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Board seeks clarification on FOIA appeal concerning 1972–1975 records of unidentified human remains
Summary
A Freedom of Information Act appeal seeking records from 1972–1975 related to runaways and unidentified human remains was discussed. The sheriff earlier denied one request citing law‑enforcement‑investigative exemption; the board asked the sheriff for clarification and deferred action until the next meeting.
The Montcalm County Board of Commissioners heard a Freedom of Information Act appeal on Sept. 22 from an individual seeking records from 1972–1975 concerning runaways, missing persons and unidentified human remains.
Vice Chairman Peterson summarized the appeal and told the board that the sheriff’s office had responded to most requests saying records “do not exist.” One specific request — records of unidentified human remains from 1972–1975 — was denied by the sheriff’s office, which cited an investigative exemption, saying disclosure could interfere with law‑enforcement proceedings.
“I don’t understand how an investigation is interfering with the police investigation if it’s been 50 years,” a commissioner said during the discussion. The sheriff had previously told county staff by email that, if records had existed they were likely purged long ago and that there is no way to know if records ever existed.
Commissioners agreed it was prudent to seek clarification from the sheriff’s office to determine whether the records physically do not exist or whether the sheriff believes disclosure would interfere with an ongoing or potential investigation. The board asked staff to request an explanation from the sheriff and to take up the appeal again at the next meeting; staff noted the appeal deadline falls on Oct. 13, giving the board time to respond.
The board did not vote to overturn the sheriff’s denial; instead it requested clarification and deferred final action until the next meeting.
The appeal concerns records dating back five decades; the transcript shows commissioners and staff discussed the practical likelihood of locating such old records and the sheriff’s statement that staff from the 1970s are no longer available to consult.
