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Warner Norcross + Judd LLP is a corporate law firm with over 230 attorneys serving clients in nine offices throughout Michigan. Among the largest law firms in Michigan, Warner works in virtually all areas of business law.

Michigan Law Firm - Warner Norcross + Judd LLP

Michigan’s Freedom of Information Act (FOIA) has long shielded the state’s highest levels of government, exempting the governor’s office and legislature from FOIA requests. The only other state with such an exemption is Massachusetts. But Michigan could soon change that if the House overcomes political hurdles and sends Senate Bills 669 and 670 to the governor’s desk.

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On December 11, 2024, the House Government Operations Committee advanced the bill package to the House floor — a long-awaited yet cautious victory for journalists and transparency advocates who, for years, were sidelined by politics in their fight to expand Michigan’s FOIA laws.

Senate Bills 669 and 670 would overhaul Michigan’s transparency laws by making the legislature, governor, lieutenant governor and their executive offices subject to FOIA’s public records disclosure requirements. The bills also set guidelines for records retention and disclosure, along with other key changes to the act.

If enacted, Senate Bill 669 would redefine “public body” in the statute to include the governor, lieutenant governor and their executive offices, as well as the legislature, making them subject to the same disclosure requirements as other state agencies. However, certain legislative entities such as the Legislative Service Bureau and fiscal agencies would remain exempt.

Senate Bill 670 would also require the House Speaker and Senate Majority Leader to appoint FOIA coordinators to handle public records requests and appeals.

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Equally important as the proposed expansion are the numerous exemptions, which, if passed, carve out a broad range of items from disclosure that could face interpretive scrutiny. For example, Senate Bill 670 would allow the governor and lieutenant governor to exempt any of the following from disclosure:

Records created or retained by the governor, lieutenant governor, executive office or employees before the bill takes effect.

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Records held for less than 30 days by the governor, lieutenant governor, executive office or employees.

Records related to appointments, removals, reprieves, pardons, budget recommendations, expenditure reductions, legislative messages or the executive residence.

Records that could impact the security of the governor, lieutenant governor or their family members.

The cell numbers of the governor, lieutenant governor or executive office employees.

Records related to internal investigations or civil actions involving the executive office until finally adjudicated or settled.

Communication between the executive office and constituents (excluding state employees, lobbyists or appointees).

Records related to advice, opinions or recommendations on public policy or district work.

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In addition, Senate Bill 670 would allow a state legislative public body to exempt any of the following from disclosure:

Records created or retained by the legislative public body before the bill takes effect.

Records held for less than 30 days by the legislative public body.

Records related to the appointment of individuals by the House Speaker or Senate Majority Leader (excluding post-appointment records unless related to the selection process).

Records from the Office of Sergeant at Arms.

Personal phone numbers of legislators or public body employees.

Records related to internal or legislative investigations.

Records related to civil actions involving the public body until finally adjudicated or settled.

Communications between legislators or their offices and constituents (excluding lobbyists).

Records exempted from disclosure by statute or regulation.

If passed, both bills would take effect on January 1, 2027. The bills have bipartisan support and the backing of an unlikely coalition of organizations across the political spectrum. They are sponsored by State Senators Jeremy Moss (D-Southfield) and Ed McBroom (R-Waucedah Township).

In 2015, Michigan was ranked dead last in government transparency and accountability, earning an F grade from the State Integrity Investigation by the Center for Public Integrity. This recent momentum suggests that Michigan’s long-stalled push for greater government transparency could finally advance as the 2024 legislative session nears its end.

To learn more about this story, read the Click on Detroit article featuring Charlie Kadado <a href="https://www.clickondetroit.com/news/local/2024/12/19/amid-growing-distrust-2-bills-aim-to-boost-government-transparency-in-lansing/" target="_blank" rel="noreferrer noopener">here</a>.

Warner’s Privacy, Defamation, Media and First Amendment Litigation attorneys have extensive legal and practical experience handling Freedom of Information Act (FOIA) matters. If we can be of assistance to you, please contact us.

Associate

Charles C. Kadado

Partner

Brian D. Wassom

Government Advocacy and Affairs

Litigation and Dispute Resolution

Privacy, Defamation, Media and First Amendment Litigation

Michigan’s Proposed FOIA Bills Extend Transparency to Governor and Legislature

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Michigan’s Proposed FOIA Bills Extend Transparency to Governor and Legislature

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