GARBAGE PICK UP

Garbage pick up will still be on Thursday.  Please have your garbage out by 7:00 a.m.

You may use your waste management containers if all garbage is in bags only.  No loose garbage.

Posted in City Business | Leave a comment

FOIA DETAILED COST ITEMIZATION

 

Detailed     Cost
Itemization Form

City of Memphis

 

35095 Potter Street

Memphis, Michigan 48041

City of Memphis Freedom of Information     Act Request Detailed Cost Itemization

 

 

 

Freedom of Information Act Request Itemized Cost Worksheet

Date: ___________           Prepared for Request No.: ____________________________            Date Request Received: __________

 

The   following costs are being charged/estimated in compliance with Section 4 of   the Michigan Freedom of Information Act, MCL 15.234, according to the City of   Memphis’ FOIA Policies and Guidelines.    If the City of Memphis is seeking a 50% deposit prior to providing the   public records sought, the estimate is itemized on this form, lines 2-7   below.

 

   
1.   If all or a portion of the requested information is available on the City’s website, the College is required to tell you it is available on the website and,   where practicable, include a specific webpage address where the information   is available.  In this case

 

       None

       Some

       All

 

of   the requested material can be found at the following webpage(s):

____________________________,   _____________________________, ____________________________.

 

If the webpage is all the information you need, it   is provided without charge.  If,   however, you still wish to receive a copy of material from the webpage,   please let us know.  A copying charge   will apply if the City is required to produce copies of material from the   webpage. (See section 4.)

2.   Labor Cost to Locate Records Not on City Website:

This   is the cost of labor directly associated with the necessary searching for,   locating, and examining public records in conjunction with receiving and   fulfilling a granted written request. This   fee is being charged because failure to do so will result in unreasonably   high costs to City because of the nature of the request in this particular   instance, specifically: ________________________________________________

 _________________________________________________________________________________________

 

The   City will not charge more than the hourly wage of its lowest-paid employee   capable of searching for, locating, and examining the public records in this   particular instance, regardless of whether that person is available or who   actually performs the labor.

 

These   costs will be estimated and charged in 15 minute time increments; all partial time increments must be   rounded down. If the number of minutes   is less than 15, there is no charge.

 

Hourly   Wage Charged: $________                                                              Charge per ¼ hour: $_________

                 OR

Hourly Wage   with Fringe Benefit Cost: $________                                                   OR

Multiply   the hourly wage by the percentage multiplier: ______%

(up to 50% of the hourly wage) and add   to the

hourly   wage for a total per hour rate.                                                              Charge per ¼ hour: $_________

 

      

       Overtime rate charged as   stipulated by Requestor (overtime is   not used to calculate the fringe benefit cost)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

To figure the number of increments, take the number of minutes:

____, divide   by
15 and round down. Enter below:

 

Number of   increments

 

x __________ =

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2.

Labor   Cost

 

$_________

3.   Labor Cost for Copying / Duplication of Records

 

This   is the cost of labor directly associated with duplication of publications,   including making paper copies, making digital copies, or transferring digital   public records to be given to the requestor on non-paper physical media or   through the Internet or other electronic means as stipulated by the   requestor.

 

This   shall not be more than the hourly wage of the City’s lowest-paid employee   capable of necessary duplication or publication in this particular instance,   regardless of whether that person is available or who actually performs the   labor.

 

These   costs will be estimated and charged in 15 minute time increments; all partial time increments must be   rounded down. If the number of minutes   is less than one increment, there is no charge.

 

Hourly   Wage Charged: $________                                                              Charge per ¼ hour: $_________

                 OR

Hourly Wage   with Fringe Benefit Cost: $________                                                   OR

Multiply   the hourly wage by the percentage multiplier: ______%

(up to 50% of the hourly wage) and add   to the

hourly   wage for a total per hour rate.                                                               Charge per ¼ hour: $_________

 

        Overtime rate charged as   stipulated by Requestor (overtime is   not used to calculate the fringe benefit cost)

 

 

 

 

 

4.   Labor Cost for Copying/Duplicating Records Already on City Website:

 

This   shall not be more than the hourly wage of the City’s lowest-paid employee   capable of necessary duplication or publication in this particular instance,   regardless of whether that person is available or who actually performs the   labor. These costs will be estimated and charged in 15 minute time increments; all partial time increments must be   rounded down. If the number of minutes   is less than 15, there is no charge.

 

Hourly   Wage Charged: $________                                                              Charge per increment:   $_________

                 OR

Hourly Wage   with Fringe Benefit Cost: $________                                                   OR

Multiply   the hourly wage by the percentage multiplier: ______%

and   add to the hourly wage for a total per hour rate.                                    Charge per increment: $_________

 

        Requestor has stipulated that some /   all of the requested records that are already available on the City   website be provided in a paper or non-paper physical digital medium.

 

        Overtime rate charged as stipulated   by Requestor

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

To figure the number of increments, take the number of minutes:

____, divide   by
15, and round down.

Enter below:

 

Number of   increments

 

x __________ =

 

 

 

 

 

 

 

To figure the number of increments, take the number of minutes:

____, divide   by
15, and

round down.

Enter below:

 

Number of   increments

 

x __________ =

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

3.

Labor   Cost

 

$_________

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

4.   Web

Labor   Cost

 

$_________

 

 

5.   Labor Cost for Separating Exempt from Non-Exempt (Redacting): Material   Not on

    the City Website

 

The   City will not charge for labor directly associated with redaction if it knows   or has reason to know that it previously redacted the record in question and   still has the redacted version in its possession.

