FOIA FAQs

Who can make a FOIA request?

The FOIA allows that "persons" have the rights to access and request public records. However, an individual serving a sentence in a federal, state, or county correctional facility is not entitled to make a request.

How can I make a FOIA request?

FOIA requests must be submitted in writing, include the requestors name and contact information, and must describe the requested records in sufficient detail to allow the records to be located. The fastest and best way to submit a FOIA request to the City is through this portal. If you submit a request in any other manner, then your request will be transcribed or uploaded to this portal and processed. It is recommended that you include the words "FOIA" or "FOIA Request" in any communication you make with the City outside of this portal. Before making a request, we also recommend that you first look to see if the information you would like to request is already publicly available.

What can I request under the FOIA?

A FOIA request can be made for any public record prepared, owned, used, possessed, or retained by the City in the performance of its official functions. You may specify the format you wish to receive the records (i.e., printed or electronically) and the City will comply with the request to the degree it has capabilities to do so. However, the FOIA does not require the City to create new records or compile information.

Are there any FOIA exemptions?

Yes. The FOIA contains several listed exemptions to releasing public records in MCL 15.243. The City may exempt certain material from requests and send records that contain only nonexempt material, or it may deny the request outright.

Why did I receive a partial denial of my request?

The records requested likely contained material that was exempt under the FOIA. In addition, some information is protected by other statutes, such as the Body-Worn Camera Privacy Act, the Health Insurance Portability and Accountability Act (HIPAA), and the Crime Victim's Rights Act, which requires the City to redact certain information.

Can I request 911 recordings with this portal?

No. 911 Dispatch is a function of the Calhoun County Consolidated Dispatch Authority. Requests for those recordings must be made with that entity.

What kind of response can I expect to my FOIA request?

When making a FOIA request through the City’s online portal, you will receive (via email):

1. (Within 24 Hours of Request) A confirmation response stating that your FOIA request has been received which will contain a link to the City’s FOIA policies and procedures (which detail the collection of fees, your rights to appeal decisions, etc.).
2. (Within 5 Business Days) The City’s initial response to your FOIA request granting your request, granting it in part and denying it in part, denying it, or alerting you that the information you requested is publicly available or available elsewhere. A good faith fee estimate will also be included if the estimated cost is in excess of $50.
   1. The City may send you a message at this time notifying you that a response will take an additional 10 days .
3. (Variable, Depending on Request) The responsive documents you requested from the City. The City will attempt to provide these documents within the good faith time estimate provided to you after you have paid any fees or deposits required in the response sent in #2. If you requested to view the documents in person, a message will be sent to you confirming that the documents are ready for your review with information on how to schedule a time to review them.

How long will it take for you to respond to my FOIA request?

The City of Battle Creek has 5 business days to respond to a FOIA request and may extend that response an additional 10 days by notifying the requestor. Review and production of requested records will occur as soon as reasonably practical. If a good faith estimate is required, collection and review of requested records will take place after we have received payment of that estimate.

Is there a cost to receive records under the FOIA?

Yes. As part of the City’s response to your request, if the request is granted or granted in part, you will receive a “good faith fee estimate” if the estimated cost will exceed $50. This estimate will break down the costs of your request as allowed by Michigan law. If a fee estimate is provided to you, you will be expected to pay the required fee before any documents are produced for your request. If the estimate is over $50, a deposit of half of that amount shall be required. If the total cost is estimated to be less than $50, the total cost of your FOIA request must be paid before you receive any records.

A good faith deposit, if required, must be paid within 45 days, or the request is considered abandoned.

How will I receive the requested records?

Information will be given to requestors via this portal or by regular mail or email; a requestor may also ask to pick up physical copies of the documents and may schedule a time to do so during normal business hours.

How may I challenge the denial of a public record or an excessive fee?

The City’s policy and procedures document details how you may challenge the denial of your record request or challenge what you believe to be an excessive fee imposed by the City. You may find that document on the City's website, https://www.battlecreekmi.gov/953/FOIA-Request.