Delta County commissioners uphold partial denial of FOIA request after closed‑session review

The Delta County Board of Commissioners voted to uphold a partial denial of a Freedom of Information Act (FOIA) request after convening in closed session to consider attorney‑client privileged material. The board cited statutory exemptions for attorney‑client privileged material during its closed‑session discussion and later approved a motion to uphold the partial denial.

At the start of the relevant agenda item, the board moved to go into closed session pursuant to MCL 15.268(1) to consider attorney‑client privileged material exempt from disclosure under Michigan’s FOIA exemptions. The clerk read the call for closed session; the board entered closed session and later returned to open session. Board minutes record the motion to go into closed session and a commissioner stating, after the closed session, that "no decisions were made" in the closed session itself. Later in the meeting Commissioner Williams moved to uphold the denial and partial denial; she said the requester may submit a new FOIA request with more narrowly framed language to produce more tailored results.

Why it matters: FOIA appeals and closed sessions involve the county’s obligations to disclose public records while protecting privileged communications. The board’s decision affirms its office’s interpretation that portions of the requested material are exempt under the law.

Facts from the meeting: Administrator staff retrieved two physical files from an outside attorney’s office and reported they had not heard further on Attorney Graham. Commissioner Williams said the partial denial "does meet all of the requirements" and moved to uphold it; the motion carried. Public comment during the meeting questioned the process: resident Joe Kaplan urged greater public explanation when the board returns from closed session and suggested more assistance for FOIA requesters to avoid unnecessary appeals.

Authorities cited at the meeting: Board members referenced closed‑session authority under the Michigan Open Meetings Act and FOIA exemptions for attorney‑client privileged material during the discussion. (Meeting references: MCL 15.268(1) for closed session and FOIA statutory exemptions.)

Outcome: Motion to uphold the partial denial — passed. Commissioners recorded the motion and vote on the record and advised the requester may submit a narrower FOIA request or seek the records from other agencies if those records originate elsewhere (for example, body camera footage would be sought from law enforcement agencies).