 

This fee is   being charged because failure to do so will result in unreasonably high costs   to the City that are excessive and beyond the normal or usual amount for   those services compared to the City’s usual FOIA requests, because of the   nature of the request in this particular instance, specifically:_______________________________________________________________________________

_________________________________________________________________________________________

This   is the cost of labor of a City employee, including necessary review,   directly associated with separating and deleting exempt from nonexempt   information. This shall not be more than the hourly wage of the City’s lowest-paid employee   capable of separating and deleting exempt from nonexempt information in this   particular instance, regardless of whether that person is available or who   actually performs the labor.

 

These   costs will be estimated and charged in 15   minute time increments; all partial time increments must be rounded down.   If the number of minutes is less than   15, there is no charge.

 

Hourly   Wage Charged: $________                                                      Charge per increment:   $_________

                 OR

Hourly Wage   with Fringe Benefit Cost: $________                                         OR

Multiply   the hourly wage by the percentage multiplier: ____%

(up to 50% of the hourly wage) and add   to the

hourly   wage for a total per hour rate.                                                      Charge per increment:   $_________

 

        Overtime rate charged as   stipulated by Requestor (overtime is   not used to calculate the fringe benefit cost)

 

 

 

 

6.   Copying / Duplication Cost:

 

Copying   costs may be charged if a copy of a public record is requested, or for the   necessary copying of a record for inspection (for example, to allow for blacking out exempt information, to protect   old or delicate original records, or because the original record is a digital   file or database not available for public inspection).

 

No more than   the actual cost of a sheet of paper, up to maximum 10 cents per   sheet for:

 

  • Letter (8 ½ x        11-inch, single and double-sided): _____ cents per sheet
  • Legal (8 ½ x        14-inch, single and double-sided): _____ cents per sheet

 

No   more than the actual cost of a sheet of paper for other paper   sizes:

 

  • Other        paper sizes        (single and double-sided): ______        cents / dollars per sheet

 

Actual and   most reasonably economical cost of non-paper   physical digital media:

 

  • Circle applicable:  Disc /        Tape / Drive / Other Digital Medium           Cost        per Item:        ___________

 

The cost of paper copies must be calculated as a total cost per sheet of paper. The   fee cannot exceed 10 cents per   sheet of paper for copies of public records made on 8-1/2- by 11-inch paper   or 8-1/2- by 14-inch paper. The City must   utilize the most economical means available for making copies of public   records, including using double-sided printing, if cost saving and available.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

To figure the number of increments, take the number of minutes:

____, divide   by
15, and

round down.

Enter below:

 

Number of   increments

 

x __________ =

 

 

 

 

 

 

 

 

 

Number   of Sheets:

 

x __________ =

x __________ =

 

 

 

x __________ =

 

 

 

x   __________ =

 

No.   of Items:

 

x __________ =

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

5.

Labor   Cost

 

$_________

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Costs:

 

$_________

$_________

 

 

$_________

 

6.   Total Copy Cost

$_________

 

 

7.   Mailing Cost:

 

The   City will charge the actual cost of mailing, if any, for sending records in a   reasonably economical and justifiable manner. Delivery confirmation is not   required.

 

  • The        City may charge for the least expensive form of postal        delivery confirmation.
  • The        City cannot charge more for expedited shipping or insurance        unless specifically requested by the requestor.*

 

Actual Cost   of Envelope or Packaging: $__________

Actual Cost   of Postage:   $___________ per stamp

$___________   per pound

$_________   per package

Actual   Cost (least expensive) Postal Delivery Confirmation: $_________

 

*Expedited   Shipping or Insurance as Requested: $________

 

 

 

        * Requestor has requested expedited   shipping or insurance

 

 

 

 

 

 

 

 

 

Number   of Envelopes or Packages:

 

x __________ =

 

x __________ =

x __________ =

x __________ =

 

x __________ =

 

x _________

 

 

 

 

Costs:

 

$_________

 

$_________

$_________

$_________

 

$_________

 

$_________

 

7.   Total

Mailing   Cost

 

$_________

 

 

 

 

 

  Cost       estimate

  Bill

 

 

  8. Subtotal Fees Before Waivers,   Discounts or Deposits:                                    

 

Estimated Time Frame to Provide Records:

 

_________________________ (days or date)

 

The time frame estimate is nonbinding upon the       City but the City is providing the estimate in good faith. Providing an       estimated time frame does not relieve the City from any of the other       requirements of this act.

 

 

 

1.   Records on the City Website:

2. Labor   Cost to Locate:

3. Labor   Cost for Copying:

4. Labor   Cost for Copying Records on Website:

5. Labor   Cost to Redact:

6.   Copying/Duplication Cost:

7. Mailing   Cost:

 

8. Subtotal   Fees:

 

 

 

 

9.   Good Faith Deposit:

 

If the estimated cost of responding to this   request exceeds $50.00, the City may collect up to 50% of that estimate   (i.e., 50% of the amount on line 8) before responding.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

x   50%

 

 

 

 

No Charge

 

$_________

$_________

$_________

$_________

$_________

$_________

 

$_________

 

 

 

 

 

9.   Good Faith Deposit

 

$__________

 

 

 

10.   Waiver: Public Interest

A search for a public record may be conducted or copies of   public records may be furnished without charge or at a reduced charge if the   City determines, upon request, that a waiver or reduction of the amount on   line 8 above is in the public interest because searching for or furnishing   copies of the public record can be considered as primarily benefiting the   general public.

