FOIA Requests

I. PURPOSE.
The Belleville Area District Library (“Library”) adopts the public policy set forth in the
Michigan Freedom of Information Act, 1976 PA 442 (“FOIA”), that all persons, except those
persons incarcerated in state, county or federal correctional facilities, are entitled to full and
complete information regarding the affairs of government and the official acts of those who
represent them as public officials and public employees, consistent with the FOIA. Access to
information is important so that people may fully participate in the democratic process. These
Procedures and Guidelines are enacted in compliance with the requirements set forth in Section
4(4) of the FOIA.
II. FOIA COORDINATOR.
The Library Director shall be the FOIA Coordinator. The FOIA Coordinator will respond to
requests in accordance with the FOIA. An employee of the Library who receives a request for a
public record must promptly forward that request to the FOIA Coordinator. The FOIA
Coordinator is responsible for accepting, processing and approving a denial of a request and
signing the written notice of denial. The FOIA Coordinator may designate another individual to
act on his or her behalf in accepting and processing requests for the Library’s public records, and
in approving a denial.
III. REQUEST REQUIRED.
A. Requestor; Public Record. An individual, corporation, limited liability company,
partnership, firm, organization, association, governmental entity, or other legal entity,
except those persons incarcerated in state, county or federal correctional facilities, may
request public records from the Library. “Public Record” has the meaning as defined in
Section 2(e) of the FOIA.
B. Verbal Requests. The Library may, but is not required to, provide public records
in response to a verbal request, unless such verbal request is for information that the
Library believes is available on its website. In such case, an employee, where practicable
and to the best of his or her knowledge, shall inform the requestor about the pertinent
website where the information is available.
C. Written Requests. Except as provided in Section III.B above, a person desiring to
inspect, copy or receive a copy of a public record shall make a written request for the
public record to the Library. A request can be made through a letter, in person, or sent by
electronic transmission.

1. Where to Send the Request. Whenever possible, requests for public
   records should be directed to the following recipients so that the information can
   reach the FOIA Coordinator:
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   a. By mail or in person:
   Belleville Area District Library
   Attn: FOIA Coordinator
   167 Fourth Street
   Belleville, MI 48111
   b. By e-mail: FOIA.REQUEST.BADL@gmail.com
   c. By fax: (734) 699-6352
2. Sufficient Description. Requests in writing must identify the public
   record sufficiently to allow the Library to find the requested record. If not, the
   request may be denied on that basis.
3. Requester Contact Information Required. A request from a person must
   include the following (unless the request is from an individual who qualifies as
   indigent under Section 4(2)(a) of the FOIA):
   a. the requesting person’s complete name, address, and contact
   information, and
   b. if the request is made by a person other than an individual, the
   complete name, address, and contact information of the person’s agent
   who is an individual.
   An address must be written in compliance with United States Postal Service
   addressing standards. Contact information must include a valid telephone number
   or electronic mail address.
4. Electronic Transmissions. For requests sent by electronic transmission,
   the following shall apply:
   a. Electronic Transmissions. A written request made by facsimile,
   electronic mail, or other electronic transmission is not received by the
   Library’s FOIA coordinator until 1 business day after the electronic
   transmission is made.
   b. Spam or Junk Mail Folder. If a written request is sent by
   electronic mail and delivered to the Library’s spam or junk mail folder, the
   request is not received until 1 day after the Library first becomes aware of
   the written request. The Library shall note in its records both the time a
   written request is delivered to its spam or junk mail folder and the time the
   Library first becomes aware of that request. The FOIA Coordinator shall
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   be responsible for routinely monitoring the spam and junk mail folders in
   order to determine whether they contain any FOIA requests.
5. Specify Format. The requestor may specify whether he or she would like
   to inspect, receive paper copies, or receive the public records on nonpaper
   physical media. The Library is only required to comply with the request for
   specified nonpaper physical media if it has the technological capability necessary
   to provide the public records on the requested nonpaper physical media in the
   particular instance.
