The City Commission received a report from a Freedom of Information Act subcommittee on failures to properly respond to a past FOIA request from the Kalamazoo Gazette. The subcommittee determined that the commission failed to provide documents and video that should have been disclosed in response to the original request. The subcommittee recommended adopting a uniform FOIA policy and providing formal training to city employees on the policy to streamline the FOIA process. Vice Mayor Hopewell stressed the importance of accountability and monitoring procedures for FOIA requests.

1. Commission gets lesson on FOIA
Sean R. Montera
The City Commission was given a civics lesson on the Freedom of Information Act with
the reading of a Special Report on past failures.
“The democratic process is a living breathing process,” intoned Commissioner Anderson.
“Every moment that goes forward, we go forward with it, creating ways to govern.”
Before hearing the report, Anderson asked the commission to focus on a 3 part response:
determining the commission’s responsibility; starting a public study to determine relevance of
documents, and the staff’s responsibility for each request.
The original FOIA request came from the Kalamazoo Gazette and was served to the
commission. The Gazette filed an appeal and was granted a search warrant by the courts. The
subcommittee report is part of the process the commission has taken to repair this lack of
information.
Attorney Forbush of the Freedom of Information Act subcommittee gave the report.
Forbush said the scope of her investigation was narrow, involving a review of how the office
responded to the FOIA request and an actual response to the FOIA appeal. The subcommittee
offered a report on the practices that worked and failed in the various aspects of the FOIA
request and appeal.
Commissioner McCain, somewhat confused on the scope of the report, began a quick
question and answer session with Forbush. The two defined the scope of the investigation, and
the findings that led to the subcommittees recommendations.
City Manager Collard decided there was enough blame in the response to the FOIA to go
around. “Let’s not put an oar in that water.” Was his comment after McCain began questioning
under this line.
“There have been concerns raised over FOIA concerns,” said Collard. “I have begun
addressing the issues.”
The subcommittee determined the commission did not offer documents and video that
should have been presented upon the original request. Forbush speculated it could have been
lack of discovery before the appeal.
“FOIA is a tool for the public to find out how the government is operating,” said Forbush
“They assume it’s simply black and white, no room to interpretation. (A FOIA) is a very
subjective action.”
Forbush recommended a uniform policy adopted by the city for FOIA requests to
streamline the process as well as formal training for city employees on the policy.

2. Vice Mayor Hopewell was very concerned with the procedures more then the policies
involving requests.
“Monitoring stuff makes people uncomfortable but its part of the package. People should
understand its part of doing the job,” said Hopewell. “The bottom line is accountability.”
Anderson says the commission sometimes loses direction and it becomes worthwhile to
review policy and practices, to ask “Are we being forward with something like this?”
For a copy of the Special Report try “FOIA”ing the commission.