Our Feed

We are involved in our communities, our profession, and our clients' associations and activities.

I received a Freedom of Information Act (“FOIA”) request and sent a 10-day extension as an initial response. How do I calculate my new deadline to respond?

The rule of thumb is 15 business days from the date the request is deemed received under the FOIA, Act 442 of 1976, MCL 15.231 et seq. The FOIA requires a public body to respond to a request for public records within 5 business days after the public body receives the request by either: (1) granting the request, (2) denying the request, (3) granting the request in part and denying the request in part, or (4) issuing an extension. MCL 15.235(2). An extension allows the public body to extend its deadline to respond by no more than 10 business days. The 10-day extension is measured from the end of the original 5-day period, not from the date the extension is made. See Key v Twp of Paw Paw, 254 Mich App 508, 511; 657 NW2d 546, 548 (2002). “[When] a public body timely claims the additional ten business days for a response as provided in M.C.L. § 15.235(2)(d), the new response deadline is fifteen business days after the receipt of the request, regardless of when the notice of extension is issued.” Id.

Recent Articles & Announcements

  1. Does the public have access righ...

    While some factors may change the outcome, the answer is generally no. In fact, “[n]o Michigan decision has ever held that a dedication of...

    Read More
  2. The Road Ends, But Do the Ripari...

    Michigan has approximately 11,000 inland lakes and more freshwater shoreline than any other state in the country, so the odds of your munici...

    Read More
  3. Does the Brownfield Redevelopmen...

    Yes, the 2023 amendments to the Brownfield Redevelopment Financing Act broadened the definitions of “eligible activities” and “eligibl...

    Read More
Talk to an Attorney
Request a Consultation

At Fahey Schultz Burzych Rhodes PLC, we’ve been helping municipalities, franchised businesses, employers, and more with their legal needs since 2008. We’d love to learn how we can help you, too.