6. Subscription. 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.
   IV. PROCEDURES FOR RESPONDING TO WRITTEN FOIA REQUESTS.
   A. Response. Unless otherwise agreed to in writing by the person making the
   request, the Library shall respond to a request within 5 business days after it receives the
   request by:
7. Granting the request (which would include notifying the requestor that all
   or a portion of the public records requested are available on the website, if
   applicable);
8. Issuing a written notice to the requesting person denying the request;
9. Granting the request in part and issuing a written notice to the requesting
   person denying the request in part (which would include notifying the requestor
   that all or a portion of the public records requested are available on the website if
   applicable); or
10. Issuing a notice extending for not more than 10 business days the period
    during which the Library shall respond to the request.
    The Library’s written response shall be considered the final determination regarding the
    FOIA request.
    B. Understanding the Library’s Response. The Library has an obligation to respond
    as required under the FOIA. If the Library grants a written request in full, the requestor
    will receive a notice indicating that it has been granted. However, if the request is denied
    or denied in part, the Library shall provide the following information:
    1 Pursuant to Section 13 of the FOIA, the Library may exempt certain
    documents from disclosure. The FOIA Coordinator will review the request to
    determine if any exemptions apply. The FOIA Coordinator may request
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    assistance from the Library’s Attorney regarding the application of exemptions.
    If exempt, the Library shall provide an explanation of the basis under this act or
    other statute for the determination that the public record, or portion of that public
    record, is exempt from disclosure, if that is the reason for denying all or a portion
    of the request.
11. A certificate that the public record does not exist under the name given by
    the requestor or by another name reasonably known to the Library, if that is the
    reason for denying the request or a portion of the request. The denial letter may
    indicate that the letter serves as the certificate as required by the FOIA.
12. A description of a public record or information on a public record that is
    separated or deleted pursuant to Section 14 of the FOIA, if a separation or
    deletion is made.
13. A full explanation of the requesting person’s right to do either of the
    following:
    a. Submit to the Library Board a written appeal that specifically
    states the word “appeal” and identifies the reason or reasons for reversal of
    the disclosure denial; or
    b. Seek judicial review of the denial under Section 10 of the FOIA.
14. Notice of the right to receive attorneys’ fees and damages as provided in
    Section 10 of the FOIA, MCL 15.240, if, after judicial review, the court
    determines that the Library has not complied and orders disclosure of all or a
    portion of a public record.
    C. No Obligation to Create Records. The FOIA does not require the Library to
    make a compilation, summary, or report of information. Further, the Library is not
    required to create a new public record in order to respond to a request.
    D. Documents Available on Website. If the FOIA Coordinator knows or has reason
    to know that all or a portion of the requested information is available on its website, the
    Library shall notify the requestor in its written response. The written response, to the
    degree practicable in the specific instance, shall include a specific webpage address
    where the requested information is available.
    If all or a portion of the requested records are available on the website and the Library
    has included the website address in its written response but the requestor wants the public
    records in a paper format or other nonpaper physical media, the Library shall provide the
    public records in the specified format. On the detailed itemization, the Library shall
    separate the requested public records that are available on its website from those that are
    not available on the website and shall inform the requestor of the additional charge to
    receive copies of the public records that are available on its website.
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    V. FEES.
    The Library may charge a fee for a public record search, for the necessary copying of a
    public record for inspection, or for providing a copy of a public record because it has
    established, made publicly available, and follows these Procedures and Guidelines and
    the FOIA. The fee shall be limited to actual mailing costs and to the actual incremental
    cost of duplication or publication including labor; the cost of search, examination and
    review; and the deletion and separation of exempt information from non-exempt
    information as set forth more fully in these Procedures and Guidelines. The FOIA
    Coordinator shall provide a detailed itemization of costs on a standard form, as required
    under Section 4(4) of the FOIA (“Detailed Itemization”). The total fee shall not exceed
    the sum of the following components:
    A. Labor Costs:
15. Searching for, Locating and Examining.
    a. The Library may charge for searching for, locating and examining
    public records in conjunction with receiving and fulfilling a granted
    written request.
    b. The Library shall not charge more than the hourly wage of its
    lowest-paid employee capable of searching for, locating, and examining
    the public records in the particular instance regardless of whether that
    person is available or who actually performs the labor.
    c. These labor costs shall be estimated and charged in increments of
    15 minutes, with all partial time increments rounded down.
