Transparency in Michigan, Update, entire Michigan board voted out and much more.
Keeping it Real Sunday November 12, 2023
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The State of Michigan has a major problem with transparency.
Right now the Michigan Governor’s office and state legislature are immune from freedom of information requests.
There have been calls from Republicans and Democrats for years to change the transparency in Michigan.
Freedom of Information is available at other state offices and on the local level, but extreme hurdles remain to getting information.
I talked to former Flint, Michigan Mayoral Candidate Arthur Woodson about his struggle to get public information from the City of Flint and the State of Michigan.
FOIA stands for the Freedom of Information Act. It is a law in the United States that allows individuals to request access to federal agency records or information. The FOIA aims to promote transparency and openness in government by providing the public with the right to access government records.
Under the FOIA, individuals can request a wide range of records, including but not limited to documents, emails, reports, and other information held by federal agencies. However, certain exemptions exist to protect sensitive information such as national security, personal privacy, and trade secrets.
The FOIA process involves submitting a written request to the specific federal agency that holds the desired information. The agency then has a set period to respond to the request, either by providing the requested information, denying the request, or citing specific exemptions.
It's important to note that similar laws exist at the state and local levels, and they may be referred to by different names, such as the Public Records Act or Open Records Act. The specific procedures and requirements can vary, so individuals seeking information should familiarize themselves with the relevant laws in their jurisdiction.
In the State of Michigan the following problems exist with FOIA:
Processing Delays: One common challenge is the delay in processing FOIA requests. Agencies may take longer than the specified timeframes to respond to requests, which can hinder access to timely information.
Excessive Fees: Agencies are allowed to charge fees for processing FOIA requests. However, there can be disputes over the reasonableness of these fees, and individuals or organizations may find them to be excessive or prohibitive.
Overuse of Exemptions: Agencies have the authority to withhold certain information under specified exemptions, such as those related to privacy, security, or ongoing investigations. However, disputes may arise over whether these exemptions are appropriately applied or whether information is being unnecessarily withheld.
Lack of Uniformity: Different agencies may interpret and apply FOIA laws differently, leading to inconsistencies in the release of information. This lack of uniformity can make it challenging for requesters to understand the process and effectively navigate it.
Litigation and Appeals: Disputes over FOIA requests sometimes lead to legal action. Requesters may need to pursue litigation to obtain the desired information, which can be a time-consuming and costly process.
Redaction Issues: Agencies may redact certain information from released documents to protect sensitive details. However, disagreements may arise over the appropriateness of redactions and whether they go beyond what is necessary to protect legitimate interests.
The Mackinac Center for Public Policy just released a complete rewrite of the FOIA law.
“It is well past time for bold and meaningful reforms to Michigan’s transparency laws,” said Steve Delie, director of transparency and open government at the Mackinac Center. “Governor Whitmer and both past and present legislatures have consistently failed to enact even minor reforms. This inaction has enabled the government to misapply state law and thwart the public’s access to information. These revisions are a roadmap for policymakers who want to enact transformational change.”
The proposed changes would be:
Ending excessive delays by requiring that all records be produced in no more than 15 days. If the public body cannot do so, it can request an extension following legal review.
Requiring a public body to identify each exemption for every redaction and provide a specific description of why the exemption applies.
Subjecting the governor’s office and the Legislature to FOIA, with no special carveouts or exemptions.
Reworking the fee structure so that any additional work done to review and redact materials (except those required by law) are at the expense of the public body, not the requester.
Eliminating the frequently misapplied “frank communications” exemption.
Creating a new bipartisan board to address FOIA-related disputes.
Just last week Michigan lawmakers introduced bi-partisan legislation that would make the legislature and Governor’s office accessible under Freedom of Information. This legislation is in the early stages and has a long ways to go before it could ever become law.
In the second half of my Keeping it Real Show we focused on the issue of the proposed Chinese batter plant on the west side of Michigan.
According to WOOD-TV, In a vote Tuesday night, people living in Green Township in Mecosta County have decided all five of their board members will be replaced.
Over the summer, a petition was filed by voters claiming the board wasn’t listening to the voice of the people when it came to the building of a controversial electric vehicle battery plant by Chinese-owned Gotion.
There is also a proposed industrial complex proposed for Genesee County, Michigan.
Residents in Mundy Township have been fighting back on what is a proposed mega-site.
Not a lot of information is being released about the site.
I talked to resident and activist Brian Bender who is hoping what happened in Green Township can help residents in Genesee County:
I ended my Keeping it Real Show on Sunday with a look at what appears to be a biased news report from WDIV-TV in Detroit.
The report is on what they are calling a controversial project called Line 5.
The first five minutes of the project has scary music and a narrative that the pipeline is a ticking time bomb.
There are two sides to this story. WDIV does present both sides, but if you watch the story below you will see the narrative the television station is trying to push.
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