Mich. Comp. Laws » Michigan Compiled Laws / Chapter 15 / Act 442 of 1976

Mich. Comp. Laws § 15.244

Separation of exempt and nonexempt material; design of public record; description of material exempted.

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FREEDOM OF INFORMATION ACT


Act 442 of 1976


15.244 Separation of exempt and nonexempt material; design of public record; description of material exempted.

Sec. 14.

    (1)  If a public record contains material which is not exempt under section 13, as well as material which is exempt from disclosure under section 13, the public body shall separate the exempt and nonexempt material and make the nonexempt material available for examination and copying.

    (2) When designing a public record, a public body shall, to the extent practicable, facilitate a separation of exempt from nonexempt information. If the separation is readily apparent to a person requesting to inspect or receive copies of the form, the public body shall generally describe the material exempted unless that description would reveal the contents of the exempt information and thus defeat the purpose of the exemption.

History: 1976, Act 442, Eff. Apr. 13, 1977

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Act 442

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FOIA
Notes of Decisions
Cited in 40 cases (8 in the last 5 years), 1979–2025 · leading case: Herald Co. v. Eastern Michigan University Board of Regents
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Herald Co. v. Eastern Michigan University Board of Regents (2006) mich · cites it 12× “We also hold that, pursuant to MCL 15.244, the public body must "to the extent practicable, facilitate a separation of exempt from nonexempt information" and "make the nonexempt material available for examination and copying.”
Evening News Ass'n v. City of Troy (1983) mich · cites it 6× “MCL 15.244(1); MSA 4.1801(14X1). We answer both questions in the affirmative, and, therefore, we reverse.”
Walen v. Department of Corrections (1993) mich · cites it 4× “See MCL 15.244; MSA 4.1801(14). [19] The department has explained that the final orders and decisions from prison disciplinary hearings are not centrally filed.”
Herald Co., Inc. v. Tax Tribunal (2003) michctapp · cites it 4× “The trial court further concluded that defendants violated the separation and description section of the foia, MCL 15.244. A successor judge denied defendants’ motions for reconsideration and clarification, and awarded fees and costs to plaintiff.”
Herald Co. v. City of Bay City (2000) mich · cites it 2× “Importantly, even if the requested information was contained in public documents that also referenced embarrassing or intimate personal information (for example, medical data), the FOIA imposes on the city a duty to "separate the exempt and nonexempt material and make the…”
State News v. Michigan State University (2007) michctapp · cites it 3× “45 MCL 15.244; Herald Co, Inc v Eastern Michigan Univ Bd of Regents, supra at 482.”
Title Office, Inc. v. Van Buren County Treasurer (2004) mich “[MCL 15.244.] A search for a public record may be conducted or copies of the public record may be furnished without charge or a reduced charge if the public body determines that a waiver or reduction of the fee is in the public interest because searching for or furnishing copies…”
Kestenbaum v. Michigan State University (1982) mich “FOIA, § 14(1), MCL 15.244(1); MSA 4.1801(14)0). In the instant case, redaction of the exempt information — names and addresses of students — would render the computer tape useless to plaintiff Kestenbaum.”
Bitterman v. Village of Oakley (2015) michctapp “” MCL 15.244(1). Further, the FOIA provides that “[a] public body may charge a fee for a public record search, the necessary copying of a public record for inspection, or for providing a copy of a public record.”
City of Warren v. City of Detroit (2004) michctapp “” MCL 15.244(1). For these reasons, we conclude that the software program was a set of instructions distinct from the formula used to generate data and that the formula fell into the definition’s exception.”
Detroit Free Press, Inc. v. Department of Consumer & Industry Services (2001) michctapp “8 See Bradley, supra at 304 ; MCL 15.244. Affirmed. 1 Plaintiff’s request specified that it was not seeking documentation arising from complaints filed against medical insurers.”
Manning v. City of East Tawas (1999) michctapp “Herald Co, Inc v Ann Arbor Public Schools, 224 Mich App 266, 275 ; 568 NW2d 411 (1997); MCL 15.244(1); MSA 4.1801(14)(1). Accordingly, we hold that where the deliberations of a public body meeting in closed session concerned both exempt and nonexempt subject matter, a court may…”
Show all 40 citing cases →
— Mich. Comp. Laws § 15.244(1) — 25 cases
Evening News Ass'n v. City of Troy (1983) mich “MCL 15.244(1); MSA 4.1801(14X1). We answer both questions in the affirmative, and, therefore, we reverse.”
Herald Co. v. Eastern Michigan University Board of Regents (2006) mich “We also hold that, pursuant to MCL 15.244, the public body must "to the extent practicable, facilitate a separation of exempt from nonexempt information" and "make the nonexempt material available for examination and copying.”
Herald Co. v. City of Bay City (2000) mich “Importantly, even if the requested information was contained in public documents that also referenced embarrassing or intimate personal information (for example, medical data), the FOIA imposes on the city a duty to "separate the exempt and nonexempt material and make the…”
Herald Co., Inc. v. Tax Tribunal (2003) michctapp “The trial court further concluded that defendants violated the separation and description section of the foia, MCL 15.244. A successor judge denied defendants’ motions for reconsideration and clarification, and awarded fees and costs to plaintiff.”
Kestenbaum v. Michigan State University (1982) mich “FOIA, § 14(1), MCL 15.244(1); MSA 4.1801(14)0). In the instant case, redaction of the exempt information — names and addresses of students — would render the computer tape useless to plaintiff Kestenbaum.”
— Mich. Comp. Laws § 15.244(2) — 1 case
Herald Co. v. Eastern Michigan University Board of Regents (2006) mich “We also hold that, pursuant to MCL 15.244, the public body must "to the extent practicable, facilitate a separation of exempt from nonexempt information" and "make the nonexempt material available for examination and copying.”
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