Office of the Prosecuting Attorney

Freedom of Information Act (FOIA) Procedure

Receive a Request for Public Record:

Request may be submitted in person, U.S. mail, e-mail or FAX. All Requests must be in writing; no verbal Requests will be accepted.

Faxed or e-mailed Requests are not considered received until the next business day after the electronic transmission was made.

All requests for information should be treated as FOIA requests (unless specifically designated otherwise, i.e. requests for discovery).

Response Time:

You have 5 business days from receipt of the Request to provide a response.

If you are unable to respond within 5 business days, you must contact the requesting party and ask for an extension.

You may request an extension for up to 10 business days.

Document the contact and agreement.

If the requesting party does not voluntarily agree to an extension, contact the Prosecutor for assistance.

Response Content:

All responses shall contain a link to the Office of the Prosecuting Attorney FOIA Summary document, www.kalcounty.com/opa/FOIASummary.htm.

If the requested record does not exist, contact the FOIA Coordinator who will prepare an Affidavit of Non-Existence.

If the records are available on the County website, respond with the link to the documents and a link to the FOIA Summary.

If the document is a public document, copy the document and provide the complete document.

Documents and/or information otherwise deemed exempt by Statute must be separated and/or redacted, these include, but are not limited to:

  • Non-public records
  • Recorded confessions (prior to conviction or acquittal)
  • Medical marijuana registry information
  • Presentence Reports
  • LEIN criminal history
  • Medical records
  • Dates of birth
  • Home addresses
  • Home and/or cell phone numbers
  • Social Security numbers
  • Polygraph test results
  • Photographs of crime victims
  • Credit card account information
  • Bank account information
  • Identities of juvenile criminal sexual conduct crime victims
  • Information that would be considered personal or private
  • Proprietary information
  • Information which would impede law enforcement activities

If the document contains any of the above referenced items or if you are unsure whether it needs to be redacted or separated, contact the FOIA Coordinator for assistance.

Any responses that are redacted and/or separated shall contain a detailed explanation as part of the FOIA response.

Fee Calculation:

If the documents are available on the website, the link information is free of charge.

If the requesting party wishes to receive a printed copy of the available website documents, standard billing charges will apply.

If the responsive document is 10 standard size double sided pages or less, the response is free of charge.

There will not be any charge for retrieval, separation and/or copying labor unless the time to perform the task is 20 minutes or more.

These tasks will each be charged separately and itemized on the Itemized Cost Worksheet in 20 minute increments, rounded down.

All labor will be charged at the rate of the lowest paid employee able to perform the task, whether or not they actually perform the task.

Labor charges shall include fringe benefits up to 50% of the wage.

Proof of indigent status via an Affidavit of Indigency affords a $20.00 discount for 2 requests per calendar year.

The Office of the Prosecuting Attorney Itemized Cost Worksheet shall be utilized to calculate all fees.

Actual mailing fees shall be charged.

Standard single sided copies shall be charged at 3.5¢ per sheet. Standard double sided copies shall be charged at 7¢ per sheet.

Oversized copies shall be charged at actual cost.

Digital media shall be charged at actual replacement cost.

Actual cost of retrieving and delivering of a file from off-site storage shall be charged.

Responses will be provided upon receipt of payment in full.

Deposits:

If the cost of a response exceeds $50.00, a 50% Good Faith Deposit is required before a response is prepared.

If a requesting party has failed to pay for a previously granted Request within the past 365 days, a 100% deposit is required.

Appeals:

If a response is separated or redacted an appeal may be filed.

If a fee is believed to be excessive and not in compliance with Office of Prosecuting Attorney billing procedures, the fees can be appealed.

Content Based Appeal:

If a response is an Affidavit of Non-Existence, a redacted response or a separated response, an appeal may be filed.

A letter entitled "FOIA Appeal" shall be sent to the Prosecutor at 227 W. Michigan Avenue, Kalamazoo, MI 49007.

A requestor may also file an action in the Circuit Court of Kalamazoo County to compel disclosure without first filing an appeal with the Prosecutor.

An action in Circuit Court must be filed within 180 days of receipt of the response.

Fee Appeal:

If the FOIA fee exceeds the amount permitted by law or the Office of the Prosecuting Attorney procedure, an appeal of fees may be filed with the Prosecutor.

This appeal must be in writing and state appeal of fees.

The Prosecutor shall respond to the fee appeal within 10 days.

The response shall do one of the following:

  • Uphold the fee or
  • Waive the fee

If the Prosecutor fails to respond to the fee appeal or issues a response to the appeal, an action may be commenced in Kalamazoo County Circuit Court against the Office of the Prosecuting Attorney for a fee reduction.

This action must be filed within 45 days of the determination of the appeal.

Kalamazoo County Office of the Prosecuting Attorney forms:

FOIA Policy
FOIA Summary
Affidavit of Indigency
Request for Public Record (web form)
Request for Public Record (PDF file)
Itemized Cost Worksheet