agenda report · 505 s. state street ann arbor, mi 48016 december 23, 2019 foia coordinator clare...
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AGENDA REPORT
TO: Mayor Pat Humphrey & Clare City Commissioners
FROM: Diane Lyon, City Clerk
DATE: January 2, 2020
RE: *Communications
For the Agenda of January 6, 2020
*Note: This is a Consent Agenda item and is considered as routine by the City Commission.
As such, this matter shall be automatically enacted by one motion with all other Consent
Agenda items unless a Commissioner or citizen requests this item be individually discussed,
in which event it shall be removed from the Consent Agenda and considered and acted upon
in its designated sequence on the approved Clare City Commission agenda of January 6,
2020.
FOIA Requests: We’ve had a number of FOIA requests recently. The requests & responses are
attached for your information.
Attachments. As noted above.
University of Michigan
Political Accountability Lab
umich-pal@umich.edu
505 S. State Street
Ann Arbor, MI 48016
December 23, 2019
FOIA Coordinator
Clare Police Department
207 W Fifth St
Clare, MI 48617
To whom it may concern,
This is an information request under Michigan’s Freedom of Information Act (§15.231 et seq.). We are seeking
annual records that list all property/equipment of the Clare Police Department, from 1997 to the present, obtained
through law enforcement grants or transfers from the Federal government. Specifically:
• Records of “controlled” equipment from the Law Enforcement Support Office (LESO) of the Defense
Logistics Agency under the 1033 Program. These records typically take the form of annual inventories of
all controlled property; alternatively, all records of shipments of controlled equipment received and
disposed of during the 1997-present period will fulfill this request. Note, if it requires extra labor to
separate “controlled” equipment (e.g., weapons and vehicles) from uncontrolled items (e.g., socks and
exercise equipment), records that also include uncontrolled items will fulfill this request.
• Records of any equipment purchased with anti-terrorism/preparedness grants from the Department of
Homeland Security (DHS).
We would like to receive these records as electronic documents. If the office intends to charge fees for search,
review, and duplication of records, please inform me in advance. We would also like to request a waiver of all fees
in that the disclosure of the requested information will contribute significantly to the public’s understanding of
operations of government and is therefore in the public interest. This information is not being sought for
commercial purposes.
If access to the records I am requesting will take longer than five days, please contact me with information about
when I might expect copies or the ability to inspect the requested records. If you deny any or all of this request,
please cite each specific exemption you feel justifies the refusal to release the information and notify me of the
appeal procedures available to me under the law.
Thank you for your consideration. Please contact me if I can provide further clarification.
Sincerely,
Kenneth Lowande
Assistant Professor
University of Michigan
Political Accountability Lab
umich-pal@umich.edu
(734) 615-9139
1
Diane Lyon
From: noreply@server.mailjol.net on behalf of allForms <noreply@server.mailjol.net>
Sent: Tuesday, December 17, 2019 7:31 PM
To: administration
Subject: FOIA Form Submission from Cityofclare.org
Form Results
Name Sarah Smith
DateofBirth
Address 4747 Southwest Freeway 4th Floor
Phone 7133627128
Email sarah.smith@chron.com
DateTimeofIncident
CPDCompNumber
TypeofIncident
IncidentLocation
RecordsRequested
1. I request all complaints made to code enforcement regarding 202 Mary St, Clare, MI
48617 from 1.1.2016 to 12.1.2019. I request the complaints in their full original form as kept by the department (ideally in a database or Excel/.csv table if the department keeps
them as such). I request all data points the department keeps regarding code enforcement complaints, including but not limited to:
• Date of complaint • Time of complaint
• Name of person calling in • nature of complaint
• full description of complaint • caller’s address
• responding code enforcement officer • any resulting code violation notices
• any correspondence between the department and the property owner/manager
I request the records in electronic form. If you have any questions, please reach out at
sarah.smith@chron.com
InspectOrCopy Copying
Submit Submit
More Information about this submission and submitter
Submission ID 11301491
Date & Time 17th Dec 2019 7:30 PM
Form Location http://www.cityofclare.org/government/dept/foiasubmit.html
IP Address 38.140.188.146
Browser info Mozilla/5.0 (Windows NT 10.0; Win64; x64; rv:71.0) Gecko/20100101 Firefox/71.0
Predicted Country --
The City of Clare is an Equal Opportunity Provider and Employer FOIA 10 Day Extension Revised 07/01/15
FREEDOM OF INFORMATION ACT NOTICE OF 10-DAY EXTENSION
Dated: December 18, 2019
Sarah Smith Houston Chronicle 4747 Southwest Freeway, 4th Floor Houston, TX 77027
Phone (713) 362-7128 Sarah.Smith@chron.com
12.18.19 FOIA #1- Public Records Requested: 1. I request all complaints made to code enforcement
regarding 202 Mary St, Clare, MI 48617 from 1.1.2016 to 12.1.2019. I request the complaints in their full original form as kept by the department (ideally in a database or Excel/.csv table if the department keeps them as such). I request all data points the department keeps regarding code enforcement complaints, including but not limited to: • Date of complaint • Time of complaint • Name of person calling in • nature of complaint • full description of complaint • caller’s address • responding code enforcement officer • any resulting code violation notices • any correspondence between the department and the property owner/manager
We are in receipt of your request for the records noted above. An additional ten (10) business days will be required in order to process your request because the Code Enforcement Officer works only on Thursdays and Fridays and will be out for medical reasons beginning December 19, 2019.
