Detroit Free Press, Inc v. City of Southfield
Detroit Free Press, Inc v. City of Southfield
Opinion of the Court
In this case involving Michigan’s Freedom of Information Act (FOIA), MCL 15.231 et seq., defendant city of Southfield appeals by right an order granting summary disposition in favor of plaintiff Detroit Free Press, Inc., against defendants. The remaining defendant retirement systems appeal the same order by leave granted. Defendants present overlapping arguments challenging the trial court’s ruling that each defendant violated the FOIA by refusing to disclose the names and corresponding pension income amounts of the “top twenty” police and fire fighter pension recipients from each public body. We affirm.
In January 2004, plaintiffs Lansing Bureau Chief, Chris Christoff, sent a letter to defendant city of South-field that requested
a list of the individuals who receive the 20 largest pension payouts from the City of Southfield’s general employee and police and fire retirement systems.
Please include the names of 20 top current pension recipients of each retirement system, the amount of their pension benefits and information showing how individual pensions are calculated.
Christoff apparently never sent an FOIA request to the city’s retirement system. The city, upon receiving Christoffs request, informed Christoff that it should have been submitted directly to defendant City of Southfield Fire and Police Retirement System’s board of trustees. Nevertheless, the city eventually released information to Christoff. In its correspondence, the city noted that “a list of individuals who receive the 20
Around the same time, plaintiff sent requests for the same information to the other defendant police and fire fighter retirement systems. In each case, plaintiff received a similar response — a list of ranks and their corresponding pension incomes, but no names. Plaintiff sued to compel the release of the retirees’ names with their corresponding pension incomes, and the trial court granted summary disposition in its favor.
Defendants argue that the trial court erred in concluding that the names of the police officers and their corresponding pension incomes were subject to disclosure under the FOIA. We reject defendants’ arguments. We review de novo a trial court’s decision to grant summary disposition, Maiden v Rozwood, 461 Mich 109, 118; 597 NW2d 817 (1999) Under the FOIA, an
Consistent with the FOIA’s underlying policies, a public body is required to grant full disclosure of its records, unless they are specifically exempt under MCL 15.243. MCL 15.231; Herald Co, supra at 118-119. Courts narrowly construe any claimed exemption and place the burden of proving its applicability on the public body asserting it. Herald Co, supra at 119; MCL 15.240(4).
Regarding the first prong, the names of pension recipients combined with their pension amounts is not information of a personal nature. The information does not solely relate to private assets or personal decisions. See, e.g., Stone Street Capital, Inc v Bureau of State Lottery, 263 Mich App 683, 692-693; 689 NW2d 541 (2004) (upholding a decision not to disclose the names, addresses, and other personal information of assignees of lottery winnings); Mager, supra at 143-144 (holding
Defendants argue that the information is exempt in this case though because the pensions are drawn from “private” trust assets. We disagree. Records are not automatically exempt under the FOIA merely because they contain information about private assets. Rather, if private information is included in the records of a public body, the court must determine whether the information is exempt because it relates to an individual’s “private life” according to the community standards, customs, and views. Bradley, supra at 294. Here, the “private” trust is primarily funded with public money, so defendants may not hide behind the trust’s status as a private entity. Although we agree with defendants that the analysis might be different if the retirees’ benefits were maintained in individually managed accounts such as individual retirement accounts (IRAs), defendants presented no evidence that the in
Accordingly, the pension amounts do not constitute personal information because “[t]he precise manner of expenditure of public funds is simply not a private fact.” Penokie, supra at 663. It goes without saying that private information can be inextricably linked to an individual’s public life, which is why our Supreme Court held that a fist including the “names, current job titles, cities of residence and age of the seven final candidates for the job of Bay City fire chief” was not personal information. Herald Co, supra at 120, 125. Similarly, the retirees’ publicly funded pensions — like their previous salaries — are of interest to the public, and only through disclosure can the public expect to prevent abuse. Having found that the pension amounts do not constitute personal information, we need not address whether their disclosure would be a clearly unwarranted invasion of privacy. Bradley, supra at 294.
Defendants also argue that the retired police officers’ names should be exempt because the information would either identify law enforcement officers, MCL 15.243(1)(s)(viii), or disclose the personnel records of law enforcement agencies, MCL 15.243(1)(s)(ix).
Unless the public interest in disclosure outweighs the public interest in nondisclosure in the particular instance, public records of a law enforcement agency, the release of which would do any of the following: *
*
(viii) Identify or provide a means of identifying a person as a law enforcement officer, agent, or informer.
(ix) Disclose personnel records of law enforcement agencies.
