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Archiver > PADUTCH-LIFE > 2001-12 > 1007749932


From: "YankeeDD" <>
Subject: [PD-LIFE] OOPS Genealogist VICTORY
Date: Fri, 7 Dec 2001 13:32:12 -0500


Sorry, here's the substance of the message:

GRANHOLM: BODIES MAY NOT DISCRIMINATE ON RECORDS REVIEWS
>
>
> A government agency cannot impose more restrictive times to review
documents
> on some people than it does generally for the public, Michigan Attorney
> General Jennifer Granholm ruled today.
>
>
> In opinion No. 7095, Ms. Granholm said the 1976 Freedom of Information Act
> does not give public bodies the power to distinguish between members of
the
> public for their purposes for reviewing documents, and for setting
different
> schedules on when those persons can review the documents.
>
>
> Ms. Granholm said there were indications that some county clerks were
> requiring individuals requesting time to review documents to identify the
> purpose of their search. If the request was for genealogical purposes,
> then the clerks were imposing a more restrictive time period to conduct
> searches.
>
>
> "The FOIA contains no provision requiring the requester to disclose why
> inspection of a public record is sought," Ms. Granholm said.
"Accordingly,
> a public body may not require a person to disclose his or her purpose for
> inspecting the records as a condition to obtaining access to the records."
>
> Jennifer Granholm's opinion is based upon Michigan law, but the various
> state and federal freedom of information laws have very similar
provisions.
> . . accordingly, this AG opinion would be more likely to be cited by
various
> courts (or municipal clerks) outside Michigan for its persuasive, rather
> than binding, authority.
>
>
> Kurt D. Gallinger
> Dykema Gossett PLLC
> 800 Michigan National Tower
> Lansing, MI 48933
> (517) 374-9171
>
>
>
>
>
>


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