Ann Arbor Area Civic Document Repository

This case will determine whether FOIA will remain an affordable and effective way for the public to monitor the activity of state and local officials. The Court of Appeals’ decision misconstrues the term “public record” in a manner that will lead to litigation and frustrate the purpose of the act. Further, the Court of Appeals’ construction of the statute would prevent citizens from discovering illegal acts committed by governmental officials, particularly since it would often leave a direct supervisor, who will frequently have a personal incentive to hide a subordinate’s wrongdoing, in charge of bringing the employee’s inappropriate or criminal acts to light. The Court of Appeals’ decision should be reversed.

Amicus brief filed with the Michigan Supreme Court.