Board discussion targets FOIA fee estimates after member cites high charges and procedural concerns

Board member Mr. Scott raised concerns Dec. 15 that the district's FOIA fee estimates and procedures appear to produce excessive charges that discourage public records requests. He cited several examples, including one estimate he described as roughly 125 hours of search time and fees he said equated to thousands of dollars for records tied to a closed-session meeting.

Scott said some estimates he has seen use an hourly rate tied to the IT director rather than the lowest-paid employee capable of performing the work, and he argued the district has systems (including Google Vault) that allow global searches and should not require many hours of individual manual searches. "Those types of estimates are generated to discourage and dissuade members of the public from having access to public information," Scott said.

Administration acknowledged the concern and said the district has already reduced certain copy rates to align with the lowest-paid secretary's salary; the superintendent and staff said they will consult the district's NEOLA policy representative and legal counsel, then bring a draft to the policy committee. Board members discussed comparing Heartland's rates with those used by other districts; Scott provided examples (Novi, Grand Rapids) to illustrate disparities in hourly fees and practices.

No vote was taken; the board directed the superintendent to obtain sample FOIA policies/procedures and bring draft language to the policy committee for review. The board asked that the new draft clarify how fees are calculated (hourly rates, who is considered "capable" of a task, and the district's procedures for searches and redaction) and to consider a refund process for requesters who paid under prior rates.