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Heinecke FOIA Thu Apr 28 2011 13-52-17
Heinecke FOIA Thu Apr 28 2011 13-52-17
47002-011
OUR FILE NUMBER
Neil Heinecke
Please be advised that the City Commission of the City of Huntington Woods, at its regularly
scheduled meeting of April 26, 2011, considered your appeal of the partial denial of your March
4, 2011 Freedom of Information Act (the "Act") request. Upon consideration, the Commission
denied your appeal and adopted the Resolution enclosed herewith.
To the extent that this constitutes a denial of your request for records, you may seek judicial
review by commencing an action in the Circuit Court for the County of Oakland under Section
10 of the Act within 180 days after the public body's final determination. If after judicial review,
the circuit court determines that the public body has not complied fully with the disclosure
requirements, the Court may award all or an appropriate portion of reasonable attorneys' fees,
costs and disbursements. If the Court determines that the public body has arbitrarily and
capriciously violated the Act, the Court shall award punitive damages in the amount of $500.00.
A copy of your request will be kept on file for no less than one year.
JAC/sfm
enclosure
xc: (w/enclosure)
Mayor and Commission, City of Huntington Woods
Alex A. Attie, City Manager, City of Huntington Woods
CITY OF HUNTINGTON WOODS
OAKLAND COUNTY, MICHIGAN
Absent: None
WHEREAS, the City received a Freedom of Information Act request on or about March
4 of this year from a Neil Heinecke, requesting:
WHEREAS, by letter dated April 20, 2011, the City Attorney, pursuant to designation
by City Manager Alex Allie, the City's FOIA Coordinator, granted the request for the personnel
file, included an estimate of costs, and required a deposit of one-half the total estimated fee; and
WHEREAS, the City Attorney denied the request for "emails sent to or by Alex Allie"
on the grounds that it failed to "sufficiently describe the requested records" as required by the
Act; and
WHEREAS, by emails dated April 8, 2011, Neil Heinecke stated he was appealing the
denial of his FOIA request and stated that the denial was "arbitrary and capricious"; and
WHEREAS, by subsequent email dated April 18, 2011, Mr. Heinecke stated that he
wished also to appeal the calculation of costs to separate exempt from nonexempt material,
stating that the City could not charge for this service unless costs are unreasonably high; and
WHEREAS, the City Commission, as head of the public body, has reviewed the FOIA
appeal from Mr. Heinecke.
I
NOW, THEREFORE, BE IT RESOLVED, by the City Commission of the City of
Huntington Woods, Oakland County, Michigan that:
2. The denial of the request for "emails sent to or by Alex Allie" is affirmed for the
reason that it fails to sufficiently describe the requested records as required by the
Act.
4. The City Manager, or his designee, is hereby authorized and directed to give
written notice to Mr. Neil Heinecke of the denial of his appeal, including a
statement of his rights under the FOIA.
5. All resolutions inconsistent with the foregoing Resolution be, and the same
hereby are, rescinded to the extent of any such inconsistency.
NAYS: None
ABSENT: None
I, JOY SOLANSKEY, the duly appointed and qualified City Clerk for the City of
Huntington Woods, Oakland County, Michigan to hereby certify that the foregoing resolution
was adopted by the City Commission at a regular meeting held on April 26, 2011 and that public
notice of said meeting was given pursuant to Act No. 267, Public Acts of Michigan, 1976
JO Y, City Clerk