                                                    All fees are waived       OR                All fees are reduced by:   __________%   

 

Subtotal   from Line 8 Above as Affected by the City’s Decision Re: Requested  Waiver:

 

 

 

 

 

 

$_________

 

 

11. Discount: Indigence
A public record search must   be made and a copy of a public record must be furnished without   charge for the first $20.00 of the   fee for each request by an individual who is entitled to   information under this act and who:

 

1) Submits an   affidavit stating that the individual is indigent and receiving specific   public assistance, OR

 

2) If   not receiving public assistance, stating facts showing inability to pay the   cost because of indigence.

 

If   a requestor is ineligible for the discount, the public body shall inform the   requestor specifically of the reason for ineligibility in the public body’s   written response. An individual is ineligible for this fee reduction if ANY of the following apply:

 

(i)   The individual has previously received discounted copies of public records from   the same public body twice during that calendar year, OR

 

(ii)   The individual requests the information in conjunction with outside parties   who are offering or providing payment or other remuneration to the individual   to make the request. A public body may require a statement by the requestor   in the affidavit that the request is not being made in conjunction with   outside parties in exchange for payment or other remuneration.

 

                                                                                                                       Eligible   for Indigence Discount

  

 

 

 

 

 

 

 

 

 

 

 

 

 

Subtotal Fees After Discount

(subtract $20 if eligible, otherwise   enter amount from Line 10):

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

$_________

 

 

12. Discount: Nonprofit   Organization
A public record search must   be made and a copy of a public record must be furnished without   charge for the first $20.00 of the fee for each request by a   nonprofit organization formally designated by the state to carry out   activities under subtitle C of the federal Developmental Disabilities   Assistance and Bill of Rights Act of 2000 and the federal Protection and   Advocacy for Individuals with Mental Illness Act, if the request meets ALL of the following requirements:

(i)   Is made directly on behalf of the organization or its clients.

 

(ii)   Is made for a reason wholly consistent with the mission and provisions of   those laws
under section 931 of the Michigan Mental Health Code, 1974 PA 258, MCL   330.1931.

 

(iii)   Is accompanied by documentation of its designation by the state, if requested   by the City.

 

                                                                                                                       Eligible   for Nonprofit Discount

  

 

 

 

 

 

 

 

Subtotal Fees After Discount

(subtract $20 if eligible, otherwise   enter amount from Line 11):

 

 

 

 

 

 

 

 

 

 

 

 

 

$_________

     
 

13.   Deposit: Previously Paid

The City may require a good-faith deposit before   providing the public records to the requestor if the entire fee estimate or charge authorized under this section   exceeds $50.00, based on a good-faith calculation of the total fee. The   deposit cannot exceed 1/2 of the total estimated fee.        Percent of Deposit: 50%

 

 

 

 

Date   paid:

___________

 

 

13a.

 

$_________

 

Deposit:   Increased Deposit Due to Previous FOIA Fees Not Paid In Full
After the City has granted and   fulfilled a written request from an individual under this act, if the City   has not been paid in full the total amount of fees for the copies of public   records made available to the individual as a result of that written request,   the City may require an increased   estimated fee 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:

 

(a)   The final fee for the prior written request was not more than 105% of the   estimated fee.

(b)   The public records made available contained the information being sought in   the prior written request and are still in the City’s possession.

(c)   The public records were made available to the individual, subject to payment,   within the best effort estimated time frame given for the previous request.

(d)   Ninety (90) days have passed since the City notified the individual in   writing that the public records were available for pickup or mailing.

(e)   The individual is unable to show proof of prior payment to the City.

(f)   The City calculates a detailed itemization, as required under MCL 15.234, that   is the basis for the current written request’s increased estimated fee   deposit.

 

The City can no longer require an increased estimated fee deposit from   an individual if ANY of the   following apply:

 

(a)   The individual is able to show proof of prior payment in full to the City, OR

(b)   The City is subsequently paid in full for the applicable prior written   request, OR

(c)   Three hundred sixty-five (365) days have passed since the individual made the   written request for which full payment was not remitted to the City.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Date   paid:

___________

 

 

 

 

 

 

 

 

Percent   Deposit Required

 

________%

 

13b

Deposit

Required

$_________

 

13c

Balance   from Line 12 after deducting any previously paid deposit.

$__________

 

14.   Late Response Labor Costs Reduction

If the City does not   respond to a written request in a timely manner as required under MCL 15.235(2),   the City must do the following:

 

(a)   Reduce the charges for labor costs   otherwise permitted by 5% for each day the City exceeds the time permitted   for a response to the request, with a   maximum 50% reduction.

 

 

 

 

 

 

 

 

 

 

 

15.   Balance Due (Deduct amount on Line 14 from amount on Line 13c)

 

Number   of Days Over Required Response Time:

 

____________

 

Multiply   by 5%

 

=   Total Percent

Reduction:

____________

 

 

Date   Paid

__________

Total   Labor Costs

 

$_________

 

Minus   Reduction

 

$_________

 

 

=   Reduced Total Labor Costs

$_________

 

Total   Balance Due:

 

$__________

 

 

 

The   Public Summary of the City’s FOIA Procedures and Guidelines is available free   of charge from:

Website:_______________________________________   Email: ___________________________________

Phone:   ____________________    Address:______________________________________________________

 

Request Will Be Processed But   Balance Must Be Paid Before Copies May Be Picked Up, Delivered, or   Mailed

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Form presented for Adoption by the Memphis City Council:  June 16, 2015


 

Posted in FOIA PROCEDURES AND GUIDELINES | Leave a comment

FREEDOM OF INFORMATION ACT PROCEDURES AND GUIDELINES

CITY OF MEMPHIS

FREEDOM OF INFORMATION ACT PROCEDURES & GUIDELINES

Preamble: Statement of Principles

It is the policy of the City of Memphis that all persons, except those who are serving a sentence of imprisonment*, consistent with the Michigan Freedom of Information Act (FOIA), 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 employees. The people shall be informed so that they fully participate in the democratic process.