This public body shall, therefore, on or before: January 15, 2019. (1) Grant the request; (2) Issue a written notice denying the request; or (3) Grant the request in part and issue a written notice denying the request in part.
Sincerely, Diane M. Lyon City of Clare Freedom of Information Coordinator
1
Diane Lyon
From: noreply@server.mailjol.net on behalf of allForms <noreply@server.mailjol.net>
Sent: Tuesday, December 17, 2019 7:31 PM
To: administration
Subject: FOIA Form Submission from Cityofclare.org
Form Results
Name Sarah Smith
DateofBirth
Address 4747 Southwest Freeway 4th Floor
Phone 7133627128
Email sarah.smith@chron.com
DateTimeofIncident
CPDCompNumber
TypeofIncident
IncidentLocation
RecordsRequested
I request all building permit applications filed for and granted to 202 Mary St, Clare, MI 48617
from 1.1.2016 to 12.1.2019. I request the full permit applications with all attachments in its original form as kept by the department, including any correspondence with the
applicant.
InspectOrCopy Copying
Submit Submit
More Information about this submission and submitter
Submission ID 11301492
Date & Time 17th Dec 2019 7:31 PM
Form Location http://www.cityofclare.org/government/dept/foiasubmit.html
IP Address 38.140.188.146
Browser info Mozilla/5.0 (Windows NT 10.0; Win64; x64; rv:71.0) Gecko/20100101 Firefox/71.0
Predicted Country --
1
Diane Lyon
From: noreply@server.mailjol.net on behalf of allForms <noreply@server.mailjol.net>
Sent: Tuesday, December 17, 2019 7:33 PM
To: administration
Subject: FOIA Form Submission from Cityofclare.org
Form Results
Name Sarah Smith
DateofBirth
Address 4747 Southwest Freeway 4th Fl
Phone 7133627128
Email sarah.smith@chron.com
DateTimeofIncident
CPDCompNumber
TypeofIncident
IncidentLocation
RecordsRequested I request all inspections of 202 Mary St, Clare, MI 48617 Fire Department from
1.1.2016 to 12.1.2019. I request the full inspections and results in their original form as kept by the city. I request the documents in electronic form
InspectOrCopy Copying
Submit Submit
More Information about this submission and submitter
Submission ID 11301493
Date & Time 17th Dec 2019 7:32 PM
Form Location http://www.cityofclare.org/government/dept/foiasubmit.html
IP Address 38.140.188.146
Browser info Mozilla/5.0 (Windows NT 10.0; Win64; x64; rv:71.0) Gecko/20100101 Firefox/71.0
Predicted Country --
1
Diane Lyon
From: noreply@salesforce.com on behalf of Paola Aponte <p.aponte@quadient.com>
Sent: Tuesday, December 17, 2019 11:06 AM
To: Diane Lyon
Subject: Public Records Request
Dear Diane,
I am writing to make a public records request.
Specifically, I am requesting a copy of the postage equipment lease for the mailing equipment used at your facility listed
below:
CLARE PUBLIC WORKS DEPT
307 MAPLE ST
CLARE, MI 48617
I believe it may be Pitney Bowes equipment. If so, the lease agreement would be with Pitney Bowes Global Financial.
If your equipment was purchased, please send a copy of the purchase agreement for the owned equipment.
Thank you in advance for helping me with this request.
Sincerely,
Paola Aponte
p.aponte@quadient.com
(203) 301-3944
Neopost
478 Wheelers Farms Road
Milford, CT 06461
The City of Clare is an Equal Opportunity Provider and Employer
FOIA Denial Revised 07/01/15
DENIAL OF REQUEST FOR
PUBLIC RECORD
December 18, 2019
Paola Aponte
478 Wheelers Farms Road
Milford, CT 06461
Email p.aponte@quadient.com
Phone (203) 301-3944
Copy of postage equipment lease for the mailing equipment used at Clare Public Works Dept., 307 Maple
Street, Clare, MI 48617 NOTICE: This correspondence constitutes a certification that the public records, as indicated, do not
exist. You have the right to appeal this denial to the City Manager in writing that specifically states the
word "APPEAL" and indicates the reason or reasons for reversal of the denial, or seek judicial review in
the Circuit Court within 180 days of a final determination to deny a request. If the Court determines a
public record is not exempt from disclosure, it shall order its release or production. The burden of proof in
Court is on the public body. If the Court determines that the public body has been arbitrary and capricious
in not disclosing a public record, it may award, in addition to actual and compensatory damages, punitive
damages not exceeding $500.00
The City of Clare’s FOIA Procedures and Guidelines and Summary are available for review on our
website at www.cityofclare.org.
If your FOIA request has been denied in whole or in part, you may do one of the following at your option:
(1) Commence an action in the circuit court to compel disclosure of the public records or information
within 180 days after the governmental unit’s final determination to deny your request. If the circuit
court orders disclosure of all or a portion of the public record or information, you have the right to
receive reasonable attorney’s fees, costs, and disbursements. If the circuit court determines that the
governmental unit arbitrarily and capriciously denied your request, you also have the right to receive
punitive damages in the amount of $500.00. Please see MCL 12.231 et seq. for further information on
the Freedom of Information Act.
(2) Submit to the City Manager a written appeal that specifically states the word “appeal” and identifies
the reason(s) for reversal of the denial. Your appeal should be sent to City of Clare – City Manager,
202 West Fifth Street, Clare, MI 48617-1490.
A copy of this request will be kept on file for no less than one (1) year.
Diane Lyon December 18, 2019___
Freedom of Information Coordinator Date Denial Approved
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