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Berrien County denies two FOIA appeals from Justin Meyers over GIS fees and withheld internal records
Summary
The Board voted 11–0 to deny two FOIA appeals from Justin Meyers challenging the county’s fee treatment for GIS data (arguing EAPRA should not apply) and the withholding of internal communications on attorney-client/work-product grounds.
The Berrien County Board of Commissioners on May 28 denied two Freedom of Information Act appeals from requester Justin Meyers concerning GIS data fees and withheld internal communications. Corporate Counsel Thaddeus Hackworth summarized both appeals and the county’s position before the Board voted.
On the May 14 appeal, Meyers argued the county should calculate fees under FOIA’s standard fee provision for a request for native digital copies of parcel, zoning, and address-point GIS layers. The Board upheld Corporate Counsel’s determination that fees for GIS output are governed by the Enhanced Access to Public Records Act (EAPRA), PA 462 of 1996, and denied the appeal on an 11–0 roll call.
On the May 19 appeal, Meyers sought internal communications, drafts and processing notes related to earlier FOIA requests. The Board upheld Corporate Counsel’s withholding determinations, concluding the records were exempt as attorney-client communications and attorney work product. The motion to deny the May 19 appeal also passed 11–0.
