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Board denies FOIA appeal, directs requester to TARA process
Summary
The Board unanimously denied a FOIA appeal from Alexander Munro, with Corporate Counsel advising that the records must be requested through the Transcripts, Abstracts, and Records Act (TARA) and subject to that fee structure. The denial cited statutory exemptions for the judicial branch.
The Berrien County Board of Commissioners voted to deny a FOIA appeal from Alexander Munro on May 14 after Corporate Counsel Thaddeaus Hackworth told the Board that the requester must use the Transcripts, Abstracts, and Records Act (TARA) process. Commissioner Chokwe Pitchford moved “to deny the FOIA Appeal submitted by Alexander Munro due to the state legislature explicitly exempted the judicial branch from the act’s definition of a ‘public body’ as stated in MCL 15.323(h)(iv) and 15.233(1).” Commissioner David Vollrath supported the motion and it carried, with the minutes noting “Motion carried, no nays.”
Hackworth advised the Board that records sought by Munro are subject to TARA and its fee structure rather than the county’s FOIA process because the state statute exempts the judicial branch from the FOIA definition of a public body. The motion directs the requester to follow the TARA process for access and fees. No further action or appeal process was recorded in the minutes beyond the denial and the statutory citation.