16. Separating and Deleting Exempt from Non-Exempt:
    a. For services performed by an employee of the Library, the Library
    shall not charge more than the hourly wage of its lowest-paid employee
    capable of separating and deleting exempt information from non-exempt
    information in the particular instance, regardless of whether that person is
    available or who actually performs the labor. All references in these
    Procedures and Guidelines to separating and deleting exempt information
    from non-exempt information shall refer to the separation and deletion
    requirements set forth in Section 14 of the FOIA, MCL 15.244.
    b. If the Library does not employ a person capable of separating and
    deleting exempt information from non-exempt information in the
    particular instance, it may treat necessary contracted labor costs used for
    the separating and deleting of exempt information from non-exempt
    information in the same manner as employee labor costs when calculating
    charges under this subdivision if all of the following occur:
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    1) The Library’s FOIA Coordinator determines on a case-bycase basis that the Library does not employ a person capable of
    separating and deleting exempt information from non-exempt
    information.
    2) The Library clearly notes the name of the contracted person
    or firm on the Detailed Itemization.
    3) Total labor costs calculated for contracted labor costs shall
    not exceed an amount equal to 6 times the state minimum hourly
    wage rate.
    c. These labor costs shall be estimated and charged in increments of
    15 minutes, with all partial time increments rounded down.
    d. The Library shall not charge for labor directly associated with
    redaction if it knows or has reason to know that it previously redacted the
    public record in question and the redacted version is still in the Library’s
    possession.
    f. If the Library directly or indirectly administers or maintains an
    official internet presence, any public records available to the general
    public on that internet site at the time the request is made are exempt from
    this labor charge.
17. Duplication or Publication Labor Charges.
    a. The Library may charge labor costs for duplication and
    publication, including making paper copies, making digital copies, or
    transferring digital public records to be given to the requestor on nonpaper
    physical media or through the internet or other electronic means as
    stipulated by the requestor.
    b. The Library shall not charge more than the hourly wage of its
    lowest-paid employee capable of necessary duplication or publication in
    the particular instance, regardless of whether that person is available or
    who actually performs the labor.
    c. Labor costs shall be estimated and charged in increments of one
    (1) minute, with all partial time increments rounded down.
18. Fringe Benefit Costs. The Library may also add up to 50% to the
    applicable labor charge amount to cover or partially cover the cost of fringe
    benefits if it clearly notes the percentage multiplier used to account for benefits in
    the Detailed Itemization. Subject to the 50% limitation, the Library shall not
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    charge more than the actual cost of fringe benefits, and overtime wages shall not
    be used in calculating the cost of fringe benefits.
    If all or a portion of the requested records are available on the website and the
    Library has included the website address in its written response but the requestor
    wants the public records in a paper format or other nonpaper physical media, the
    Library shall provide the public records in the specified format but may use a
    fringe benefit multiplier greater than the 50% limitation, not to exceed the actual
    costs of providing the information in the specified format.
19. Overtime Wages. Overtime wages shall not be included in the calculation
    of labor costs unless overtime is specifically stipulated by the requestor and
    clearly noted on the Detailed Itemization.
20. Itemization. All labor fee components shall be itemized using both the
    hourly wage and the number of hours charged on the Detailed Itemization.
21. Unreasonably High Costs. The labor fee shall not be charged for (1)
    searching for, locating and examining of public records, or (2) the cost of the
    deletion and separation of exempt information from non-exempt information,
    unless failure to charge a fee would result in unreasonably high costs to the
    Library because of the nature of the request in the particular instance, and the
    Library specifically identifies the nature of these unreasonably high costs. The
    FOIA Coordinator has authority to determine when the costs are unreasonably
    high in a particular instance, including, but not limited to, instances when the
    costs would be excessive and beyond the normal or usual amounts for responding
    to a request. In doing so, the FOIA Coordinator may take into account
    considerations such as the volume and complexity of the FOIA request as well as
    the Library’s particular fiscal condition at the time of the request or any other
    conditions authorized by law.
