Michigan FOIA Knowledge Center
Who Is Subject to Michigan FOIA?
The first practical question is not what to write—it is who possesses the record. Michigan has more than 10,000 public bodies, and related records may be divided among several of them.
Covered bodies
The statutory definition includes state executive agencies and officers, legislative agencies and bodies, and county, city, township, village, intercounty, school, special-district, and other governmental bodies described by the Act.
Important exclusions and separate systems
The statutory definition excludes specified offices, and judicial records are generally accessed through court rules and court systems rather than ordinary FOIA. Some records are maintained by a separate authority or contractor.
Find the actual custodian
Ask which body created, received, used, or retained the record in performing an official function. A city police department, county dispatch authority, prosecutor, and court may each possess different records about the same event.
One event may require several requests
Government records follow functions, not the way a member of the public thinks about an event. After a traffic stop, the police agency may hold reports and video, a dispatch authority may hold 911 and radio records, the prosecutor may hold charging materials, and the court may maintain a separate judicial file.
Before sending, ask who created or uses the record in its work. Sending the same broad request to every related body can create duplicate productions and unnecessary fees; dividing the categories according to custody usually works better.
Requester checklist
- Official function
- Correct level of government
- Actual custodian
- Separate court or statutory system
- FOIA coordinator
- Submission method
Primary sources
External authorities control. Confirm the current statute, decision, policy, and local procedures before relying on them.