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Marquette County board unanimously denies FOIA appeal for parcel GIS data
Summary
At a June 26 special meeting the Marquette County Board of Commissioners denied Justin Meyers’s FOIA appeal seeking the county’s current parcel layer with tax attributes, citing the Enhanced Access to Public Records Act; the motion passed 5-0.
The Marquette County Board of Commissioners on June 26 denied an appeal of a Freedom of Information Act request for the county’s current parcel layer and associated tax attributes, citing state law that treats GIS output as a separately chargeable public record.
Civil Counsel told the board that the FOIA appeal from Justin Meyers could not be processed under the Freedom of Information Act because the Enhanced Access to Public Records Act, MCL 15.443(1)(c), authorizes a governing body–approved fee for “output from a geographical information system.” The minutes record the board’s formal finding: “The FOIA appeal of Justin Meyers regarding current parcel layer with associated tax attributes is DENIED.”
The denial was introduced during the meeting’s action items. Commissioner Nordeen moved to deny the appeal; Commissioner Numinen seconded. The board adopted the motion in a roll-call vote: Nordeen, Alholm, Numinen, Benzie and Chairperson Joe Derocha voted yes, 5-0.
Commissioner Numinen explained the legal rationale on the record, telling colleagues that because the Enhanced Access statute applies “this FOIA was unnecessary.” Commissioner Nordeen added that Mr. Meyers “has access to the records and the fee structure is the same for everyone,” according to the minutes. The record notes that Justin Meyers was not present at the meeting in person or by Zoom.
The board approved the meeting agenda at the start of the session—Commissioner Benzie moved, Commissioner Alholm seconded—and heard public comment from resident Jim Gallant of Skandia, who handed the board his written opinion on Robert’s Rules of Order. With no further business the board adjourned at approximately 4:23 p.m.
The county clerk’s recorded minutes list the statutes cited in the board action (MCL 15.234(10); MCL 15.443(1)(c)). The board did not direct further staff action on the appeal during the special meeting.