    B. Other Costs.
22. Nonpaper Physical Media. Costs for providing records on nonpaper
    physical media.
    a. The requestor may stipulate that the public records be provided on
    nonpaper physical media, electronically mailed, or otherwise
    electronically provided to him or her in lieu of paper copies. The Library
    is not required to provide the documents on nonpaper physical media if it
    lacks the technological capability necessary to provide records on the
    requested particular nonpaper physical media.
    b. For public records provided to the requestor on nonpaper physical
    media, the Library may charge the actual and most reasonably economical
    cost of the computer discs, computer tapes, or other digital or similar
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    media. The Library may use (but is not required to) a computer disc,
    thumb drive or other nonphysical media provided by the requestor but
    only if it is provided in its original packaging. Because the safety and
    security of the Library’s computers and network is of important public
    interest, the Library may take that security interest into account when
    determining the means of providing the documents on nonpaper physical
    media.
23. Costs for Providing Paper Copies.
    a. For paper copies of public records provided to the requestor, the
    Library may charge the actual total incremental cost of necessary
    duplication or publication, not including labor.
    b. The cost of paper copies shall be calculated as a total cost per sheet
    of paper and shall be itemized and noted in a manner that expresses both
    the cost per sheet and the number of sheets provided.
    c. The fee shall not exceed 10 cents per sheet of paper for copies of
    public records made on 8½ by 11 inch paper or 8½ by 14 inch paper. For
    all other paper sizes, the Library may charge the actual total incremental
    cost of duplication or publication, not including labor.
    d. The Library shall utilize the most economical means available for
    making copies of public records, including using double-sided printing, if
    cost saving and available.
24. Mailing Costs.
    a. The Library shall charge the actual cost of mailing, if any, for
    sending the public records in a reasonably economical and justifiable
    manner.
    b. The Library shall not charge more for expedited shipping or
    insurance unless specifically stipulated by the requestor, but may
    otherwise charge for the least expensive form of postal delivery
    confirmation when mailing public records.
    C. Statutory Fees. The fees set forth in this Section V do not apply to public records
    prepared under an act or statute specifically authorizing the sale of those public
    records to the public, or if the amount of the fee for providing a copy of the public
    record is otherwise specifically provided by an act or statute.
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    D. Fees Paid Before Providing Documents. The Library shall require that all fees be
    paid in full before providing records in response to granted or granted in part
    written requests.
    VI. DEPOSIT.
    A. Deposit. In either the Library’s initial response or subsequent response as
    described under Section 5(2)(d), the Library may require a good-faith deposit before
    providing the public records to the requestor if the entire fee estimate or charge
    authorized the FOIA exceeds $50.00, based on a good-faith calculation of the total. The
    deposit shall not exceed ½ of the total estimated fee, and the Library’s request for a
    deposit shall be included in the Detailed Itemization. The response shall also contain a
    best efforts estimate by the Library regarding the time frame it will take the Library to
    comply with the law in providing the public records to the requestor. The time frame
    estimate is nonbinding upon the Library, but the Library shall provide the estimate in
    good faith and strive to be reasonably accurate and to provide the public records in a
    manner based on this state’s public policy under Section 1 and the nature of the request in
    the particular instance. If the Library does not respond in a timely manner as required by
    the FOIA, it is not relieved from its requirements to provide proper fee calculations and
    time frame estimates in any tardy responses. Providing an estimated time frame does not
    relieve the Library from any of the other requirements of this act.
    B. Increased Deposit For Prior Unpaid Requests. After the Library has granted and
    fulfilled a written request from an individual under this act, if the Library has not been
    paid in full the total amount for the copies of public records that the Library made
    available to the individual as a result of that written request, the Library may require a
    deposit of up to 100% of the estimated fee before it begins a full public record search for
    any subsequent written request from that individual if all of the following apply:
25. The final fee for the prior written request was not more than 105% of the
    estimated fee.
