| Section: |
Business and Support Operations |
Section Number: |
3.18.1 |
| Subject: |
Freedom of Information Act |
Date of Present Issue: |
12/08/95 |
| |
Date of Previous Issues:
10/77, 08/95 |
POLICY:
The president, or designee, shall promulgate rules and procedures for implementation
of the Freedom of Information Act and for the protection of the University's
public records as well as to prevent excessive and unreasonable interference
with the discharge of the University's functions.
Lake Superior State University will grant all information requests which are
to be disclosed under the standards of the Michigan Freedom of Information
Act. All University personnel shall endeavor to assist, guide and cooperate
with those persons requesting information in conformity with the Michigan Freedom
of Information Act and the rules and procedures of the University.
In general, all records except those specifically cited as exceptions are
covered by the Act. It does not matter what form the record is in. The act
applies to any handwriting, typewriting, printing, photostating, photographing,
photocopying and every other means of recording. It includes letters, words,
pictures, sounds or symbols, or combinations thereof, as well as papers, maps,
magnetic or paper tapes, photographic films or prints, microfilm, microfiche,
magnetic or punched cards, discs, drums, or other means of recording or retaining
meaningful content.
Procedure:
- Public access to records must be balanced with the right to individual
privacy. Each office will refer requests to the freedom of information officer
for records not authorized to be released by the supervisor or by statutory
exemptions to the Freedom of Information Act.
- The president is designated by the Board of Trustees as the chief freedom
of information officer. He shall have final authority with respect to all
matters involving information held or owned by the University. The assistant
to the president is the designee as freedom of information officer.
- Under ordinary circumstances, the records must be made available
immediately, but not later than five business days after the request
is received. The University can, under unusual circumstances, notify
the requester in writing and extend the time limit by ten days. If
the request is denied, written notice of the denial must be provided
to the requester within five days or within 15 days under unusual circumstances.
A failure to respond within the time limits, or failure to respond
at all, amounts to a denial.
- Public records may be inspected or copied only during regular
business hours. Hours may be limited or alternate locations
designated by the freedom of information officer if undue disruption
of University functions may occur.
- Special categories of information are exempt
from disclosure, to include: working papers
and research material, minutes of meetings,
official's voting records, and staff manuals;
records which affect the security of campus
and public property, or which would interfere
with the discharge of University functions;
fragile documents susceptible to damage; information
the release of which would substantially increase
cost of performing the University's educational
mission; specific information about an individual's
private affairs, if their right to have the
information protected from public scrutiny
is greater than the public's right to the information;
records which if disclosed would violate the
Family Educational Rights and Privacy Act (primarily
student records); information subject to the
attorney-client privilege or information subject
to other enunciated privileges such as counselor-client
and those recognized by statute or court rule;
appraisals of real property to be required
by a public body; test questions and answers,
scoring keys and other examination instruments;
medical counseling or psychological facts which
would reveal an individual's identity; information
which may deprive members of the University
community of property or reputation without
due process.
- The freedom
of information
officer may
make exceptions
to these rules
upon showing
of unusual
or compelling
need of the
information
in connection
with the informed
and full participation
by the requestor
in the democratic
processes.
Fee Structure for Provision of Public Records
The charge for provision of copies of public records reproduced by machine
such as Xerox will be computed on the following basis:
- Reproduction cost per page, not including labor, covers materials and operational
costs.
- A labor charge, which shall be calculated on the basis of actual time
spent in duplications of the requested records, mailing and cost of examination,
review, and deletion of exempt information as provided in Section 14 of
Act 422. Labor charge will be calculated on basis of lowest clerical rate
x .20, multiplied by actual time required, and cost of mailing if requested.
- Requested copies shall not be delivered to requestor until payment
of fees has been received by the University. A deposit may be required
as provided for in the Act.
- Fees for records which cannot be reproduced by processes
such as Xerox will be determined by the freedom of information
officer or designate, in consultation with appropriate officer
under whose jurisdiction said records are kept.
- The first twenty dollars worth of work must
be free for a person who is on welfare or presents
facts showing inability to pay because of indigency.
Freedom of Information Act
(Act No. 442, P.A. of 1976)
Log of Requests for Information Under Act 442
NAME OF PERSON REQUESTING: _____________________________________
DDRESS AND TELEPHONE NUMBER OF PERSON REQUESTING:______________
________________________________________________________________
________________________________________________________________
TIME, DATE, AND PLACE OF PRESENTATION OF REQUEST:_______________
________________________________________________________________
PERSON TO WHOM REQUEST WAS DIRECTED:____________________________
DESCRIPTION OF RECORD (-S) REQUESTED: __________________________
DISPOSITION OF REQUEST: ________________________________________
______________________________________
(signed)
______________________________________
(signed)
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