Michigan FOIA Knowledge Center
What Is a Public Record Under Michigan FOIA?
A writing is not public merely because a government employee touched it, and it is not private merely because a contractor created it. The statutory definition centers on the record’s relationship to a public body’s official function.
The statutory definition
A public record includes a writing prepared, owned, used, possessed, or retained by a public body in performing an official function, from the time it is created. “Writing” is defined broadly and includes electronic means of recording information.
Possession is important but not always dispositive
Michigan decisions examine whether records created or held outside the body were nevertheless used or retained in the performance of an official function. A contractual relationship alone does not make every contractor record public.
Existing records
FOIA provides access to existing records. It generally does not require a public body to answer questions, perform research, or create a new compilation. Draft around records the body actually maintains.
Focus on use, possession, and official function
The location of a record is not the end of the analysis. Official business can occur in email, text messages, contractor systems, and other electronic platforms. At the same time, not every item found on a government device necessarily documents an official function.
Draft around the government activity and the records created, received, used, or retained in carrying it out. That formulation is usually more durable than focusing only on a particular device or account.
Requester checklist
- A writing
- Prepared/owned/used/possessed/retained
- Official function
- Existing record
- Correct public body
- Contractor relationship evaluated
Primary sources
- MCL 15.232—definitions
- Coblentz v City of Novi discussion
- Outside Legal Counsel PLC v County of Saginaw
External authorities control. Confirm the current statute, decision, policy, and local procedures before relying on them.