As the statute indicates, a record that falls within one of these categories is not automatically exempt from dis
Because the requested information involves retirees, defendants fail to demonstrate how the information would identify the pension recipients as law enforcement officers. Although the retired police officers were law enforcement officers once, defendants have not presented any evidence suggesting that they are still employed in that capacity. On the contrary, the very nature of the request reflects that plaintiff only seeks information on individuals who are no longer law enforcement officers. Similarly, in MCL 15.243(s)(iii), as amended by 2002 PA 130, the FOIA specifically exempts from disclosure information regarding the addresses and phone numbers of retired police officers, so the absence of the modifier “retired” in MCL 15.243(s)(viii) indicates that the Legislature intended the exemption in MCL 15.243(s)(viii) to apply only to the identities of active law enforcement officers. Therefore, providing the names of retirees with their corresponding pension incomes does not invoke the exemption in MCL 15.243(s)(viii).
Whether divulging the retirees’ pensions would “[d]isclose personnel records of law enforcement agencies” according to MCL 15.243(l)(s)(ix) is a more difficult question. The term “personnel” includes “all facets of the employment process, not simply records related
Even if disclosure of the names and pension amounts together had fit within these exemptions, the trial court did not clearly err when it found that the interest in disclosure outweighed the retirees’ interest in nondisclosure. Given the fact that the retirees’ identities alone are not expressly exempted from disclosure, there is only a negligible increase in the possibility that defendants’ speculative litany of various calamities would actually befall a retired police officer merely because the officer’s corresponding pension income is also known. Therefore, the negligible additional risk does not outweigh the public’s interest in knowing how and to whom the government is distributing its tax dollars. MCL 15.231. Accordingly, defendants have not met their common burden of justifying nondisclosure. Federated Publications, supra at 108-109.
Turning to the separate arguments raised by defendant city of Southfield, we disagree that plaintiffs request required the city to compile a summary report or create a new public record. MCL 15.233(4), (5). Although plaintiffs literal request was for “a list,” the actual information sought by plaintiff was made clear
the Legislature did not impose detailed or technical requirements as a precondition for granting the public access to information. Instead, the Legislature simply required that any request be sufficiently descriptive to allow the public body to find public records containing the information sought.... [W]e note that it would be odd indeed to ask a party who has no access to public records to attempt specifically to describe them.
Rather than compiling a list, the city could have satisfied the request by allowing plaintiff access to, or providing copies of, redacted records that contained only the requested information. Id. at 122. The city’s claims of exemption belie any argument that it did not have access to records containing the information.
The city also argues that it is not liable under the FOIA because it was the wrong public body to grant plaintiffs request and that plaintiff should have addressed its request to its retirement system. We disagree. Plaintiff does not contest that the city and its retirement system are separate public bodies and that the retirement system itself may be considered a public body under the FOIA. Detroit News, Inc v Policemen & Firemen Retirement Sys of Detroit, 252 Mich App 59, 71; 651 NW2d 127 (2002). Nevertheless, the records were “public records” that the city must disclose under the FOIA, regardless of the difference between the two entities. Although the city’s letter expressed its preference that plaintiff direct its FOIA requests to its retirement system, there is direct evidence that the city could also produce the requested records. The city compiled a
For the same reasons, we reject the city’s claim that it is not liable for plaintiffs fees and costs. If a requesting person prevails in an action challenging nondisclosure under the FOIA, “the court shall award reasonable attorneys’ fees, costs, and disbursements.” MCL 15.240(6). A plaintiff has prevailed if: “ ‘(1) the action was reasonably necessary to compel the disclosure; and (2) the action had the substantial causative effect on the delivery of the information to the plaintiff.’ ” Local Area Watch v Grand Rapids, 262 Mich App 136, 149; 683 NW2d 745 (2004), quoting Schinzel v Wilkerson, 110 Mich App 600, 602; 313 NW2d 167 (1981). Whether a defending public body’s actions in denying the request were reasonable is irrelevant. Local Area Watch, supra at 150. The award shall be assessed against the public body “that kept or maintained the public record as part of its public function.” MCL 15.240(7). The city does not expressly challenge whether plaintiff has prevailed in this action; rather, the city claims that plaintiff has not prevailed against the city. However, plaintiff issued its request to the city, which failed to comply with the FOIA. Therefore, the trial court correctly found that plaintiff prevailed against the city.