The City of Memphis policy with respect to FOIA requests is to comply with State law in all respects and to respond to FOIA requests in a consistent, fair, and even-handed manner regardless of who makes such a request.

The City of Memphis acknowledges that it has a legal obligation to disclose all nonexempt public records in its possession pursuant to a FOIA request. The City of Memphis acknowledges that sometimes it is necessary to invoke the exemptions identified under FOIA in order to ensure the effective operation of government and to protect the privacy of individuals.

The City of Memphis will protect the public’s interest in disclosure, while balancing the requirement to withhold or redact portions of certain records. The City of Memphis’s policy is to disclose public records consistent with and in compliance with State law.

Section 1: General Policies

The City Council acting pursuant to the authority at MCL 15.236 designates the City Clerk as the FOIA Coordinator. He or she is authorized designate other City staff to act on his or her behalf to accept and process written requests for the City’s public records and approve denials.

 

 

If a request for a public record is received by facsimile or e-mail, the request is deemed to have been received on the following business day.  If a request is sent by e-mail and delivered to a City spam or junk-mail folder, the request is not deemed received until one day after the FOIA Coordinator first becomes aware of the request.  The FOIA Coordinator shall note in the FOIA log both the date the request was delivered to the spam or junk-mail folder and the date the FOIA Coordinator became aware of the request.

The FOIA Coordinator shall review City spam and junk-mail folders on a regular basis, which shall be no less than once a month. The FOIA Coordinator shall work with City staff to develop administrative rules for handling spam and junk mail so as to protect City systems from computer attacks which may be imbedded in an electronic FOIA request.

The FOIA Coordinator may, in his or her discretion, implement administrative rules, consistent with State law and these Procedures and Guidelines to administer the acceptance and processing of FOIA requests.

The City is not obligated to create a new public record or make a compilation or summary of information which does not already exist. Neither the FOIA Coordinator nor other City staff are obligated to provide answers to questions contained in requests for public records or regarding the content of the records themselves.

The FOIA Coordinator shall keep a copy of all written requests for public records received by the City on file for a period of at least one year.

 Section 2: Requesting a Public Record

A person requesting to inspect or obtain copies of public records prepared, owned, used, possessed or retained by City of Memphis must do so in writing. The request must sufficiently describe a public record so as to enable City personnel to identify and find the requested public record.

No specific form to submit a request for a public record is required.

Written requests for public records may be submitted in person or by mail to any City office. Requests may also be submitted electronically by facsimile and e-mail. Upon their receipt, requests for public records shall be promptly forwarded to the FOIA Coordinator for processing.

A person may request that public records be provided on non-paper physical media, electronically mailed or other otherwise provided to him or her in lieu of paper copies. The City will comply with the request only if it possesses the necessary technological capability to provide records in the requested non-paper physical media format.

A person who makes a verbal, non-written request for information believed to be available on the City’s website, where practicable and to the best ability of the employee receiving the request, shall be informed of the pertinent website address.  If the person making the still wishes to receive a copy of the material, the cost of labor associated with duplication or publication will apply.

A person may subscribe to future issues of public records that are created, issued, or disseminated by the city on a regular basis.  A subscription is valid for up to 6 months and may be renewed by the subscriber.

A person serving a sentence of imprisonment in a local, state or federal correctional facility is not entitled to submit a request for a public record. The FOIA Coordinator will deny all such requests.

Section 3: Processing a Request

Unless otherwise agreed to in writing by the person making the request, within 5 business days of receipt of a FOIA request the City will issue a response. If a request is received by facsimile, e-mail or other electronic transmission, the request is deemed to have been received on the following business day. The City will respond to the request in one of the following ways:

  • · Grant the request.
  • · Issue a written notice denying the request.
  • · Grant the request in part and issue a written notice denying in part the request. · Issue a notice indicating that due to the nature of the request the City needs an         additional 10 business days to respond. Only one such extension is permitted.
    • · Issue a written notice indicating that the public record requested is available at     no charge on the City’s website.

 

If the request is granted, or granted in part, the FOIA Coordinator will require that payment be made in full for the allowable fees associated with responding to the request before the public record is made available. The FOIA Coordinator shall provide a detailed itemization of the allowable costs incurred to process the request to the person making the request. A website link to the City’s Procedures and Guidelines and Written Public Summary will be provided with the response.

If the cost of processing a FOIA request is $50 or less, the requester will be notified of the amount due and where the documents can be obtained.

If based on a good faith calculation by the City, the cost of processing a FOIA request is expected to exceed $50, or if the requestor has not fully paid for a previously granted request, the City will require a good-faith deposit before processing the request. In making the request for a good-faith deposit the FOIA Coordinator shall provide the requestor with a detailed itemization of the allowable costs estimated to be incurred by the City to process the request and also provide a best efforts estimate of a time frame it will take the City to provide the records to the requestor. The best efforts estimate shall be nonbinding on the City, but will be made in good faith and will strive to be reasonably accurate, given the nature of the request in the particular instance, so as to provide the requested records in a manner based on the public policy expressed by Section 1 of the FOIA.

