Delta County commissioners grant 10-day FOIA extension after public allegations about airport investigation

Delta County commissioners on Jan. 21 voted to request a 10-day extension to respond to an appeal of a Freedom of Information Act (FOIA) request tied to a county airport investigation, after public comments alleging mishandling of investigative records and possible security lapses.

The extension request came during discussion of FOIA appeal number 25‑0‑6. Administrator Young told the board legal counsel had not had sufficient time to prepare an opinion after the appeal arrived four hours before the meeting; she asked the board to grant up to 10 business days so counsel could review and issue a recommendation. Commissioner Johnson made the motion and it was seconded by Commissioner Milner; the board approved the extension by voice vote.

Why it matters: a member of the public, Andrea Newman of Maple Ridge Township, used the meeting’s agenda-comments period to say she had repeatedly sought records related to an investigation and that a county FOIA denial had obstructed her effort to “clear my name.” Newman said emails she received showed that Scott Graham, an outside attorney, and county staff had accessed sensitive security information before receiving security clearance and that invoice detail contradicted administration’s denials. “I strongly believe what happened to me was a retaliatory measure taken by former commissioner Moyle,” Newman told the board.

Commission discussion focused on procedure and legal risk. One commissioner warned the board that, under FOIA case law discussed at the meeting, attorney notes or interview summaries that are not “strictly legal advice” can be subject to disclosure. The commissioner said that if outside counsel possesses work product related to the county’s paid legal work, those materials may still be disclosable and that withholding them could expose the county to judicial review.

The board had earlier added a closed-session agenda item under MCL 15.268(H) for an attorney-client opinion. The board entered closed session by roll call and later returned, with a motion saying “no decisions were made” during the closed session.

What the board did and did not decide: the board approved the 10-day extension for legal review of FOIA appeal 25‑0‑6; it also approved entering a closed session for an attorney opinion (citing MCL 15.268(H)) and later returned from closed session with the statement that no decisions were made there.

Next steps and lingering questions: Administrator Young said legal review will be completed during the extension. Members of the public and at least one commissioner urged careful legal analysis of whether outside-counsel notes or interview records are county records subject to FOIA. Newman said she will continue to pursue records and asked the board to scrutinize past denials.