On a related note, the Southfield Fire and Police Retirement System argues that it was not a proper
The city argues that plaintiff did not have standing to sue because only Christoff, himself, maybe considered a “requesting person” under the FOIA. We disagree. The FOIA provides that “a person” has a right to inspect, copy, or receive public records upon providing a written request to the FOIA coordinator of the public body. MCL 15.233(1), 15.235(1). The statute then grants “the requesting person” standing to commence an action in a circuit court to compel disclosure of records which the public body has refused to disclose. MCL 15.235(7)(b), 15.240(l)(b). Under the FOIA, “ ‘[pjerson’ means an individual, corporation,... or other legal entity.” MCL 15.232(c). A corporation acts through its individual agents as a matter of course. Here, Christoffs request was written on “Detroit Free Press” letterhead, and Christoff identified himself as the “Lansing Bureau Chief.” He also stated that he was a journalist for plaintiff and that he intended to use the requested
Regarding the city’s last two justifications for nondisclosure, we first find that Kallstrom v City of Columbus, 136 F3d 1055 (CA 6,1998), is distinguishable. This is not a case in which the requested disclosure may lead a drug gang to a police officer’s doorstep. In fact, the city conceded that the names of the individuals are essentially a matter of public record, i.e., anyone may discover who occupied the office of police chief in 1994. The city only balked at associating the names behind the disclosed ranks with a particular pension benefit, which is information that is neither secure, private, nor exempt. Second, the federal FOIA, 5 USC 551 et seq., does not apply to the city’s records under the exemption in MCL 15.243(1)(d) regarding “[r]ecords or information specifically described and exempted from disclosure by statute.” The federal FOIA relates to the public’s access to the records of federal agencies, not records of state agencies, 5 USC 552(f)(1) and 551(1), so it does not particularly exempt the city’s records from disclosure.
Affirmed.
This indicates that defendants’ retirement plans are defined benefit plans rather than defined contribution plans. We note that if a defined contribution plan were at issue, our analysis and result would be substantially different.
We note our reluctance to categorize defendants as “law enforcement” agencies, which are the only agencies that may claim these exemptions, but our ultimate conclusion does not require us to reach this issue.
Dissenting Opinion
(dissenting). I respectfully dissent. While, under the Freedom of Information Act, MCL 15.231 et seq., the public has the right to documents that show how much public money was spent on pensions for public employees, the request here exceeds that right. The FOIA does not require the defendant boards to disclose documents that reveal how much any specifically identified individual receives in annual pension
During oral argument, counsel for the boards pointed out, without contradiction or rebuttal, that the majority of the money used to pay the pensions of the retired police officers and firefighters is earned by the retirement funds, not contributed by the public. That is, the money ultimately used to pay pensions comes from three distinct sources: (1) public contributions, (2) employee contributions, including employee investment decisions (such as “buying years of service” or using accumulated sick leave), and (3) earnings achieved through investment decisions by the board. The majority incorrectly characterizes pension payments as “more comparable to public salaries than to private assets.” Ante, p 283. To the contrary, a salary is paid with current government funds, while the pension payments at issue are, in large part, comprised of money other than the amount originally paid into the retirement system. Thus, the amount of taxpayer dollars the government previously contributed into the retirement system should be disclosed, not how much individual retirees or their families receive as a result of personal investment decisions.
If, for example, the purpose of the FOIA request is to discover how much Southfield contributed to the “top twenty retirees,” then the only information the board is required to disclose is the money Southfield contributed to the retirement system, not the amounts received by retirees now, which includes employee contributions and investment-produced accumulations. The purpose of the FOIA is to show how government operates — in this instance, how government spends public funds on pensions. Again, this is accomplished by showing the
Furthermore, the pension payments to any specific individual retiree or the retiree’s spouse or child is personal financial information and disclosure would constitute a clearly unwarranted invasion of privacy. Indeed, unless the public interest in disclosure outweighs the public interest in nondisclosure, the identities of law enforcement officers and relatives of active or retired law enforcement officers are exempt from FOIA. MCL 15.243(1)(s)(iv). Moreover, the FOIA exempts from disclosure personnel records of law enforcement agencies and makes no distinction between the records of active or retired officers. MCL 15.243(1)(s)(ix). Michigan case law has protected personal financial information of citizens from disclosure on the grounds of privacy, and we should do so here as well. Stone Street Capital, Inc v Bureau of State Lottery, 263 Mich App 683, 693; 689 NW2d 541 (2004).
Key to our analysis under the FOIA is that whatever information we hold to be subject to FOIA disclosure serves the interest of the FOIA — to inform citizens about how the government operates. Mager v Dep’t of State Police, 460 Mich 134, 145-146; 595 NW2d 142 (1999). And, therefore, here, the only amount that shows how the government operates — i.e., what it spends for pensions, is the amount the government contributes, not the amount the private citizen/retiree receives in pension payments. Moreover, because the individual retiree has a privacy interest in his or her personal financial information, we, as an appellate court, must ask the ultimate policy question: Does the public interest in disclosure here outweigh the retiree’s privacy interest? The answer is that the individual retiree’s privacy interests clearly outweigh whatever
Therefore, I would respectfully disagree with the majority and instead hold that the retirement boards must disclose what the respective governmental entities paid into the retirement system for the “top twenty,” not what any individual in the “top twenty” receives on an annual basis. Accordingly, I would reverse the trial court decision and hold that the pension boards have fully
Indeed, because the boards produced documents that show how much the “top twenty” received, the boards have provided more than the FOIA requires because the FOIA only requires a disclosure of what the public contributed to these pensions.
Reference
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- Detroit Free Press, Inc. v. City of Southfield
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- Published