Cited as Bisio v Village of Clarkston, 506 Mich 37; 954 NW2d 95 (2020); also 2020 Mich. LEXIS 1237 (July 24, 2020)
Clarkston News, April 27, 2021: "After more than five years, Bisio FOIA suit settled for $160K"
Back on March 30, the Clarkston City Council agreed to settle the ongoing Freedom of Information Act lawsuit between resident Susan Bisio and the City of the Village of Clarkston for the amount of $160,000.
https://clarkstonnews.com/after-more-than-five-years-bisio-foia-suit-settled-for-160k/
Justia: Bisio v. City of the Village of Clarkston
Susan Bisio sued the City of the Village of Clarkston for allegedly violating the Michigan Freedom of Information Act (FOIA). Bisio filed a FOIA request with Clarkston seeking documents related to city business, including correspondence between Clarkston’s city attorney and a consulting firm concerning a development project and vacant property in the city.
https://law.justia.com/cases/michigan/supreme-court/2020/158240.html
Findlaw: Docket No. 158240, Decided: July 24, 2020, Supreme Court of Michigan.
This case concerns the definition of “public record” set forth in MCL 15.232(i) of the Freedom of Information Act (FOIA), MCL 15.231 et seq. This definition provides that “public record,” as used within the act, means “a writing prepared, owned, used, in the possession of, or retained by a public body in the performance of an official function, from the time it is created.” Here, plaintiff Susan Bisio sent a FOIA request to defendant seeking documents pertaining to city business. Defendant, through its city attorney, denied the request with respect to certain documents contained in the files of the city attorney, reasoning that the city attorney did not constitute a “public body” for purposes of MCL 15.232(i) and therefore that the requested documents were not “public records” subject to disclosure under FOIA. Both the trial court and the Court of Appeals upheld the denial. For the reasons set forth herein, we conclude that those documents do satisfy the statutory definition of “public records.” Because the Court of Appeals concluded to the contrary, we respectfully reverse its judgment and remand to the trial court for further proceedings consistent with this opinion.
https://caselaw.findlaw.com/court/mi-supreme-court/2077302.html
Foster Swift: MSC Holds City Attorney Records and Communications Subject to FOIA Disclosure
This decision may have a significant impact for both municipal attorneys and those seeking public records held by municipal attorneys. Under this decision, documentation controlled by a municipality's attorney and not protected by the attorney-client privilege may be subject to the FOIA.
https://www.fosterswift.com/communications-city-attorney-records-foia-disclosure.html
