[nfbmi-talk] applies to state agencies like bsbp too

[joe harcz Comcast]

Open records at issue in Detroit conference Joel Kurth The Detroit News Comments . Detroit - Last year, Wayne County informed reporters that it would cost

some $1.8 billion if they wanted months of emails from Executive Robert Ficano and three former aides. The explanation: The county's computer network would

need to be backed up to retrieve a single email and lawyers would need to spend 66,000 hours - about 7 1/2 years working around the clock - reviewing all

the data. This fall, the Michigan State Police waited three weeks to turn over a one-page report about the alleged theft of a state cell phone from then-state

Treasurer Andy Dillon by his ex-wife. It included no names, few details and cost $1.19. Reporters, citizen watchdogs and lawyers throughout Michigan have

long swapped horror stories about costs charged under the Michigan Freedom of Information Act, which guarantees the right to public documents. Groups that

measure transparency and openness in government give the state middling or poor marks. Government leaders are expected to gather Monday for a forum on

open government in Detroit, but watchdogs say transparency is suffering statewide. Legislative reforms have gone nowhere this year, while government functions

increasingly are given to groups exempt from FOIA, such as the Detroit Economic Growth Corp. Combined with exceptions in lobbying and campaign finance

disclosures, that's a troubling trend, said Rich Robinson, director of the Michigan Campaign Finance Network. The cost of all this is not knowing whose

agenda is being served by legislative bodies," said Robinson, whose Lansing nonprofit tracks campaign finances. It's a mystery to me why more people don't

care. I guess transparency has become such an abstraction that people don't know what it looks like. Monday's forum on "building an honest and open government

in Detroit" at Wayne State University grew out of concerns after the racketeering conviction of former Detroit Mayor Kwame Kilpatrick. Speakers are expected

to include U.S. Attorney Gen. Eric Holder, by video, U.S. Attorney Barbara McQuade and Quicken Loans founder Dan Gilbert. Statewide, Michigan is at risk

for corruption, according the State Integrity Investigation, a project by the Center for Public Integrity, Global Integrity and Public Radio International.

It gave the state an 'F' in its report card last year on the "risk of corruption," ranking it 44th out of 50 states in terms of openness. Michigan is one

of the most difficult states in the country to get information in," said Pat Clawson, a former investigative reporter who now runs a process serving business

in Flint. Clawson said he wants to start a petition drive for a referendum to add an amendment to the Michigan constitution to ensure records are open.

The public records climate in Michigan is one of the worst in the nation," Clawson said. Most court records are public, but charge $1 to $2 per page for

copies. Records sought through FOIA can often cost hundreds if not thousands of dollars and take weeks to receive. The law allows agencies to charge the

salary of the lowest paid employee to process the request. It also gives agencies five business days to respond and extensions of 10 more for complicated

requests. Add in holidays or government furlough days and that can mean about a month. Any reform bill on FOIA faces a buzzsaw of opposition from local

government entities," said Michael Reitz, executive vice president of the Mackinac Center for Public Policy, a free-market think tank in Midland that has

sued the city of Westland over FOIA fees that require a $5 deposit. (Governments) have an objection that is appealing to conservatives: This costs us a

lot of money. This year, two efforts to ease the flow of information went nowhere in Lansing. One would have capped copying costs at 10 cents a page plus

wages for a staffer fulfilling the request. The other bill would have created a commission to investigate FOIA complaints and made recommendations. Efforts

to limit information, though, proceeded this month. The Senate passed a bill to bar the public from accessing criminal records of juveniles on a database

run by the Michigan State Police. The House passed a bill designed to thwart lawyers trolling for lawsuits by making car crash reports unavailable to everyone

except the media, insurance companies and accident victims for 30 days. Lawmakers also are considering legislation that would allow electronic court filing

systems to operate in Michigan and put the state Supreme Court in charge of setting fees. The system is running as a pilot in a handful of counties and

Clawson said fees can reach $15 for a single record. Government officials say processing FOIA requests takes time and money when both are in short supply.

Wayne County needs four staffers to process the 4,000 requests it receives each year, said June West, a county spokesman. The vast majority are not from

the media or concerned citizens, she said. It's lawyers and insurance companies looking for accident reports, title companies seeking foreclosure documents,

environmental consultants, political consultants doing opposition research," she said. That adds up to a lot of time on the taxpayers' dime. ... We're

trying to balance very limited resources. But there's a very big demand for information. In Westland, the city has been sued twice recently over its FOIA

fees. It lost a case with a Livonia law firm over its fees for police reports - $75 for police videos and at least $45.61 per hour copying costs of reports.

The Mackinac Center also sued over the $5 deposit. Westland Mayor William Wild said he thought the fees were fair. The city gets about 2,000 FOIA requests

per year, while its workforce has shrunk to 275 from 401 since 2007. This week, the Westland City Council changed the fees to charge only for labor, plus

$1 or 50 cents depending on the request. Residents tell us to operate more like a business and once we line up fees to align with our costs, we get the

Mackinac Center suing," Wild said. Every (government) is trying to strike a balance. We are trying to be transparent. Both Westland and Wayne County are

posting more information on the web. In 2011, Oakland County hired an intern who spent some 500 hours putting all contracts online. Since then, the number

of FOIA requests dropped, and the cost of some county contracts fell because competitors could easily access records before making bids, said Laurie VanPelt,

the county's director of management and budget. Oakland County Deputy Executive Phil Bertolini said the rationale was simple: "It is a public record. The

easier it is to get, the better. Not all agencies that handle taxpayer money are subject to FOIA. The law, for instance, grants exemptions to quasi-government

agencies such as the Detroit Economic Growth Corp. and the Michigan Economic Development Corp. that use tax breaks to attract businesses. The Detroit Economic

Growth Corp. is in line assumed more government operations amid Detroit's bankruptcy. It now oversees Detroit Works, a long-term land use plan, and proposals

have called for it to oversee the city's planning department. Other agencies including the Detroit Institute of Arts are exempt, so residents curious about

how the museum spent its money leading up to the city's bankruptcy are out of luck. The Michigan Legislature also has expanded exemptions in recent years

to a hodgepodge of groups, including the Michigan Unarmed Combat Commission that regulates boxing and mixed-martial arts. At a glance What: "Building an

Honest & Open Government in Detroit" leadership summit When: 9 a.m. to 3 p.m. Monday at Wayne State University Law School's Partrich Auditorium, 471 W.

Palmer, Detroit. Who: U.S. Attorney Gen. Eric Holder is expected to address the group by video. Other speakers include Quicken Loans founder Dan Gilbert,

Federal Bar Association president Michael K. Lee. More information: (313) 577-0300