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Muskegon County commissioners deny FOIA appeal after closed-session legal review
Summary
After a closed session to review a confidential legal opinion, the board voted to deny a FOIA appeal and directed corporate counsel to send a letter of denial.
Muskegon County commissioners convened a closed session to consider a written, confidential legal opinion and subsequently voted in open session to deny a Freedom of Information Act (FOIA) appeal.
The board moved into closed session citing a statutory exemption described in the meeting as "MCL 1 5 2 6 8 1 h." Following the closed session, the board returned to open session and approved a motion to deny the FOIA appeal and to send the proposed correspondence of denial as directed by corporate counsel.
The motion to go into closed session was moved by Vice Chair Cook and supported by Commissioner Page; the clerk recorded the roll call and the board recessed into the closed session. After returning to open session, the board recorded a motion to deny the FOIA appeal, and the chair directed staff to transmit the denial letter per corporate counsel's instructions.
Why it matters: The board used a closed-session legal review to consider a confidential opinion before voting on disposition of a FOIA appeal, citing a statutory exemption for that purpose. The decision to deny the appeal was made in open session and recorded in the minutes.
Process and next steps: Corporate counsel will prepare and send the denial letter to the requester; the clerk will note the FOIA disposition in the official minutes. Commissioners did not elaborate publicly on the substance of the legal opinion during open session, citing the confidentiality that prompted the closed session.
