Pursuant to the FOIA, the following records shall be exempt from disclosure:
(A) Information of a personal nature if public disclosure of the information would constitute a clearly unwarranted invasion of an individual’s privacy;
(B) Investigating records compiled for law enforcement purposes, but only to the extent that disclosure as a public record would do any of the following:
(1) Interfere with law enforcement proceedings;
(2) Deprive a person of the right to a fair trial or impartial administrative adjudication;
(3) Constitute an unwarranted invasion of personal privacy;
(4) Disclose the identity of a confidential source, or if the record is compiled by a law enforcement agency in the course of a criminal investigation, disclose confidential information furnished only by a confidential source;
(5) Disclose law enforcement investigative techniques or procedures; and/or
(6) Endanger the life or physical safety of law enforcement personnel.
(C) A public record that if disclosed would prejudice a public body’s ability to maintain the physical security of custodial or penal institutions occupied by persons arrested or convicted of a crime or admitted because of a mental disability, unless the public interest in disclosure under this Act outweighs the public interest in non-disclosure;
(D) Records or information specifically described and exempted from disclosure by statute;
(E) A public record that is furnished by the public body to a public officer in connection with the performance of the duties of that public officer, if the considerations originally giving rise to the exempt nature of the public record remain applicable;
(F) Trade secrets or commercial or financial information voluntarily provided to an agency for use in developing policy if:
(1) The information is submitted upon a promise of confidentiality by the public body;
(2) The promise of confidentiality is authorized by the Village Council at the time the promise is made; and
(3) A description of the information is recorded by the public body within a reasonable time after it has been submitted, maintained in a central place within the public body, and made available to a person upon request. This division (F)(3) does not apply to information submitted as a condition of receiving a contract, license, or other benefit.
(G) Information or records subject to the attorney-client privilege;
(H) Information or records subject to the physician-patient privilege, the psychologist-patient privilege, the minister, priest, or Christian Science practitioner privilege, or other privilege recognized by statute or court rule;
(I) A bid or proposal by a person to enter into a contract or agreement, until the time for the public opening of bids or proposals, or if a public opening is not to be conducted, until the deadline for submission of bids or proposals has expired;
(J) Appraisals of real property to be acquired by the public body until either of the following occurs:
(1) An agreement is entered into; or
(2) Three years have elapsed since the making of the appraisal, unless litigation relative to the acquisition has not yet terminated.
(K) Test questions and answers, scoring keys, and other examination instruments or data used to administer a license, public employment, or academic examination, unless the public interest in disclosure under this Act outweighs the public interest in non-disclosure;
(L) Medical, counseling, or psychological facts or evaluations concerning an individual if the individual’s identity would be revealed by a disclosure of those facts or evaluation;
(M) Communications and notes within a public body or between public bodies of an advisory nature to the extent that they cover other than purely factual materials and are preliminary to a final agency determination of policy or action. This exemption does not apply unless the public body shows that in the particular instance the public interest in encouraging frank communication between officials and employees of public bodies clearly outweighs the public interest in disclosure;
(N) Records of law enforcement communication codes, or plans for deployment of law enforcement personnel, that if disclosed would prejudice a public body’s ability to protect the public safety unless the public interest in disclosure under this Act outweighs the public interest in non-disclosure in the particular instance;
(O) Testing data developed by a public body in determining whether bidders’ products meet the specifications for purchase of those products by the public body, if disclosure of the data would reveal that only one bidder has met the specifications. This division (O) does not apply after one year has elapsed from the time the public body completes the testing;
(P) Unless the public interest in disclosure outweighs the public interest in non-disclosure in the particular instance, public records of a law enforcement agency, the release of which would do any of the following:
(1) Identify or provide a means of identifying an informant;
(2) Identify or provide a means of identifying a law enforcement undercover officer or agent or a plain clothes officer as a law enforcement officer or agent;
(3) Disclose the personal address or telephone number of active or retired law enforcement officers or agents or a special skill that they may have;
(4) Disclose the name, address, or telephone numbers of family members, relatives, children, or parents of active or retired law enforcement officers or agents;
(5) Disclose operational instructions for law enforcement officers or agents;
(6) Reveal the contents of staff manuals provided for law enforcement officers or agents;
(7) Endanger the life or safety of law enforcement officers or agents or their families, relatives, children, parents, or those who furnish information to law enforcement departments or agencies;
(8) Identify or provide a means of identifying a person as a law enforcement officer, agent, or informant;
(9) Disclose personnel records of law enforcement agencies; and/or
(10) Identify or provide a means of identifying residences that law enforcement agencies are requested to check in the absence of their owners or tenants.
(Q) Records of a public body’s security measures, including security plans, security codes and combinations, passwords, passes, keys, and security procedures, to the extent that the records relate to the ongoing security of the public body;
(R) Records or information relating to a civil action in which the requesting party and the public body are parties;
(S) Information or records that would disclose the Social Security number of an individual; and/or
(T) Records or information of measures designed to protect the security or safety of persons or property, whether public or private, including, but not limited to, building, public works, and public water supply designs to the extent that those designs relate to the ongoing security measures of a public body, capabilities and plans for responding to a violation of the State Anti-Terrorism Act, being M.C.L.A. §§ 750.543a et seq., emergency response plans, risk planning documents, threat assessments, and domestic preparedness strategies, unless disclosure would not impair a public body’s ability to protect the security or safety of persons or property or unless the public interest in disclosure outweighs the public interest in non-disclosure in the particular instance.
(Res. 2 of 2014, passed 11-10-2014)