Office of the Prosecuting Attorney

Freedom of Information Act (FOIA) Summary

How do I submit a FOIA request?

Request for public documents may be submitted by:

  • Filling out a printable PDF version of the FOIA Request for Public Record form.

  • Sending a request in writing via mail or email to: FOIA Coordinator, Office of the Prosecuting Attorney, 227 W. Michigan Avenue, 5th Floor, Kalamazoo, MI 49007, or

  • Filling out a FOIA Request for Public Record form in person at the Kalamazoo County Office of the Prosecuting Attorney, 227 W. Michigan Avenue, 5th Floor, Kalamazoo, MI 49007, or

  • Filling out a FOIA Request for Public Record form and faxing it to (269) 383-0475.

  • Filling out the FOIA Request for Public Record form available on the Kalamazoo County web site at www.kalcounty.com/opa/foiarequest.php and following the instruction thereon.

Once your FOIA Request for Public Record form is received, the Office of the Prosecuting Attorney will determine whether public documents which are responsive to the request exist.

We do not accept verbal requests. All FOIA request must be made in writing.

When will I receive a response?

You will receive a response to your request within 5 business days.

What will the cost be?

If the requested documents are available on the Office of the Prosecuting Attorney's website, a link will be provided to you free of charge.

If the responsive documents are less than 10 double sided pages or take less than 20 minutes to prepare, the documents will be provided free of charge to your attention.

If the requested documents are more than 10 double sided pages or take more than 20 minutes to prepare, the Office of the Prosecuting Attorney will charge for the response. The charges will include copy costs, copy labor costs, retrieval costs, redaction and/or separation costs and mailing costs.

All labor will be charged at the hourly wage of the lowest paid employee who is able to prepare the response plus fringe benefits up to 50% of their wage. The labor will be charged in 20 minute increments, which will be rounded down.

A detailed itemized bill will be provided to your attention. Upon payment of the itemized bill, a copy of the FOIA response will be provided to you.

Reduced fees for Indigence and qualifying nonprofit organizations will be provided as required by law.

Does my request require a deposit?

If the estimated cost of a response exceeds $50.00, a 50% deposit is required prior to a response being prepared.

You will receive a cost estimate prepared by the Office of the Prosecuting Attorney in response to your request.

If the Office of the Prosecuting Attorney receives a request from an individual that has not paid for a previously granted request, the Office of the Prosecuting Attorney will require a 100% deposit as provided by law.

What will the response contain?

If no responsive public documents exist, the Office of the Prosecuting Attorney will provide an affidavit of non-existence.

Large files cannot be e-mailed.

The response will contain a complete copy of all public records that are responsive to the request.

All non-public records will be removed from all responses.

Documents will be redacted to remove personal information including home addresses, phone numbers, dates of births and social security numbers. FOIA responses that are redacted or separated will include a detailed explanation of the reasons for the redaction and/or separation with the response.

Other items will be redacted from responses as provided by law.

FOIA responses that are redacted or separated will include a detailed explanation of the reasons for the redaction and/or separation with the response.

If you are requesting photographs and/or videos, they will be provided in a digital format unless otherwise requested.

Can I appeal the response?

Response Content:

If you receive an affidavit of non-existence or redacted records in response to your request, you may file an appeal by sending a letter entitled "FOIA Appeal" to the Prosecutor at 227 W. Michigan Avenue, Kalamazoo, MI 49007.

You also have the right to file an action in the Circuit Court of Kalamazoo County to compel disclosure without first filing an appeal with the public body. You must file the action in the Circuit Court within 180 days of the date of the response.

Response Fee:

If the FOIA fee exceeds the amount permitted by law or the Office of the Prosecutor's procedures, you may file an appeal of fees with the Prosecutor. Within 10 days of receipt of a notice of appeal of fees, the Prosecutor will uphold the fee, reduce the fee or waive the fee. If the Prosecutor fails to respond to the appeal or issues a response to the appeal, an action may be filed 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 receiving the determination of the appeal.

A detailed explanation of the FOIA Procedures can be found at
www.kalcounty.com/opa/foiaprocedure.htm

A copy of the FOIA Request Form can be found at
www.kalcounty.com/opa/foiarequest.php

A copy of the FOIA Request Form as a printable PDF file can be found at
www.kalcounty.com/opa/FOIA Request for Public Record OPA.pdf

A copy of the itemized billing form can be found at
www.kalcounty.com/opa/FOIA Worksheet OPA.pdf

A copy of the FOIA Policy can be found at
www.kalcounty.com/opa/foiapolicy.htm

A copy of an Affidavit of Indigence can be found at
www.kalcounty.com/opa/FOIA Affidavit of Indigency OPA.pdf