Delta County commissioners vote to release FOIA records in part after closed session

The Delta County Board of Commissioners voted Feb. 18 to release in part and uphold in part an appeal under FOIA (case 25-05) after holding a closed session and receiving legal advice.

The action followed a motion to go into closed session citing an MCL provision; after the closed session the board moved, supported and approved a resolution to release some records while upholding exemptions for other material. The board’s attorney said they would prepare the documents to be released.

A board member urged a disclosure-first approach during the discussion, saying FOIA is “a pro disclosure law” intended so “the people shall be informed so they may fully participate in the democratic process.” The county attorney cautioned that attorney–client privileged materials are exempt and that wholesale waiver of privilege could set a precedent; those items will be evaluated case-by-case, the attorney said. The attorney also told commissioners that courts have upheld attorney–client privilege and that the board must weigh where to draw the line on waivers.

One commissioner announced a conflict of interest and recused themself before the closed-session discussion; the recusal was recorded but the transcript does not specify the commissioner’s name. After discussion, the board held a roll-call vote; the motion carried. The attorney will draft the specific records to be released under the board’s direction.

The board chair confirmed no final policy changes were adopted in closed session; the subsequent action pertained only to the appeal (25-05). The county clerk had submitted the special meeting notice dated Feb. 13, 2025, scheduling this Feb. 18 meeting at 9:15 a.m. at the Delta County Service Center Conference Room.