If the request is denied or denied in part, the FOIA Coordinator will issue a Notice of Denial which shall provide in the applicable circumstance:

  • · An explanation as to why a requested public record is exempt from disclosure; or · A certificate that the requested record does not exist under the name or description provided by the requestor, or another name reasonably known by the City; or
  • · An explanation or description of the public record or information within a public record that is separated or deleted from the public record; and

· An explanation of the person’s right to submit an appeal of the denial to either the office of the Mayor or seek judicial review in the Circuit Court; and

· An explanation of the right to receive attorneys’ fees, costs, and disbursements as well actual or compensatory damages, and punitive damages of $1,000, should they prevail in Circuit Court.

  • · The Notice of Denial shall be signed by the FOIA Coordinator.

 

If a request does not sufficiently describe a public record, the FOIA Coordinator may, in lieu of issuing a Notice of Denial indicating that the request is deficient, seek clarification or amendment of the request by the person making the request. Any clarification or amendment will be considered a new request subject to the timelines described in this Section.

The City shall provide reasonable facilities and opportunities for persons to examine and inspect public records during normal business hours. The FOIA Coordinator is authorized to promulgate rules regulating the manner in which records may be viewed so as to protect City records from loss, alteration, mutilation or destruction and to prevent excessive interference with normal City operations.

The FOIA Coordinator shall, upon written request, furnish a certified copy of a public record at no additional cost to the person requesting the public record.

Section 4: Fee Deposits

If the fee estimate is expected to exceed $50.00 based on a good-faith calculation by the City, the requestor will be asked to provide a deposit not exceeding on-half of the total estimated fee.

If a request for public records is from a person who has not fully paid the City for copies of public records made in fulfillment of a previously granted written request, the FOIA Coordinator will require a deposit of 100% of the estimated processing fee before beginning to search for a public record for any subsequent written request by that person when all of the following conditions exist:

· The final fee for the prior written request is not more than 105% of the estimated fee;

  • · The public records made available contained the information sought in the prior written request and remain in the City’s possession;

· The public records were made available to the individual, subject to payment, within the time frame estimated by the City to provide the records;

  • · 90 days have passed since the FOIA Coordinator notified the individual in writing that the public records were available for pickup or mailing;
  • · The individual is unable to show proof of prior payment to the City; and
  • · The FOIA Coordinator has calculated a detailed itemization that is the basis for the current written request’s increased estimated fee deposit.

The FOIA Coordinator will not require an increased estimated fee deposit if any of the following apply:

· The person making the request is able to show proof of prior payment in full to the City;

· The City is subsequently paid in full for the applicable prior written request; or

  • · 365 days have passed since the person made the request for which full payment was not remitted to the City.

Section 5: Calculation of Fees

A fee will not be charged for the cost of search, examination, review and the deletion and separation of exempt from nonexempt information unless failure to charge a fee would result in unreasonably high costs to the City because of the nature of the request in the particular instance, and the City specifically identifies the nature of the unreasonably high costs. The following factors shall be used to determine an unreasonably high cost to the City:

· The particular request incurs costs greater than incurred from the typical or usual request received by the City. See Bloch v Davison Community Schools, 2011 Mich App Lexis 771, 2011 WL 1564645 6 (April 26, 2011)

  • · Volume of the public record requested

· Amount of time spent to search for, examine, review and separate exempt from non-exempt information in the record requested.

  • · Whether public records from more than one City department or various City offices is necessary to respond to the request.
  • · The available staffing to respond to the request.

· Any other similar factors identified by the FOIA Coordinator in responding to the particular request.

 

The City may charge for the following costs associated with processing a FOIA request:

 

  • · Labor costs directly associated with searching for, locating and examining a requested public record when failure to charge a fee will result in unreasonably high cost to the City.
  • · Labor costs associated with a review of a record to separate and delete information exempt from disclosure of information which is disclosed when failure to charge a fee will result in unreasonably high cost to the City.
  • · The actual cost of computer discs, computer tapes or other digital or similar media.
  • · The cost of duplication of publication, not including labor, of paper copies of public records.

· The cost of labor associated with duplication or publication, including making paper copies, making digital copies or transferring digital public records to non-paper physical media or through the Internet or other electronic means.

  • · The actual cost of mailing or sending a public record.

 

Labor costs will be calculated based on the following requirements:

 

  • ·The cost of labor directly associated with duplication, publication or transferring records to nonpaper physical media will be charged in 15 minute increments with all partial increments rounded down.   All other labor costs will be estimated and charged in 15 minute increments with all partial time increments rounded down† .

· Labor costs will be charged at the hourly wage of the lowest-paid City employee capable of doing the work in the specific fee category, regardless of who actually performs work. ‡In the event the City uses contract or outside labor to separate  and delete exempt material from non-exempt material, the public body must clearly note the name of person or firm who does the work and the total labor cost may not exceed an amount 6 times the state minimum hourly wage, which is currently $8.15.

· Labor costs will also include a charge to cover or partially cover the cost of fringe benefits. The City may add up to 50% to the applicable labor charge amount to cover or partially cover the cost of fringe benefits, but in no case may it exceed the actual cost of fringe benefits.

  • · Overtime wages will not be included in labor costs until agreed to by the requestor; overtime costs will not be used to calculate the fringe benefit cost.

The cost to provide records on non-paper physical media when so requested will be based on the following requirements:

  • · Computer disks, computer tapes or other digital or similar media will be at the actual and most reasonably economical cost for the non-paper media.

· This cost will only be assessed if the City has the technological capability necessary to provide the public record in the requested non-paper physical media format.

