344-45, 484 F.2d 820 (1973).
It also has come to my attention that one or more members of public bodies in Roosevelt Park
(including, but not necessarily limited to, the City Council), may have in their possession public
records, of which the FOIA Coordinator does not presently have copies. I cannot emphasize strongly
enough to you how important it is that all such records be preserved and not destroyed, and that at
least copies of them should be kept in a manner that enables the FOIA Coordinator to respond
promptly to written requests for such records. Allow me to take this opportunity to urge you to
provide continuing education and guidance to all City public bodies, and to ensure that all members
of these public bodies are following, and not violating, the requirements ofFOIA.
Thanks in advance for your attention to these matters.
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