26. The public records made available contained the information being sought
    in the prior written request and are still in the Library’s possession.
27. The public records were made available to the individual, subject to
    payment, within the time frame estimate described Section 4(7) of the FOIA.
28. Ninety days have passed since the Library notified the individual in
    writing that the public records were available for pick up or mailing.
29. The individual is unable to show proof of prior payment to the Library.
30. The Library calculates a Detailed Itemization that is the basis for the
    current written request’s increased estimated fee deposit.
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    The Library shall no longer require an increased estimated fee deposit from an individual
    described above if any of the following apply:
31. The individual is able to show proof of prior payment in full to the
    Library;
32. The Library is subsequently paid in full for the applicable prior written
    request; or
33. Three hundred sixty-five days have passed since the individual made the
    written request for which full payment was not remitted to the Library.
    C. Payment of Deposit; Abandonment of Request. If a deposit that is required under
    Subsection 4(8) or 4(11) of the FOIA (as described in Subsections VI.A and B above) is
    not received by the Library within 45 days from receipt by the requesting person of the
    notice that a deposit is required, and if the requesting person has not filed an appeal of the
    deposit amount, the request shall be considered abandoned by the requesting person and
    the public body is no longer required to fulfill the request. This notice of a deposit
    requirement is considered received 3 days after it is sent, regardless of the means of
    transmission. Notice of a deposit requirement will include notice of the date by which the
    deposit must be received, which date is 48 days after the date the notice is sent.
    VII. WAIVER OR REDUCTION OF FEES.
    A. Waiver of Fees of First $20.00. A public record search shall be made and a copy
    of a public record shall be furnished without charge for the first $20.00 of the fee
    for each request by either of the following:
34. Indigency. An individual who is entitled to information under this act and
    who submits an affidavit stating that the individual is indigent and receiving
    specific public assistance or, if not receiving public assistance, stating facts
    showing inability to pay the cost because of indigency.
    a. If the requestor is eligible for a requested discount, the Library
    shall fully note the discount on the Detailed Itemization.
    b. If a requestor is ineligible for the discount, the Library shall inform
    the requestor specifically of the reason for ineligibility in the Library’s
    written response. An individual is ineligible for this fee reduction if any of
    the following apply:
    1) The individual has previously received discounted copies
    of public records from the Library twice during that calendar year.
    2) The individual requests the information in conjunction
    with outside parties who are offering or providing payment or
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    other remuneration to the individual to make the request, as
    verified by an affidavit executed by the requestor.
35. Certain Non-Profit Organizations. A non-profit organization formally
    designated by the state to carry out activities under subtitle C of the
    developmental disabilities assistance and bill of rights act of 2000, Public Law
    106-402, and the protection and advocacy for individuals with mental illness act,
    Public Law 99-319, or their successors, if the request meets all of the following
    requirements:
    a. Is made directly on behalf of the organization or its clients.
    b. Is made for a reason wholly consistent with the mission and
    provisions of those laws under section 931 of the mental health code, 1974
    PA 258, MCL 330.1931.
    c. Is accompanied by documentation of its designation by the state, if
    requested by the Library.
    B. Public Interest Reduction or Waiver. The FOIA Coordinator may reduce or
    waive the imposition of fees if the FOIA Coordinator determines that a waiver or
    reduction of the fee is in the public interest because searching for or furnishing copies of
    the public record can be considered as primarily benefiting the general public.
    C. Reduction for Late Responses. If the Library does not respond to a written
    request in a timely manner as required by the FOIA, the Library shall do the following:
36. Reduce the charges for labor costs by 5% for each day the Library exceeds
    the time permitted, with a maximum 50% reduction, if either of the following
    applies:
    a. The late response was willful and intentional.
    b. The written request:
    (i) included language that conveyed a request for information
    within the first 250 words of the body of a letter, facsimile, electronic
    mail, or electronic mail attachment, or
    (ii) specifically included the words, characters, or abbreviations
    for “freedom of information”, “information”, “FOIA”, “copy”, or a
    recognizable misspelling of such, or appropriate legal code reference for
    this act, on the front of an envelope, or in the subject line of an electronic
    mail, letter, or facsimile cover page.
