Attorney Philip Ellison explains how Michigan residents can use FOIA to access public records
What you need to know about getting government records
LANSING, Mich. — Michigan residents don’t have to be journalists or attorneys to request public records from government agencies, but knowing how to properly file a Freedom of Information Act request can make the process faster, less expensive and more effective, according to attorney Philip Ellison.
Ellison, an attorney with Outside Legal Counsel, said the first step is visiting a public body’s website, where state law requires agencies to publish their Freedom of Information Act procedures and identify their FOIA coordinator. While many agencies provide request forms, residents are not required to use them and may instead submit a written request by letter, email, fax or mail.
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“The magic thing you want to do with a request is make sure you either put the word ‘FOIA’ or ‘Freedom of Information Act,’” Ellison said, explaining that doing so helps ensure the request is routed to the proper office.
Ellison encouraged people to make requests as specific as possible, noting that broad requests often increase both the time required to fulfill them and the fees agencies may charge.
“The more specific you can be, the quicker it’ll come to you,” he said. “More importantly, the cost ... is dramatically reduced.”
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Under Michigan law, public bodies may charge reasonable fees to fulfill requests, including labor costs and copying expenses. Agencies can also require a good-faith deposit if the estimated cost exceeds $50, although Ellison said disputes over excessive fees remain an active area of litigation.
Not every record is subject to disclosure. Ellison said the law contains exemptions that allow or require governments to withhold certain records, including some active law enforcement investigations, Social Security numbers and student records. He noted that courts frequently resolve disputes over whether agencies have properly applied those exemptions.
Ellison also pointed to a pending Michigan Supreme Court case that could clarify how quickly governments must produce records after responding to a request, saying delays of several months have become common in some jurisdictions.
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Although nearly all Michigan residents can file FOIA requests, Ellison noted one exception: state prisoners are prohibited from submitting requests under Michigan’s FOIA statute.
He also highlighted a longstanding criticism of Michigan’s transparency laws: the governor, Legislature and courts are exempt from the state’s Freedom of Information Act.
Ellison said Michigan, once considered a national leader in government transparency, now ranks near the bottom compared with other states and called on lawmakers to modernize the law.
To help residents navigate the process, Ellison’s office recently launched MichiganFOIA.com, a website that includes educational resources and a FOIA request generator designed to help users prepare legally compliant requests. The site also allows users to contact the firm if they believe a public agency has improperly denied access to records.