Changes proposed for handling public records request appeals
The Township Board considered a change to its Freedom of Information Act (FOIA) policy that would allow appeals to be handled by the Township Superintendent instead of the Township Board.
The Township Board approved the amendments to the FOIA Policies and Procedures by a 5-0 vote on April 13, 2026. These changes allow the board to delegate the review of FOIA appeals to the Township Superintendent.
Minutes record: I move that Sections 8 and 9 of the Plainfield Charter Township FOIA Policies and Procedures, and Section 6 of the Plainfield Charter Township Public Summary of Township FOIA Policies and Procedures, be amended so that the Township Board of Trustees as the “head of the public body” under the Freedom of Information Act, may delegate the review and decision on any FOIA appeal to the Township Superintendent, and I further move that the amendments to these Polices and Procedures have immediate effect. Motion by Frank Pfaff Second by Kathey Batey Roll Call: Ayes: Batey, Morrow, Pfaff, Reminga, McKellar Nays: 0 Motion carried
Timeline
- Agenda posted from agenda · published Apr 9, 2026
- Approved Final from agenda attachment
Key facts
- The proposal would amend Sections 8 and 9 of the township's FOIA Policies and Procedures.
- The proposal would also amend Section 6 of the public summary of the township's FOIA policies.
- The proposed change would allow the review and decision of FOIA appeals to be delegated to the Township Superintendent.
- Currently, appeals of denials go to the Township Board.
- Currently, appeals of excessive fees also go to the Township Board.
- The proposed amendments would have immediate effect if adopted.
Discretion or exceptions
- The proposal would give the "head of the public body" the discretion to delegate the review and decision of any FOIA appeal to the Township Superintendent.
Who could be affected
- Individuals or organizations who file FOIA requests with the township
- Anyone who wishes to appeal a FOIA denial or fee assessment from the township
What could change
- Instead of the Township Board, the Township Superintendent could be given the authority to make the final decision on an appeal of a denied public records request.
- The Township Superintendent could also be empowered to decide appeals from residents who believe a fee charged for a records request is excessive.
- If adopted, the changes would take effect immediately.
What to watch
- Who is considered the 'head of the public body' for the purpose of making this delegation?
- What is the exact language of the proposed amendments to the FOIA policies?
- What standards, if any, would guide the superintendent's decisions on appeal?
Questions to check
- The source documents describe the intent to amend the FOIA policy but do not include the specific text of the proposed changes.
Main source pages
These packet pages are the main source material for this item.
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FOIA policies and guidelines clearly support this agenda item.
Supporting records
These related records help explain the item, including the agenda listing, staff explanation, and draft text.
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Consider amending Sections 8 and 9 of the Plainfield Charter Township FOIA Policies and Procedures and Section 6 of the Plainfield Charter Township Public Summary of Township FOIA Policies and Procedures to state that the "head of the public body" under FOIA may delegate the review and decision of any FOIA appeal to the Township Superintendent and that the amendments have immediate effect
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Section 8: Appeal of a Denial of a Public Record When a requestor believes that all or a portion of a public record has not been disclosed or has been improperly exempted from disclosure, he or she may appeal to the Township Board by filing an appeal of the denial with the o ffice of the Township Supervisor (or “clerk” or “FOIA Coordinator,” etc.). The appeal must be in writing, specifically state the word "appeal"…
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Section 9: Appeal of an Excessive FOIA Processing Fee “Fee” means the total fee or any component of the total fee calculated under section 4 of the FOIA, including any deposit. If a requestor believes that the fee charged by the Township to process a FOIA request exceeds the amount permitted by state law or under this policy, he or she must first appeal to the Township Board by submitting a written appeal for a fee…
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Section 10: Conflict with Prior FOIA Policies and Procedures; Effective Date To the extent that these Procedures and Guidelines conflict with previous FOIA policies promulgated by Township Board or the Township Administration these Procedures and Guidelines are controlling. To the extent that any administrative rule promulgated by the FOIA Coordinator subsequent to the adoption of this resolution is found to be in c…
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Section 1: General Policies The Township Board, acting pursuant to the authority at MCL 15.236, designates the Township Superintendent as the FOIA Coordinat or. He or she is authorized to designate other Township staff to act on his or her behalf to accept and process written requests for the Township’s public records and approve denials. If a request for a public record is received by fax or email, the request is d…
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Public Summary of Township FOIA Policies and Guidelines Reversing the disclosure denial; Upholding the disclosure denial; or Reverse the disclosure denial in part and uphold the disclosure denial in part. Whether or not you submitted an appeal of a denial to the Township Board, you may file a civil action in Kent County Circuit Court within 180 days after the Township's final determination to deny your request…
Meeting history
Agenda and minutes records showing when this item appeared and what procedural step it reached over time.
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The item appeared on the Board of Trustees Meeting agenda: Consider amending Sections 8 and 9 of the Plainfield Charter Township FOIA Policies and Procedures and Section 6 of the Plainfield Charter Township Public Summary of Township FOIA Policies and Procedures to state that the "head of the public body" under FOIA may delegate the review and decision of any FOIA appeal to the Township Superintendent and that the a…
Accuracy note
Civic Desk summarizes public records to make local issues easier to follow. Mistakes, omissions, or outdated details are possible, especially when an issue is still moving through meetings. Before relying on an item for an important decision, verify the details in the linked source documents or with the township directly.