Michigan’s Grand Blanc Township thinks it has discovered a trick to weasel out of accountability: charging a reporter more for government records than most people earn in two years.
Independent journalist Anna Matson filed two requests for records about the township’s fire chief, Jamie Jent, being placed on administrative leave. That decision — later lifted after outcry from residents and firefighters — reportedly came after he raised concerns about staffing issues following the tragic September shooting at the township’s Church of Jesus Christ of Latter-day Saints.
The government told her she’d have to pay a combined $164,000 in labor costs ($100,000 for her first request and $64,000 for a second) for finding and reviewing the records in order for them to respond to the request. That’s ridiculous. Michigan’s legislature should act to ensure that other local governments don’t get any ideas.
There’s nothing unusually burdensome about Matson’s requests. If the township’s recordkeeping is so shoddy and its search capabilities so lacking that it costs six figures’ worth of employee time to find some emails and documents, that’s the township’s problem, not Matson’s. If anything, it begs another Freedom of Information Act request to figure out how the township reached that level of incompetence, and what officials are spending money on instead of basic software.
The township doubled down on evasiveness when Matson showed up to a board meeting last week to contest the fees, and it made nonsensical excuses to enter into closed session so that it could discuss its secrecy in secret.
Maybe the township thinks the fees will discourage the press from trying to hold it accountable. More likely, it will do the opposite: inspire reporters to keep digging. Intrepid journalists see obvious obstruction tactics like these and think, “I must be on to something.” We’re confident Matson will eventually uncover whatever the township doesn’t want her and her readers to see.
Michigan’s Freedom of Information Act, like the federal FOIA and state public records laws across the country, was intended to let everyone — not just rich people — find out what their government is up to and how their money is being spent.
The law allows agencies to charge reasonable fees — copying costs, mailing expenses, and limited labor charges calculated at the hourly wage of the lowest-paid employee capable of doing the work. Agencies aren’t permitted to charge for the first two hours of labor, and they can only charge for search and review time if not doing so would result in “unreasonably high costs.”
Officials are taking advantage of the media’s weak financial position to hold accountability for ransom.
We’re not fans of charging any labor costs for FOIAs. Tax dollars already pay for agencies to maintain public records. Allowing the public to access them is a basic government function. But putting that aside, how does finding records about one employee during a limited time frame — which was all her first request sought — cost six figures? The $64,000 price tag for the second request for departmental records is equally absurd and also shows the arbitrariness of the whole thing — how does the broader request cost less than the narrower one?
This obstruction tactic is hardly a local innovation. Last year, Nebraska’s legislature had to step in after the state’s Department of Environment and Energy tried charging the Flatwater Free Press more than $44,000 to review environmental records. It claimed figuring out what exemptions to the public’s records law applied would be time-consuming — essentially making the press pay for their time figuring out legal arguments to not give it the records it wanted.
The Trump administration — which has attempted to close FOIA offices and fired officials who released embarrassing information pursuant to FOIAs — recently demanded journalist Brian Karem pay a $50,000 bond just to expedite a lawsuit for documents about the classified records Trump took to Mar-a-Lago. It’s far from the first instance of fee bullying by the federal government, regardless of who is president.
Trump, of course, claims he did nothing wrong by taking those documents, but doesn’t want to let the public be the judge. The situation in Grand Blanc Township is similar — the same government that may have punished a fire chief for speaking up about public safety wants to punish a journalist for asking questions about it. It’s secrecy stacked on secrecy.
It’s no coincidence that so many of these overcharging cases involve requests by independent journalists or small local outlets. The government knows the news industry is struggling economically. That’s no secret. Officials are taking advantage of the media’s weak financial position to hold accountability for ransom. If they get their way, transparency will become a luxury only affordable to major media outlets that are unlikely to have much interest in public records from Grand Blanc Township in the first place.
The township needs to rescind its invoice, apologize to Matson, and get her the records she’s entitled to right away. Beyond that, state legislators need to put politics aside and follow Nebraska’s example by narrowing what the government can charge the public for its own records and making those limits unambiguous (and of course, they should also remove absurd provisions exempting the governor and legislature from transparency).
And if agencies have the nerve to defend these shakedowns in court, judges should hold government lawyers accountable for whatever frivolous legal arguments they concoct to justify charging well over the cost of a house in Detroit for basic transparency.
