Romulus FOIA FAQ
How do I submit a FOIA request to the City?
• A request must sufficiently describe a public record so as to enable the City to find it.
• Please include the words “FOIA” or “FOIA Request” in the request to assist the City in providing a prompt response.
• Requests to inspect or obtain copies of public records prepared, owned, used, possessed or retained by the City may be submitted on the City’s FOIA Request Form in any other form of writing (letter, fax, email, etc.), or by verbal request.
o Any verbal request will be documented by the City on the City’s FOIA Request Form.
o No specific form to submit a written request is required. However, a FOIA Request Form and other FOIA-related forms are available for your use and convenience on the City’s website at: www.Romulusgov.com and at the Clerk’s office in “City Hall.”
• Written requests may be delivered to the City Hall in person or by mail to 11111 S. Wayne Road, Romulus, MI 48174.
• Requests may be faxed to (734) 942-7592. To ensure a prompt response, faxed requests should contain the term “FOIA” or “FOIA Request” on the first/cover page.
• Requests may be emailed to clerk@romulusgov.com. To ensure a prompt response, email requests should contain the term “FOIA” or “FOIA Request” in the subject line.
What kind of response can I expect to my request?
• Within 5 business days after receiving a FOIA request the City will issue a response. If a request is received by fax or email, the request is deemed to have been received on the following business day. The City will respond to your request in one of the following ways:
o Grant the request, o Issue a written notice denying the request,
o Grant the request in part and issue a written notice denying in part the request,
o Issue a notice indicating that due to the nature of the request the City needs an additional 10 business days to respond, or
o Issue a written notice indicating that the public record requested is available at no charge on the City’s website
• If the request is granted, or granted in part, the City will ask that payment be made for the allowable fees associated with responding to the request before the public record is made available.
• If the cost of processing the request is expected to exceed $50, or if you have not paid for a previously granted request, the City will require a deposit before processing the request.
What are the City’s deposit requirements?
• If the City has made a good faith calculation that the total fee for processing the request will exceed $50.00, the City will require that you provide a deposit in the amount of 50% of the total estimated fee. When the City requests the deposit, it will provide you a non-binding best efforts estimate of how long it will take to process the request after you have paid your deposit.
• If the City receives a request from a person who has not paid the City for copies of public records made in fulfillment of a previously granted written request, the City will require a deposit of 100% of the estimated processing fee before it begins to search for the public record for any subsequent written request when all of the following conditions exist:
o The final fee for the prior written request is not more than 105% of the estimated fee;
o The public records made available contained the information sought in the prior written request and remain in the City’s possession;
o The public records were made available to the individual, subject to payment, within the best effort time frame estimated by the City to provide the records;
o Ninety (90) days have passed since the City notified the individual in writing that the public records were available for pickup or mailing;
o The individual is unable to show proof of prior payment to the City; and
o The City has calculated an estimated detailed itemization that is the basis for the current written request’s increased fee deposit.
• The City will not require the 100% estimated fee deposit if any of the following apply:
o The person making the request is able to show proof of prior payment in full to the City;
o The City is subsequently paid in full for all applicable prior written requests; or
o Three hundred sixty-five (365) days have passed since the person made the request for which full payment was not remitted to the City
How does the City calculate FOIA processing fees?
The Michigan FOIA statute permits the City to charge for the following costs associated with processing a request:
• Labor costs associated with copying or duplication include making paper copies, making digital copies, or transferring digital public records to non-paper physical media or through the Internet.
• Labor costs associated with searching for, locating, and examining a requested public record when failure to charge a fee will result in unreasonably high costs to the City.
• Labor costs associated with a review of a record to separate and delete information exempt from disclosure when failure to charge a fee will result in unreasonably high costs to the City.
• The cost of copying or duplication, not including labor, of paper copies of public records. This may include the cost for copies of records already on the City’s website if you ask for the City to make copies.
• The cost of computer discs, computer tapes, or other digital or similar media when the requester asks for records in non-paper physical media. This may include the cost for copies of records already on the City’s website if you ask for the City to make copies.
• The cost to mail or send a public record to a requestor.
How may I challenge the denial of a public record or an excessive fee?
Appeal of a Denial of a Public Record
If you believe that all or a portion of a public record has not been disclosed or has been improperly exempted from disclosure, you may appeal to the City Council by filing a written appeal of the denial with the office of the Chairperson of Council or the Clerk.
The appeal must be in writing, specifically state the word “appeal” and identify the reason or reasons you are seeking a reversal of the denial. You may use the City FOIA Appeal Form (To Appeal a Denial of Records), which is available on the City’s website: www.Romulusgov.com.
Within ten (10) business days of receiving the appeal, the City Council will respond in writing by:
• Reversing the disclosure denial;
• Upholding the disclosure denial; or
• Reverse the disclosure denial in part and uphold the disclosure denial in part.
Whether or not you submitted an appeal of a denial to the City Council, you may file a civil action in Wayne County Circuit Court within 180 days after the City’s final determination to deny your request. If you prevail in the civil action, the court will award you reasonable attorneys’ fees, costs, and disbursements. If the court determines that the City acted arbitrarily and capriciously in refusing to disclose or provide a public record, the court shall award you damages in the amount of $1,000.
Appeal of an Excess FOIA Processing Fee
If you believe that the fee charged by the City to process your FOIA request exceeds the amount permitted by state law, you must first appeal to the City Council by filing a written appeal for a fee reduction to the office of the Chairperson of Council or the Clerk.
The appeal must specifically state the word “appeal” and identify how the required fee exceeds the amount permitted. You may use the City FOIA Appeal Form (To Appeal an Excess Fee), which is available at the Clerk’s office at City Hall or on the City’s website: www.Romulusgov.com.
Within ten (10) business days after receiving the appeal, the City Council will respond in writing by:
• Waiving the fee;
• Reducing the fee and issuing a written determination indicating the specific basis that supports the remaining fee;
• Upholding the fee and issuing a written determination indicating the specific basis that supports the required fee; or
• Issuing a notice detailing the reason or reasons for extending for not more than ten (10) business days the period during which the City Council will respond to the written appeal.
Within 45 days after receiving notice of the City Council’s determination of the processing fee appeal, you may commence a civil action in Wayne County Circuit Court for a fee reduction. If you prevail in the civil action by receiving a reduction of 50% or more of the total fee, the court may award all or appropriate amount of reasonable attorneys’ fees, costs, and disbursements. If the court determines that the City acted arbitrarily and capriciously by charging an excessive fee, the court may also award you punitive damages in the amount of $500
The City of Romulus Public Summary of FOIA Procedures and Guidelines can be found on the city's website by clicking the link ----> Public-Summary-of-FOIA-Procedures-and-Guidelines (romulusgov.com)