· In order to ensure the integrity and security of the City’s technological infrastructure, the City will procure any requested non-paper media and will not accept non-paper media from the requestor

The cost to provide paper copies of records will be based on the following requirements:

· Paper copies of public records made on standard letter (8 ½ x 11) or legal (8 ½ x 14) sized paper will not exceed $.10 per sheet of paper. Copies for nonstandard sized sheets of paper will reflect the actual cost of reproduction.

  • · The City may provide records using double-sided printing, if cost-saving and available.

The cost to mail records to a requestor will be based on the following requirements:

  • · The actual cost to mail public records using a reasonably economical and justified means.
  • · The City may charge for the least expensive form of postal delivery confirmation. · No cost will be made for expedited shipping or insurance unless requested. If the

FOIA Coordinator does not respond to a written request in a timely manner, the following shall be required:

· Reduce the labor costs by 5% for each day the City exceeds the time permitted under FOIA up to a 50% maximum reduction, if any of the following applies:

  • The late response was willful and intentional.
  • The written request, within the first 250 words of the body of a letter facsimile, e-mail or e-mail attachment conveyed a request for information
  • The written request included the words, characters, or abbreviations for “freedom of information”, “information”, “FOIA”, “copy” or a recognizable misspelling of such, or legal code reference to MCL 15. 231 et seq or 1976 Public Act 442 on the front of an envelope or in the subject line of an e-mail, letter or facsimile cover page.
  • Fully note the charge reduction in the Detailed Itemization of Costs Form

 

Section 6: Waiver of Fees

 

The cost of the search for and copying of a public record may be waived or reduced if in the sole judgment of the FOIA Coordinator a waiver or reduced fee is in the public interest because such can be considered as primarily benefitting the general public.

 

The FOIA Coordinator will waive the first $20.00 of the processing fee for a request if the person requesting a public record submits an affidavit stating that they are:

  • · indigent and receiving specific public assistance; or

· if not receiving public assistance stating facts demonstrating an inability to pay because of indigency.

An individual is not eligible to receive the waiver if:

  • · the requestor has previously received discounted copies of public records from the City twice* during the calendar year; or
  • ·the requestor requests information in connection with other persons who are offering or providing payment to make the request.

An affidavit is sworn statement. The FOIA Coordinator may make a Fee Waiver Affidavit Form available for use by the public.

 

A nonprofit organization designated to by the State to carry out activities under subtitle C of the Developmental Disabilities Assistance and Bill of Rights Act of 200 and the Protection and Advocacy for Individuals with Mental Illness Act, or their successors, if the request meets all of the following requirements:

  • · is made directly on behalf of the organization or its clients;
  • · is made for a reason wholly consistent with the mission and provisions of those laws under Section 931 of the Mental Health Code, MCL 330.1931;

· is accompanied by documentation of its designation by the State.

 

Section 7: 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 file an appeal of the denial with the Office of the Mayor.  The appeal must be in

writing, specifically state the word “appeal” and identify the reason or reasons the requestor is seeking a reversal of the denial.

Within 10 business days of receiving the appeal the Mayor will respond in writing by:

  • · reversing the disclosure denial;
  • · upholding the disclosure denial; or
  • · reverse the disclosure denial in part and uphold the disclosure denial in part.

· Under unusual circumstances, such as the need to examine or review a voluminous amount of separate and distinct public records or the need to collect the requested records from numerous facilities located apart from the office receiving or processing the request, the Mayor may issue not more than 1 notice of extension for not more than 10 business days to respond to the appeal

 

Whether or not a requestor submitted an appeal of a denial to the Mayor, he or she may file a civil action in Circuit Court within 180 days after the City’s final determination to deny the request.

 

If the court determines that the public record is not exempt from disclosure, the court will award the appellant reasonable attorneys’ fees, cost and disbursements. If the court determines that the appellant prevails only in part, the court in its discretion may award all or an appropriate portion of reasonable attorneys’ fees, costs and disbursements.

 

If the court determines that the City arbitrarily and capriciously violated the FOIA by refusing or delaying the disclosure of copies of a public record, it shall award the appellant punitive damages in the $1,000. Court shall also order that the public body pay a civil fine of $1000 to the general fund of the State treasury.

Section 8: Appeal of an Excessive FOIA Processing Fee††

 

If a requestor believes that the fee charged by the City to process a FOIA request exceeds the amount permitted by state law, he or she must first submit a written appeal for a fee reduction to the Office of the Mayor. The appeal must be in writing, specifically state the word “appeal” and identify how the required fee exceeds the amount permitted.

Within 10 business days after receiving the appeal, the Mayor will respond in writing by:

  • · Waive the fee;

· Reducing the fee and issuing a written determination indicating the specific basis that supports the remaining fee, accompanied by a certification by the Mayor that the statements in the determination are accurate and the reduced fee amount complies with these Procedures and Guidelines and Section 4 of the FOIA;

· Uphold the fee and issue a written determination indicating the specific basis under Section 4 of the FOIA that supports the required fee, accompanied by a certification by the Mayor that the statements in the determination are accurate and the fee amount complies with these Procedures and Guidelines and Section 4 of the FOIA; or

 

  • · Issue a notice detailing the reason or reasons for extending for not more than 10 business days the period during which the Mayor will respond to the written appeal.  The Mayor shall not issue more than 1 notice of extension for a particular written appeal.

 

Within 45 days after receiving notice of the Mayor’s determination of a fee appeal, a requestor may commence a civil action in Circuit Court for a fee reduction. If a civil action is filed appealing the fee, the City is not obligated to process the request for the public record until the Court resolves the fee dispute.

