By MATT BROWN, Multimedia Director.
As continued from Part 1 of our “Sunshine Week” package, The Freedom of Information Act is a useful transparency tool to find everything from human remains to professor payroll.
The Delta Collegiate sent a FOIA requesting all Freedom of Information Act requests made to Delta College by the public from 2012-2014, and the responses given by Delta College.
In total, Delta College received 19 FOIA requests from 2012-2014. Most were granted and consisted of legal billing statements or various docuements for class projects.
Amended in was the opportunity to review and take notes on the related responses and supporting documents that accompany the FOIA requests, choosing select pages for copying.
Our request was granted, and after diving into the 19 FOIAs, here are the top three:
November 27, 2012:
Former Delta Biology professor Loretta Holtman requested, “A numerical estimation, to the nearest one hundred bones, of the full extent of the human skeletal remains owned or in the possession of Delta College,” and, “Copies of all purchase or intake documentation relating to any human remains owned or in the possession of the Delta College…whether human skeletal remains, fetal cadavers, or other human remains, regardless of the source of those human remains.”
In response, Lutz requested a ten business day extension.
The request was subsequently WITHDRAWN.
July 18, 2013:
Miles Postema, Vice President at Ferris State University, requested, “any and all billing statements, invoices, and any other documents reflecting attorney fees incurred by, or paid on behalf of Delta College from January 1, 2003.”
This request was GRANTED.
Postema was given a compact disk full of PDF copies of the provided billing statements. Cases billed included former Biology professor Stephanie Baiyasi v Delta College, et al. Baiyasi claimed her tenure was denied regarding her religious beliefs and campaigning the instruction of creation sciences.
August 5-10, 2013:
Ann Anklam, requested, “Copies of all telephone billing statements, including list of all calls received and sent, for any telephone line serving the office of President Dr. Jean Goodnow,” and, “Copies of the salary and benefit records for all current Delta College employees, both full and part-time.” Additionally, Anklam wanted, “any and all communications that were exchanged between the President’s Compensation Committee members, “ and a, “copy of the 403(b) plan signed by Goodnow which allowed her participation.”
This request was GRANTED in part and DENIED in part.
Anklam was given print-outs of all phone records and an attachment, “listing all current full and part-time employees and their salary/wage record.” However, any and all communications that were exchanged in the Compensation Committee, “is exempt from disclosure under FOIA.” Access to the 403(b) plan was denied, with FOIA Coordinator Lutz stating, “President Goodnow’s personal financial decisions are information of a personal nature…which would constitute a clearly unwarranted invasion of Dr. Goodnow’s privacy.”
Anklam appealed to the State of Michigan Court of Appeals. Anklam claimed that Delta committed multiple violations of the FOIA.
Delta College partially denied the FOIA request on the basis that the withheld information fell under the attorney-client privilege exemption.
The FOIA does exempt from disclosure “[i]nformation or records subject to the attorney-client privilege.” However, Delta College’s written notice of partial denial did not describe or otherwise identify the information that was separated or deleted based on the attorney-client privilege.
In short, “Compliance certainly cannot be found when the public body communicates the description of the separated or deleted records after the requesting party is forced to initiate litigation to obtain FOIA compliance.”
On the denial of Anklam’s access to Goodnow’s signed 403(b) plan, “[the court] cannot conclude that
disclosure of the information would be a clearly unwarranted invasion of her privacy, which is the second prong of the privacy-exemption test.”
Additionally, “We hold that disclosure of the 403(b) information at issue would facilitate the ability of citizens to be informed regarding President Goodnow’s compliance with her contractual obligations.”
Delta violated FOIA again when they incorrectly instructed Anklam to direct her appeal to President Goodnow.
Finally, Anklam then argued that Delta violated FOIA by failing to establish and publish procedures and guidelines to allow them to charge FOIA fees. “Although [Delta] waived [Anklam]’s FOIA fees, [Delta] allegedly failed to properly establish and publish procedures and guidelines regarding FOIA fees as required.”
