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Jay Trucks and Associates Legal Blog

Thursday, March 5, 2009

Michigan Freedom of Information Act

The Michigan Freedom of Information Act guarantees that all people can access public records of Michigan government agencies. The purpose of this law is to better inform Michigan citizens of the actions of public officials and employees in an attempt to facilitate the democratic process.

According to the law, “public record” includes any writing – handwriting, typewriting, printing photocopying, and photographing – prepared, owned, or used by a public body in the performance of their official duties.

Anyone may request to view public records, as long as you are not an incarcerated felon. Your request must be made in writing, and you do not need to state the reason for your request.

The vast majority of governmental agencies are required to comply with this law. Notable exceptions include:

• The governor and lieutenant governor
• Employees of the governor and lieutenant governor
• State legislators
• The judiciary

Your request to view public records must be answered within five business days. The public agency must provide you with reasonable access to the records you are requesting so that you may be able to examine them and take notes. Viewing of these documents will occur during regular business hours.

If your request is denied, you may file an appeal with the head of the public agency. You may also file an action in circuit court forcing the public agency to disclose the records. Your lawsuit must be filed within 180 days of the denial of your request.

If you have been denied access to public records, please contact the attorneys at Jay Trucks & Associates, P.C. today to find out if you are eligible to file an action in court. We serve clients in Flint, Saginaw, and Lansing, Michigan.

posted by Erica at 2:19 PM

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