It is the public policy of this state that all persons (except those persons incarcerated
in state or local 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.
The people shall be informed so that they may fully participate in the democratic
Consistent with the Michigan Freedom of Information Act (FOIA), Public Act 442 of
1976, the following is the Written Public Summary of Oakland Community College’s (OCC)
FOIA Procedures and Guidelines relevant to the general public.
A request must sufficiently describe a public record so as to enable OCC to find it.
What kind of response can I expect to my request?
- A request must sufficiently describe a public record so as to enable OCC to find it.
FULL NAME OF INDIVIDUAL (and company name, if applicable)
- A request from a person, other than an individual who qualifies as indigent under
MCL 15.234(2)(a), must include the requesting person's complete name, address, and
contact information, and, 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
STREET ADDRESS, SUITE #
CITY, STATE, ZIP CODE
- Contact information must include a valid telephone number or electronic mail address.
- Include the words “FOIA” or “FOIA Request” in the request to assist OCC in providing
a prompt response.
- Requests to inspect or obtain copies of public records prepared, owned, used, possessed
or retained by OCC may be submitted in writing (letter, fax, email, etc.), or by verbal
Oakland Community College
- Written requests may be submitted to OCC’s FOIA Coordinator in person or via U.S.
mail, facsimile or electronic mail to:
Attention: FOIA Coordinator
2900 Featherstone Rd.
Auburn Hills, MI 48326-2845
What are OCC's deposit requirements?
- Within five (5) business days after receiving a FOIA request, OCC will issue a response.
If a request is received by fax or email, the request is deemed to have been received
on the following business day. OCC will respond to your request in one of the following
- 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, OCC needs an additional
ten (10) business days to respond for a total of no more than fifteen (15) business
days. Only one such extension is permitted; or
- Issue a written notice indicating that the public record requested is available at
no charge on OCC’s website
- If the request is granted, or granted in part, OCC 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 a FOIA request is $50.00 or less, the requester will be
notified of the amount due and where the documents can be obtained.
- If the cost of processing the request is expected to exceed $50.00, or if you have
not paid for a previously granted request, OCC will require a deposit before processing
How does OCC calculate FOIA processing fees?
- If OCC has made a good faith calculation that the total fee for processing the request
will exceed $50.00, OCC will require that you provide a deposit in the amount of 50%
of the total estimated fee. Payment may be made by check, money order or credit card
as detailed on the response form. When OCC requests the deposit, it will provide a
non-binding best efforts estimate of how long it will take to process the request
after you have paid your deposit. Deposits are non-refundable.
- If OCC receives a request from a person who has not paid OCC for copies of public
records made in fulfillment of a previously granted written request, OCC 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
- The final fee for the prior written request is not more than 105% of the estimated
- The public records made available contained the information sought in the prior written
request and remain in OCC’s possession;
- The public records were made available to the individual, subject to payment, within
the best effort time frame estimated by OCC to provide the records;
- Ninety (90) days have passed since OCC 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 OCC; and
- OCC has calculated an estimated detailed itemization that is the basis for the current
written request’s increased fee deposit.
- OCC 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 OCC;
- OCC is subsequently paid in full for all applicable prior written requests; or
- Three hundred sixty five (365) days have passed since the person made the request
for which full payment was not remitted to OCC.
- If a deposit is not received by OCC within 48 days from the date that the notice of
deposit requirement is sent, 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 OCC is no longer required to fulfill the request. Notice of a deposit requirement
must include notice of the date by which the deposit must be received, which date
is 48 days after the date the notice is sent.
- The College will treat multiple concurrent FOIA requests on the same topic(s) and/or
regarding the same record keeper(s) and from the same person as one FOIA request for
purposes of determining whether the fee is below $50.00.
How do I qualify for an indigence discount on the fee?
The Michigan FOIA statute permits OCC to charge for the following costs associated
with processing a request:
- Labor costs associated with copying or duplication, which includes making paper copies,
making digital copies, or transferring digital public records to non-paper physical
media or through the Internet.