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37. If a charge reduction is required, the Library shall fully note the charge
    reduction on the Detailed Itemization.
    IX. INSPECTION.
    Upon request, the Library must furnish a requesting person a reasonable opportunity for
    inspection and examination of its public records, and must furnish reasonable facilities
    for making memoranda or abstracts from its public records during the usual business
    hours. Pursuant to Section 4(1) of the FOIA, the Library may charge a fee for the public
    record search, for the necessary copying of a public record for inspection or for providing
    a copy of the public record after inspection.
    The FOIA permits the Library to make reasonable rules necessary to protect its public
    records and to prevent excessive and unreasonable interference with the discharge of its
    functions. The Library must protect public records from loss, unauthorized alteration,
    mutilation, or destruction. As such, the Library authorizes the FOIA Coordinator to
    determine whether in a particular circumstance an employee or agent of the Library must
    be present at any inspection of documents to protect the public records, and in such cases
    may assess charges as appropriate under law.
    X. CERTIFIED COPIES.
    The Library must, upon written request, furnish a requesting person a certified copy of
    the public record disclosed in whole or in part by the Library.
    XI. APPEALS.
    A. Appeal of a Final Determination to Deny All or a Portion of the Request.
38. Submit an Appeal. If a requestor desires to appeal all or part of a final
    determination to deny a request, the requestor must submit to the Belleville Area
    District Library Board (“Library Board”) a written appeal that specifically states
    the word “appeal” and identifies the reason or reasons for reversal of the denial.
39. Receipt of Appeal. The Library Board is not considered to have received
    a written appeal until the first regularly scheduled meeting of the Library Board
    following submission of the written appeal.
40. Response to Appeal. Within 10 business days after receiving a written
    appeal, the Library Board shall do 1 of the following:
    a. Reverse the disclosure denial.
    b. Issue a written notice to the requesting person upholding the
    disclosure denial.
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    c. Reverse the disclosure denial in part and issue a written notice to
    the requesting person upholding the disclosure denial in part.
    d. Under unusual circumstances, issue a notice extending for not
    more than 10 business days the period during which the Library Board
    shall respond to the written appeal. The Library Board shall not issue more
    than 1 notice of extension for a particular written appeal.
    B. Appeals of Fees (Including Deposits).
41. Submit an Appeal. If the Library requires a fee that exceeds the amount
    permitted under these Procedures and Guidelines or Section 4 of the FOIA, the
    requesting person may submit to the Library Board a written appeal for a fee
    reduction that specifically states the word “appeal” and identifies how the
    required fee exceeds the amount permitted under these Procedures and Guidelines
    or Section 4 of the FOIA.
42. Receipt of Appeal. The Library Board is not considered to have received
    a written appeal under until the first regularly scheduled meeting of the Library
    Board following submission of the written appeal.
43. Response of Appeal. Within 10 business days after receiving a written
    appeal, the Library Board shall do 1 of the following:
    a. Waive the fee.
    b. Reduce the fee and issue a written determination to the requesting
    person indicating the specific basis under Section 4 of the FOIA that
    supports the remaining fee. The determination shall include a certification
    from the Library Board that the statements in the determination are
    accurate and that the reduced fee amount complies with its publicly
    available Procedures and Guidelines and Section 4 of the FOIA.
    c. Uphold the fee and issue a written determination indicating the
    specific basis under Section 4 of the FOIA that supports the required fee.
    The determination shall include a certification from the Library Board that
    the statements in the determination are accurate and that the fee amount
    complies with these Procedures and Guidelines and Section 4 of the FOIA.
    d. Issue a notice extending for not more than 10 business days the
    period during which the Library Board must respond to the written appeal.