 

If the court determines that the City required a fee that exceeds the amount permitted, it shall reduce the fee to a permissible amount. If the appellant in the civil action prevails by receiving a reduction of 50% or more of the total fee, the

court may award all or appropriate amount of reasonable attorneys’ fees, costs and disbursements.

 

If the court determines that City has acted arbitrarily and capriciously by charging an excessive fee, the court shall also award the appellant punitive damages in the amount of $500.

 

Section 9: Conflict with Prior FOIA Policies and Procedures; Effective Date

 

To the extent that these Procedures and Guidelines conflict with previous FOIA policies promulgated by City Council or the City 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 conflict with any previous policy promulgated by the City Council or the City Administration, the administrative rule promulgated by the FOIA Coordinator is controlling.

 

To the extent that any provision of these Procedures and Guidelines or any administrative rule promulgated by the FOIA Coordinator pertaining to the release of public records is found to be in conflict with any State statute, the

applicable statute shall control. The FOIA Coordinator is authorized to modify this policy and all previous policies adopted by the City Council or the City Administration, and to adopt such administrative rules as he or she may deem necessary, to facilitate the legal review and processing of requests for public records made pursuant to Michigan’s FOIA statute, provided that such modifications and rules are consistent with State law. The FOIA Coordinator shall inform the City Council of any change these Policies and Guidelines.

 

These FOIA Policies and Guidelines become effective July 1, 2015.

 

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FOIA PUBLIC SUMMARY OF PROCEURES AND GUIDELINES

CITY OF MEMPHIS

WRITTEN PUBLIC SUMMARY OF FOIA PROCEDURES AND GUIDELINES

Consistent with Public Act 563 of 2014 amending the Michigan Freedom of Information Act (FOIA), the following is the Written Public Summary of the City’s FOIA Procedures and Guidelines relevant to the general public.

  1. How do I submit a FOIA request to the City of Memphis ?
  • Requests to inspect or obtain copies of public records prepared, owned, used, possessed or retained by the City of Memphis must be submitted in writing.
  • o A request must sufficiently describe a public record so as to enable the City to find it.
  • o No specific form to submit a written request is required. However a FOIA Request form for your use and convenience is available on the City’s website at www.memphismI.com
  • o Written requests can be made in person by delivery to any City office in person or by mail.
  • o Requests can also be made by facsimile by calling 810-392-2635 for non-Public Safety records .
  • o A request may also be submitted by e-mail. To ensure a prompt response, e-mail requests should contain the term “FOIA” or “FOIA Request” in the subject line and be sent to cityofmemphis@comcast.net

 

Note: If you are serving a sentence of imprisonment in a local, state or federal correctional facility you are not entitled to submit a request for a public record.

 

  1. What kind of response can I expect to my request?

 

  • o Within 5 business days of receipt of a FOIA request the City will issue a response. If a request is received by facsimile or e-mail the request is deemed to have been received on the following business day. The City will respond to your request in one of the following ways:

· Grant the request.

· Issue a written notice denying the request.

· Grant the request in part and issue a written notice denying in part the request.

· Issue a notice indicating that due to the nature of the request the City needs an additional 10     business days to respond.

· Issue a written notice indicating that the public record requested is available at no charge on the City’s website.

 

  • o If the request is granted, or granted in part, the City will ask that payment be made for the allowable fees associated with responding to the request before the public record is made available. If the cost of processing the request is expected to exceed $50, or if you have not paid for a previously granted request, the City will require a deposit before processing the request.

 

  1. What are the City’s fee deposit requirements?
  • o If the City has made a good faith calculation that the total fee for processing the request exceeds  $50.00, the City will require that you provide a deposit in the amount of 50% of the total estimated fee. When the City requests the deposit it will provide you a non-binding best efforts estimate of how long it will take to process the request following receipt by the City of your deposit.

 

o If the City receives a request from a person who has not paid the City for copies of public records made in fulfillment of a previously granted written request, the City will require a deposit of 100% of the estimated processing fee before it begins to search for the public record for any subsequent written request when all of the following conditions exist:

· the final fee for the prior written request is not more than 105% of the estimated fee;

· the public records made available contained the information sought in the prior written request and remain in the City’s possession;

· the public records were made available to the individual, subject to payment, within the time frame estimated by the City to provide the records;

  • · 90 days have passed since the City notified the individual in writing that the public records were available for pickup or mailing;

· the individual is unable to show proof of prior payment to the City; and

· the City has calculated an estimated detailed itemization that is the basis for the current written request’s increased fee deposit.

 

  • o The City will not require the 100% estimated fee deposit if any of the following apply:

· the person making the request is able to show proof of prior payment in full to the City;

· the City is subsequently paid in full for all applicable prior written requests; or

· 365 days have passed since the person made the request for which full payment was not remitted to the City.

 

4. How does the City calculate FOIA processing fees?

 

  • o A fee will not be charged for the cost of search, examination, review and the deletion and separation of exempt from nonexempt information unless failure to charge a fee would result in unreasonably high costs to the City because of the nature of the request in the particular instance, and the City specifically identifies the nature of the unreasonably high costs.

o The Michigan FOIA statute permits the City to assess and collect a fee for six designated processing components. The City may charge for the following costs associated with processing a request:

  • · Labor costs associated with searching for, locating and examining a requested public record.
  • · Labor costs associated with a review of a record to separate and delete information exempt from disclosure of information which is disclosed.
  • · The cost of computer discs, computer tapes or other digital or similar media when the requester asks for records in non-paper physical media.

· The cost of duplication or publication, not including labor, of paper copies of public records.

