The inability for the Michigan Supreme court to hold government agencies to the freedom of information standards we THOUGHT we had in place as an oversight tool is a bit of a tragedy. we should have the expectation that ALL correspondence done by our public officials on company time on government owned equipment is not private use. From a release:
State Supreme Court Failure to Rectify Disastrous FOIA Ruling `Must Be Fixed,' Says Center Attorney
Legislature should act swiftly to restore the intent behind Michigan's public disclosure law
MIDLAND -- In a setback for government transparency, the Michigan Supreme Court yesterday refused again to hear an appeal of a lower court decision that misinterpreted the Freedom of Information Act and now thwarts disclosure of improper activity by public employees. The Mackinac Center and the Michigan Press Association had filed a joint amicus brief seeking to have the state Supreme Court overturn the ruling and uphold the true meaning of the statute.
"In one sense, the Court's decision is unsurprising, since the court rarely grants reconsideration motions," said Patrick Wright, director of the Mackinac Center Legal Foundation. "On the other hand, the Court of Appeals completely misread the law in a way that will help government officials hide criminal activity -- the exact opposite of FOIA's intent. This ruling must be fixed either by the Legislature or by the Michigan Supreme Court in a future case."
The case was originally filed by citizen-journalist Chetly Zarko in 2007. Zarko, who passed away in 2010, was seeking public-employee emails related to a labor conflict and potential illegal politicking in the Howell School District. The Michigan Education Association subsequently filed a suit to prevent the disclosure. A trial court ruled in Zarko's favor, but the Court of Appeals overturned that decision in a manner that significantly undermined the effectiveness of FOIA, which was enacted post-Watergate to enable the public to ferret out illegal governmental conduct.
In December 2010, the Supreme Court denied leave to appeal the decision in a 4-3 ruling. A reconsideration motion was filed by Zarko's attorneys in January and heard by a court that included two new justices.
"If allowed to stand, this ruling decimates FOIA and cries out for a quick fix," said Wright. "We should not permit state and local governments to hide their criminal activity from those they serve."
Understood that the court rarely reconsiders, but given the manner in which public integrity has been bolstered by FOIA activity, it is a shame indeed. Zarko BTW, was someone who pummeled public officials (good and bad) with FOIA requests. His best friend mentioned the room full with cases of FOIA requests that didn't even cover all of his activity.
The spirit of that type of determination in revealing truth in government shall be missed. It was good for us and truly good for the elected officials in keeping them straight up.
It is my hope the legislature takes the Mackinac Center's suggestion seriously, and strengthens the FOIA abilities that ultimately provide us with honest government.
