Roseville council grants police chief's FOIA appeal after closed-session review

The Roseville City Council voted 4-3 Tuesday to grant a Freedom of Information Act appeal by Police Chief Mitch Berlin and direct staff to release the records at issue.

The vote came after the council met in closed session under MCL 15.2681(h) to consult with legal counsel about privileged information. Mayor Pro Tem Hall moved to grant the FOIA appeal; Councilmember Leticia seconded. The motion passed with Councilmembers Leticia, McCartney, Hall and Mayor Robert Taylor voting yes; Councilmembers Knox, Hagerty and Schumacher voting no.

The appeal sought records described by Chief Mitch Berlin as the complaints related to matters the chief identified publicly. "The complaints that we all know about that are at the point of this whole conversation, that's all we're asking," Chief Mitch Berlin told the council during the public portion of the meeting.

City counsel argued the records should remain withheld under several FOIA exemptions cited in the city's denial letter. Joe Urban, an attorney appearing for the city, told the council the city relied on three exemptions: "the personal information that would otherwise be at the base of a person's privacy, the law enforcement exemption, and the preliminary to a final decision exemption," and recommended denying the appeal.

During earlier public discussion, counsel asked the chief to clarify the scope of his request; the chief confirmed he sought the complaints specifically and not a broader set of documents that could include routine emails, news clippings or other attachments. City staff and counsel had expressed that a request for "any document that mentions" the chief from Jan. 1 to the present could be extremely broad and sweep in unrelated material.

After the closed-session review, the council returned to open session and approved releasing the requested complaint records. The council recorded the roll call vote following the motion to grant the appeal.

The council conducted the closed-session review under MCL 15.2681(h), the Michigan statute authorizing meetings to consult with the city's attorney on privileged matters. The council's action directs staff to release the documents specified in Chief Berlin's appeal; the record before the council indicates the chief clarified he sought complaint records rather than all documents referencing him.

The city did not provide financial details related to the appeal or an exact schedule for release during the public meeting. City Attorney Thomas and outside counsel were present for the closed-session consultation.

Council members who opposed the motion said during roll call that they believed the city's legal exemptions merited withholding at least some material; those comments were made in the course of the public roll call and during the closed-session motions. The council did not amend the city's FOIA policy at Tuesday's meeting.

The council's action resolves the specific FOIA appeal filed on Chief Berlin's behalf; it does not change the city's general FOIA procedures or the legal standards governing exemptions.

For more information about the timeline for document release or the precise files to be produced, members of the public were advised to contact the City Clerk's office.