  • · Labor costs associated with duplication or publication, which includes making paper copies, making digital copies, or transferring digital public records to non-paper physical media or through the Internet.

· The cost to mail or send a public record to a requestor.

 

o Labor Costs

  • · All labor costs will be estimated and charged in 15 minute increments with all partial time increments rounded down.
  • · Labor costs will be charged at the hourly wage of the lowest-paid City employee capable of doing the work in the specific fee category, regardless of who actually performs work.
  • · Labor costs will also include a charge to cover or partially cover the cost of fringe benefits.

 

  • o Non-paper Physical Media
  • · The cost for records provided on non-paper physical media, such as computer discs, computer tapes or other digital or similar media will be at the actual and most reasonably economical cost for the non-paper media.

· This cost will only be assessed if the City has the technological capability necessary to provide the public record in the requested non-paper physical media format.

 

o Paper Copies

  • · Paper copies of public records made on standard letter (8 ½ x 11) or legal (8 ½ x 14) sized paper will not exceed $.10 per sheet of paper. Copies for non-standard sized sheets will paper will reflect the actual cost of reproduction.

· The City may provide records using double-sided printing, if cost-saving and available.

 

  • o Mailing Costs

· The cost to mail public records will use a reasonably economical and justified means.

· The City may charge for the least expensive form of postal delivery confirmation.

· No cost will be made for expedited shipping or insurance unless requested.

 

How do I qualify for a reduction of the processing fees?

  • o The City may waive or reduce the fee associated with a request when City determines that to do so is in the public interest because release of the information is considered as primarily benefitting the general public.

 

  • o The City will waive the first $20.00 of the processing fee for a request if you submit an affidavit stating that you are:
  • · indigent and receiving specific public assistance; or
  • · if not receiving public assistance, stating facts demonstrating an inability to pay because of indigency.

 

 

 

 

o You are not eligible to receive the $20.00 waiver if you:

  • · have previously received discounted copies of public records from the City twice during the calendar year; or

· are requesting information on behalf of other persons who are offering or providing payment to you to make the request.

 

  • o An affidavit is sworn statement. For your convenience the City has provided an Affidavit of Indigency form for the waiver of FOIA fees on its website.

 

o The City will waive the fee for an nonprofit organization which meets all of the following conditions:

  • · the organization is designated by the State under federal law to carry out activities under the Developmental Disabilities Assistance and Bill of Rights Act of 2000 and the Protection and Advocacy for Individuals with Mental Illness Act;

· the request is made directly on behalf of the organization or its clients;

· the request is made for a reason wholly consistent with the provisions of federal law under Section 931 of the Mental Health Code; and

  • · the request is accompanied by documentation of the organization’s designation by the State

 

6. How may I challenge the denial of a public record or an excessive fee?

 

o Appeal of a Denial of a Public Record

If you believe that all or a portion of a public record has not been disclosed or has been improperly exempted from disclosure, you may file an appeal of the denial with the Office of the Mayor. The appeal must be in writing, specifically state the word “appeal” and identify the reason or reasons you are seeking a reversal of the denial. Within 10 business days of receiving the appeal the Mayor will respond in writing by:

· 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 Mayor, you may file a civil action in Circuit Court within 180 days after the City’s final determination to deny your request. Should you prevail in the civil action the court will award you reasonable attorneys’ fees, costs and disbursements. If the court determines that the City acted arbitrarily and capriciously in refusing to disclose or provide a public record, the court shall award you damages in the amount of $1000.00

 

  • o Appeal of an Excessive FOIA Processing Fee

If you believe that the fee charged by the City to process your FOIA request exceeds the amount permitted by state law, you must first submit a written appeal for a fee reduction to the Office of the Mayor. The appeal must be in writing, specifically state the word “appeal” and identify how the required fee exceeds the amount permitted.

 

Within 10 business days after receiving the appeal, the Mayor will respond in writing by:

· waiving the fee;

· reducing the fee and issue a written determination indicating the specific basis that supports the remaining fee;

· upholding the fee and issue a written determination indicating the specific basis that supports the required fee; or

  • · issuing a notice detailing the reason or reasons for extending for not more than 10 business days the period during which the Mayor will respond to the written appeal.

 

Within 45 days after receiving notice of the Mayor’s determination of the processing fee appeal, you may commence a civil action in Circuit Court for a fee reduction. If you prevail in the civil action by receiving a reduction of 50% or more of the total fee, the court may award all or appropriate amount of reasonable attorneys’ fees, costs and disbursements. If the court determines that the City acted arbitrarily and capriciously by charging an excessive fee, court may also award you punitive damages in the amount of $500.00.

 

Need more details or information?

 

This is only a summary of the City of Memphis’s FOIA Procedures and Guidelines. For more details and information, copies of the City of Memphis’s FOIA Procedures and Guidelines are available at no charge at any City office and on the City’s website, www.memphismi.com

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Trash Pick Up

Trash pickup will be delayed one day due to the snow.  Will be picked up on February 6, 2015.  Thank you.

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PLANNING COMMISSION OPEN MEETING

The Planning Commission will have an Open Space Plan Meeting on December 10, 2014 at 6:30 p.m.  Would like to hear public comments.

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Performance Dashboard

2014 dashboard Workbook

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2014 dashboard

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City of Memphis F65 Report

Copy of F-65 2014 2

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TERROR TRAILS

The Memphis lions club will be holding a haunted trail every Friday, Saturday & Sunday in october at 34758 Pratt road in back by the pavillion.

$10.00 per person

12 & under $8.00


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