- Labor costs associated with searching for, locating and examining a requested public
record, when failure to charge a fee will result in unreasonably high costs to OCC.
- Labor costs associated with a review of a record to separate and delete information
exempt from disclosure, when failure to charge a fee will result in unreasonably high
costs to OCC.
- The cost of copying or duplication, not including labor, of paper copies of public
records. This may include the cost for copies of records already on OCC’s website
if you ask for OCC to make copies.
- The cost of computer discs, computer tapes or other digital or similar media when
the requester asks for records in non-paper physical media. This may include the cost
for copies of records already on OCC’s website if you ask for OCC to make copies.
- The cost to mail or send a public record to a requestor.
- All labor costs will be estimated and charged in 15-minute increments, with all partial
time increments rounded down. If the time involved is less than 15 minutes, there
will be no charge.
- Labor costs will be charged at the hourly wage of the lowest-paid College employee
capable of doing the work in the specific fee category, regardless of who actually
- Labor costs will also include a charge to cover or partially cover the cost of fringe
benefits. College 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 unless agreed to by the requestor;
overtime costs will not be used to calculate the fringe benefit cost.
- Contracted labor costs will be charged at six times Michigan’s current minimum wage
A labor cost will not be charged for the 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 OCC. Costs are unreasonably high when they
are excessive and beyond the normal or usual amount for those services compared to
OCC’s usual FOIA requests, because of the nature of the request in the particular
instance. OCC must specifically identify the nature of the unreasonably high costs
Copying and Duplication
A fee may be charged for the labor cost of copying/duplication. OCC will use the most
economical method for making copies of public records, including using double-sided
printing, if cost-saving and available.
Non-paper Copies on 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 be charged only if OCC has the technological capability necessary to
provide the public record in the requested non-paper physical media format.
- 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 cost to mail public records will use a reasonably economical and justified means.
- OCC may charge for the least expensive form of postal delivery confirmation.
- No cost will be made for expedited shipping or insurance unless you request it.
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 it can be considered as primarily benefitting the general
May a nonprofit organization receive a discount on the fee?
The FOIA Coordinator will discount the first $20.00 of fees 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 indigence.
You are not eligible to receive the $20.00 discount if you:
- Have previously received discounted copies of public records from OCC 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.
How may I challenge the denial of a public record or an excessive fee?
A nonprofit organization advocating for developmentally disabled or mentally ill individuals
that is 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,
Public Law 106-402, and the protection and advocacy for individuals with mental illness
act, Public Law 99-319, may receive a $20.00 discount if the request meets all of
the following requirements in the Act:
- 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, 1974 PA 258, MCL 330.1931.
- Is accompanied by documentation of its designation by the state, if requested by the
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 appeal by filing a written appeal
of the denial with the Chancellor at firstname.lastname@example.org.
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 ten (10) business days of receiving the appeal, the Chancellor 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 Chancellor, you may file
a civil action in Oakland County Circuit Court within 180 days after OCC’s final determination
to deny your request. If you prevail in the civil action the court will award you
reasonable attorneys’ fees, costs and disbursements. If the court determines that
OCC acted arbitrarily and capriciously in refusing to disclose or provide a public
record, the court shall award you damages in the amount of $1,000.
Appeal of an Excess FOIA Processing Fee
If you believe that the fee charged by OCC to process your FOIA request exceeds the
amount permitted by state law, you must first file a written appeal for a fee reduction
to the office of the Chancellor.
The appeal must specifically state the word “appeal” and identify how the required
fee exceeds the amount permitted.
Within ten (10) business days after receiving the appeal, the Chancellor 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 Chancellor will respond to the written appeal.
Within forty-five (45) days after receiving notice of the Chancellor’s determination
of the processing fee appeal, you may commence a civil action in Oakland County 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
OCC acted arbitrarily and capriciously by charging an excessive fee, court may also
award you punitive damages in the amount of $500.