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Roseville council denies FOIA appeal from police chief after closed session review
Summary
Chief Mitchell Berlin asked the council to release a report he described as containing poor legal advice; after a closed‑door session and a city‑attorney summary citing multiple MCL exemptions and HIPAA, the council voted to deny the FOIA appeal.
Chief Mitchell Berlin appeared before the Roseville City Council on Nov. 11 to request release of a report he said contains legal advice and to seek closure for officers. Berlin told the council he believed the legal opinion in the document was "the worst I've seen in 35 years" and alleged portions of the record had been released outside the organization with malicious intent.
Council moved into closed session to discuss attorney‑client privileged information and pending litigation under the Michigan statutory exceptions cited by the chair. After reconvening at 7:48 p.m., City Attorney Mister Thomas summarized the legal review, saying the FOIA request had been considered with legal counsel and the clerk's office and denied under cited statutory exemptions, including multiple MCL citations and HIPAA‑related exemptions as set out in the record.
Councilman Shoemaker moved to deny the FOIA appeal; Councilman Knox supported the motion. The council voice‑voted 'Aye' and the motion to deny the FOIA appeal carried.
The attorney told council it remains their prerogative to grant an appeal, but in this instance staff and counsel applied statutory exemptions (as summarized on the record) to withhold the requested materials. The denial does not preclude additional administrative or legal processes the chief may pursue.
