Covert Township (Van Buren County)

Freedom of Information Act

Links

Contact Information

Clerk - Township Hall

Debbie Hinman

Email     [email protected]

Phone    269-764-5144

Clerk - Police, Fire & EMS Complex

Stephanie Schrader

Email     [email protected]

Phone    269-764-5102

About FOIA

Consistent with the Michigan Freedom of Information Act (FOIA), Public Act 442 of 1976, as amended, the following is the written Public Summary of the Township’s FOIA Procedures and Guidelines relevant to the general public.

This is only a summary of the Township’s FOIA Procedures and Guidelines. For more details and information, copies of the Township’s FOIA Procedures and Guidelines are available at no charge at the Township office, located at 73943 E. Lake Street, PO Box 35, Covert, MI 49043.

Frequently Asked Questions

How do I submit a FOIA request to the Township?
  • FOIA requests must be made in writing and sufficiently describe a public record so the Township may find it. 
  • There are FOIA forms located at the Township Hall and Police & Fire-EMS Complex. However, any letter, email, fax or other writing will siffice.
  • Please include the words “FOIA” or “FOIA Request” to assist the Township in providing a prompt response.
  • Debbie Hinman (at Township Hall) is responsible for responding to all FOIA requests for general Township records. Stephanie Schrader (at Police & Fire-EMS Complex) is responsible for responding to all FOIA requests for records held by the Townships Police and Fire-EMS Departments.

To ensure proper receipt, the Township prefers that FOIA requests be submitted by one of the following methods:

  • General Township Records – Township Hall (Debbie Hinman) – 269-764-5144
  • Police, Fire, & EMS Records – Police, Fire & EMS Complex (Stephanie Schrader) – 269-764-5102
What kind of response can I expect to my request?
  • Within 5 business days after receiving a FOIA request, or after 15 business days if a notice of extension is issued, The Township will respond to the request. If a request is received by fax or email, the request is deemed to have been received the on the following business day. The Township will respond to your request in one of the following ways:
    • Grant the request
    • Issue a written notice denying the request
    • Grant the request in part and issue a written notice denying in part the request, or
    • Issue a written notice that the public record requested is available at no charge on the Township’s website.
  • If the request is granted, or granted in part, the Township may ask that payment be made for allowable fees associated with responding to the request before the public record is made available.
  • If the cost of processing the request is expected to exceed $50, or if you have not paid for a previously granted request, the Township may require a deposit before granting the request.
How does the Township calculate FOIA processing fees?

The FOIA Statute permits the Township to charge for the following costs associated with processing a request:

  • Labor costs associated with copying or duplication, including making paper copies, or transferring digital public records to non-paper physical media through the Internet.
  • Labor costs associated with searching for, locating and examining a requested public record, when failure to charge a fee will result in unreasonably high costs for the Township.
  • Labor costs associated with a review of a record to separate and delete information exempt from disclosure, when failure to charge a fee will result in unreasonably high costs for the Township.
  • The cost of copying or duplication, not including labor, of paper copies to public records. This may include the cost for copies of records already on the Township’s website if you ask the Township to make copies.
  • The cost of computer discs, computer tapes, or other digital or similar media when the requestor asks for records in non-paper physical media. This may include the cost for copies of records already on the Township’s website if you ask the Township to make copies.
  • The cost to mail or send a public record to a requestor.

Labor Costs:

  • Labor costs are estimated and charged in 15-minute increments, with all partial time increments rounded down. If the time involved is less than 15 minutes, there will be no charge.
  • Labor costs are charged at the hourly wage of the lowest-paid Township employee capable of doing the work in the in the specific fee category, regardless ofc who actually performs the work.
  • Labor costs may include a charge to cover or partially cover the cost of fringe benefits. 
  • Overtime wages are not included in labor costs unless agreed to by the requestor. Further, overtime costs are not to be used to calculate the fringe benefit costs.
  • Contracted labor costs will be charged at an hourly rate not exceeding 6 times the state minimum hourly wage.

Copying and Duplication

  • The Township will use the most economical method for making copies of public records, including using double-sided printing, if cost-saving and available.

Non-paper Copies on Physical Media

  • The cost for records provided on non-paper physical media, such as computer discs, computer tapes, or other digital or similar media will be at the actual cost to the Township. The Township will procure any needed non-paper media at the most reasonably economical cost.
  • The Township is not obligated to disclose public records on a requested non-paper physical media if it lacks the technological capability to do so.

Paper Copies

  • The charge for paper copies of public records made on standard letter (8 1/2 x 11) or legal (8 1/2 x 14) sized paper will not exceed $0.10 per sheet of paper.
  • The charge for copies on non-standard sized sheets of paper will reflect the actual cost of reproduction.

Mailing Costs

  • The cost to mail public records will reflect a reasonably economical and justified means.
  • The Township may charge for the least expensive form of postal delivery confirmation.
  • No cost will be made for expedited shipping or insurance unless you request it.

Waiver of Fees

  • The charge for searching for and copying a public record may be waived or reduced if in the sole judgement of the FOIA Coordinator determines it is in the public’s interest.
Waiver of Fees

The Township will discount the first $20 of fees for a request from: (1) certain qualifying non-profit organizations advocating for the developmentally disabled or mentally ill: or (2) persons who submit a sworn affidavit stated that they are:

  • Indigent and receiving specific public assistance; or
  • If not receiving public assistance, stating facts demonstrating an inability to pay because of indigence.

However, a person is not eligible to receive the $20 discount if they:

  • have previously received discounted copies of public records from the Township two (2) times during the calendar year; or
  • are requesting information on behalf of other persons who are offering or providing payment for making the request.
How may I challenge the denial of a public record or an excessive fee?

Appeal of a Denial of a Public Record

  • If you believe that all or a portion of a public record has not been disclosed or has been improperly exempted from disclosure, you may appeal to the Township Supervisor by filing a written appeal with the Township Clerk’s Office.
  • The appeal must be in writing, specifically state the word “appeal,” and identify the reason or reasons you are seeking a reversal of the denial. 
  • Within 10 business days of receiving the appeal, the Township Supervisor will respond in writing by:
    • Reversing the disclosure denial,
    • Upholding the disclosure denial, or
    • Reversing the disclosure denial in part and upholding the disclosure denial in part.

Appeal of an Excess FOIA Processing Fee

  • If you believe that the fee charged by the Township to process your FOIA request exceeds the amount permitted by state law, you may appeal to the Township Supervisor by filing a written appeal within the Township Clerk’s Office.
  • The appeal must specifically state the word “appeal” and identify how the required fee exceeds the amount permitted.
  • Within 10 business days after receiving the appeal, The Township Supervisor will respond in writing by:
    • Waiving the fee;
    • Reducing the fee and issue a written determination indicating the specific basis that supports the remaining fee;
    • Upholding the fee and issue a written determination indicating the specific basis that supports the fee;
    • Issuing a notice detailing the reason for reasons for extending for not more than 10 business days the period during which the Township Supervisor will respond to the written appeal.