Howell Education Association v. Howell Board of Education

Just what constitutes a public record? Are documents created by a public official on a public computer system “public records” under Michigan's Freedom of Information Act? In this "friend of the court" brief, Mackinac Senior Legal Analyst Patrick J. Wright argues the answer is “yes” and warns that a failure to readily disclose such documents would seriously undermine FOIA's value.

Contents

• About This Document: A Brief of Amicus Curiae
• Executive Summary
• Table of Authorities
• Jurisdictional Statement
• Statement of Question Involved
• Statement of Facts
• Argument
  • A. Standard of review
  • B. The FOIA is meant to maximize the public’s access to information related to the functioning of government
  • C. Reverse FOIAs
  • D. All e-mails generated by school employees on public school computer systems are public records
    • 1. Admissions
    • 2. “Purely personal” e-mails
    • 3. “Internal union communications” e-mails
• Relief Requested