committee on public safety wednesday, december 16,

8/14/2019 Committee on Public Safety Wednesday, December 16,

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MINUTESCommittee on Public Safety

Wednesday, December 16, 20091:15 p.m.

Tenth Floor Council ChambersCity Hall

CALL TO ORDER

The meeting called to order at 1:19 p.m.

ROLL CALL

Councilmember Sandy Allen, ChairCouncilmember Carol Wood, Vice ChairCouncilmember Eric Hewitt, Member

OTHERS PRESENT

Diana Bitely, Council StaffBrigham Smith, City AttorneyChris Swope, City ClerkTodd Heywood, Citizen

PUBLIC COMMENT ON AGENDA ITEMS

None.

DISCUSSION/ACTION

Discussion on the FOIA Policy


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Mr. Smith reviewed the policy changes and the work done in Committee. He commended the group ontheir work on the FOIA Policy changes. Privacy issues were the big issue under discussion. Trainingunderwent some changes to ensure that the FOIA officers have sufficient training.

Councilmember Wood questioned if there is record keeping with the training to show that the trainingwas done.

Mr. Smith will add language that will ask for written certification of initial and ongoing training.Language was included to ensure that information covered under HIPA, Health Code or Mental HealthCode remained confidential.

Mr. Swope stated that due to discrimination with HIV status, we wanted to ensure that it was specificallyaddressed, but that it also covers other potential situations as well.

Mr. Smith added that language was added that would ensure that redactions are made for information ofa personal nature if public disclosure of the information would constitute a clearly unwarranted invasionof an individuals privacy.

Councilmember Hewitt questioned if in the procedure portion of the policy, we could ensure thatredactions are secure, that there are no imprints of the redacted language.

Mr. Smith indicated that as an informal policy, they do have a system for checking to ensure that theredactions are completely redacted.

Councilmember Wood stated that costs are a concern to make sure that the public is financially able toprocure information under the FOIA policy.

Mr. Smith stated that they do use the lowest statutory billable amount. He would like to see this tracked,particularly if a formal buddy system is required. When a FOIA request comes in, it is handled byeither LPD with supervision from the City Attorney, or by the City Attorneys office itself. Depending

on the scope of the request, the cost varies. Personnel files are a difficult request because of the largeamount of confidential information within those.

Councilmember Wood questioned if he has prepared a draft ordinance.

Mr. Smith stated that he has reviewed case law, and an ordinance will be pre-empted by State Law if thestate has already produced one, or if it conflicts with the proposed ordinance. He expounded upon thefour factors by which they test to see if something is pre-empted by the State.

Councilmember Hewitt questioned if the City would be precluded from identifying who within the City isresponsible for handling the FOIA requests and collection of revenues.

Mr. Smith indicated that an ordinance would be field pre-empted. We are aware of no city who hasadopted a FOIA ordinance. In reviewing the policies, it is the statute, no more, no less. The proceduresare what are particular to the City Attorneys office. They are purposely separated. He addressed theCommittees request to reduce the cost to the media. The statute does not allow us to vary the feestructure; however, what we can do is to decide on an open door policy.

Councilmember Wood questioned that even though there is a fee established, what prohibits Council fromwaiving that fee.


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Mr. Smith stated that there is a mechanism in the statute that says if you cannot pay, there is a process forthose who are unable to pay those fees. He is very hesitant for the city to alter that.

Councilmember Hewitt questioned if an open door policy would create a bigger liability.

Mr. Swope stated that he would be concerned about the regulation of confidential information.

Councilmember Hewitt is concerned that there might be a way to circumvent the FOIA through loopholesnot addressed, specifically with information gathered by the legislative body during an investigatoryinquiry while trying to determine if further action is necessary by the public official.

Councilmember Wood commented that aside from things that are provided Attorney-Client privilegewould be provided during a public meeting, therefore, it is public information.

Mr. Smith stated that every document should be treated as though it were subject to FOIA to be on thesafe side. To the extent that this is an issue, it precedes our time here and the statute is implicated onlywhen a request is made under its provisions. If records are handed out without a FOIA request,consideration should be taken when providing information.

Councilmember Hewitt suggested that documents being provided by individuals should be seriouslyconsidered and possibly taken to the presiding FOIA officer for review to ensure that the standards are notviolated.

Councilmember Wood feels that this is excessive, particularly with documents and records, which arepresented during committee meetings and are, therefore, public information. She questioned what thepunishment for violation of the FOIA procedures.

Mr. Smith stated that if we have violated the act, the court should award up to $500 in punitive costs tothe individual requesting FOIA.

Councilmember Wood questioned who would investigate a claim.

Mr. Smith indicated that the City Attorneys office would discipline his own employees, in accordancewith their contract. In terms of a persons recourse if they feel they have been wronged, they couldapproach the Council, address it at a public meeting, or call on Mr. Smith for answers.

Mr. Swope commented that complaints could come from providing too much or too little/noneinformation under the FOIA request.

Councilmember Wood questioned if confidential information is provided, what recourse the affectedperson has on that.

Mr. Smith commented that he feels that the pieces are there already. If it is an issue of justice, the court isthere.

Councilmember Wood suggested that notations should be made in the offending officers personnel file,that there should be repercussions, particularly if highly sensitive and confidential information is released.

Councilmember Wood questioned if there is a way that a claim could be filed to determine that theinformation provided under a FOIA request should have been accessible to start with to get their moneyback.


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Mr. Smith stated he would return to the Committee and have further discussion on that. Cost is a factor indetermining to charge a fee for FOIA requests.

Mr. Swope responded to questions about the cost of putting all contracts online and indicated that rightnow, it is cost prohibitive to do that, and we do not have the capability to do that yet. In the future, he

will have to decide how it should be made available to the public.

Councilmember Wood suggested that they make a commitment to do a portion of that at a time and set agoal to get it done.

Councilmember Hewitt stated that it costs money and the storage capacity must be able to accommodatethe vast amount of information.

Mr. Swope stated that there are quality assurance issues that must be addressed before moving forwardthis, as well as having the proper system for retrieval of that information.

Councilmember Wood requested that Mr. Smith make the requested changes, review the possibility of

reducing the costs for FOIA for the media or a claim process with regard to information already providedduring a public meeting. She requested that the Committee could say that they approved the policies andprocedures and a letter is done to the man whose confidential information was made public along with acopy of the FOIA policy and procedures changes.

Councilmember Wood thanked the Ad Hoc Committee for their work and efforts on this.

PENDING

Fireworks OrdinanceNoise Ordinance

Underground Storage Tanks Regulations EPA Funding Grants Eric Hewitt and new ChairpersonUpdate on Motor Carrier Ordinance Procedures Final Draft for ApprovalWalter Brown U of M and MSU Surveillance Cameras

ADJOURN

The meeting adjourned at 2:38 pm.Submitted by,Diana BitelyRecording SecretaryLansing City CouncilApproved by the Committee on __________________.

PENDING

Appropriate documents attached to original set of minutes.

committee on public safety wednesday, december 16,

Documents