    The notice of extension shall include a detailed reason or reasons why the
    extension is necessary. The Library Board shall not issue more than 1
    notice of extension for a particular written appeal.
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    XII. CIVIL ACTION.
    A. Civil Action for Non-Disclosure or Denial of Public Records.
44. Civil Action After Appeal: If the Library Board fails to respond to a
    written appeal or if the Library Board upholds all or a portion of the disclosure
    denial that is the subject of the written appeal, the requesting person may seek
    judicial review of the nondisclosure by commencing a civil action within 180
    days after the Library’s final determination to deny a request.
45. Civil Action Directly After Denial. A requestor may also commence a
    civil action in the circuit court to compel the Library’s disclosure of the public
    records within 180 days after the Library’s final determination to deny a request.
    The requestor is not required to appeal the denial to the Library Board before
    commencing the civil action.
46. Remedies; Fines. If the court determines a public record is not exempt
    from disclosure, it shall order the Library to cease withholding or to produce all or
    a portion of a public record wrongfully withheld. If the person prevails, the court
    shall award reasonable attorneys’ fees, costs, and disbursements. If the person or
    Library prevails in part, the court may, in its discretion, award all or an
    appropriate portion of reasonable attorneys’ fees, costs, and disbursements. If the
    court determines that the Library has arbitrarily and capriciously violated this act
    by refusal or delay in disclosing or providing copies of a public record, the court
    shall order the Library to pay a civil fine of $1,000.00 and shall award, in addition
    to any actual or compensatory damages, punitive damages in the amount of
    $1,000.00.
    B. Civil Action Regarding Fees.
47. Civil Action After Appeal. A requestor may commence a civil action in
    the circuit court for a fee reduction if the Library (1) failed to respond to a written
    appeal or (2) made a determination on a written appeal. A requester must submit
    an appeal to the Library Board for a fee reduction before commencing a civil
    action. If a civil action is commenced against the Library, the Library is not
    obligated to complete the processing of the written request for the public record at
    issue until the court resolves the fee dispute. This action must be filed within 45
    days after receiving notice of the determination of an appeal to the Library Board.
48. Remedies; Fines. If the requesting person prevails by receiving a
    reduction of 50% or more of the total fee, the court may, in its discretion, award
    all or an appropriate portion of reasonable attorneys’ fees, costs, and
    disbursements. If the court determines the Library has arbitrarily and capriciously
    violated this act by charging an excessive fee, the court shall order the Library to
    pay a civil fine of $500.00, which shall be deposited in the general fund of the
    state treasury. The court may also award, in addition to any actual or
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    80231:00001:4071256-1
    compensatory damages, punitive damages in the amount of $500.00 to the person
    seeking the fee reduction.
    XIII. FOIA RECORD RETENTION.
    The FOIA Coordinator must keep a copy of all written requests and documents sent in
    response to the request for public records on file for no less than 1 year, unless a longer
    retention time has been specified in a record retention policy applicable to the Library.
    XIV. PUBLICATION AND NOTIFICATION OF PROCEDURE AND GUIDELINES.
    Because the Library maintains a website, these Procedures and Guidelines and the
    summary shall be posted and maintained on the website. The Library shall make these
    Procedures and Guidelines and summary publicly available by providing free copies both
    in the response to a written request and upon request by visitors at the Library. However,
    the Library may include the website link instead of providing paper copies in its response
    to a written request.
    XV. SEVERABILITY; ENFORCEABILITY.
    If any clause, provision or section of these Procedures and Guidelines shall be ruled
    invalid or unenforceable by any court of competent jurisdiction, the invalidity or
    unenforceability of such clause, provision or section shall not affect any of the remaining
    clauses, provisions or sections. If any of the Procedures and Guidelines is determined by
    the FOIA Coordinator to be in conflict with the FOIA or other law after adoption, the
    FOIA Coordinator has the authority to process FOIA requests in conformance with the
    FOIA and shall seek to amend these Procedures and Guidelines as soon as possible.
    XVI. EFFECTIVE DATE.
    These Procedures and Guidelines shall become effective upon approval.