NOTICE OF NON-DISCRIMINATION
KALAMAZOO COMMUNITY MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES
MICHIGAN FREEDOM OF INFORMATION ACT
PROCEDURES AND GUIDELINES TO REQUEST DOCUMENTS
The Michigan Freedom of Information Act (FOIA) (MCL 15.231) requires Kalamazoo Community Mental Health and Substance Abuse Services (KCMHSAS) to provide information related to requests for release of documents held by KCMHSAS. If you have any questions about these procedures and guidelines you may contact Demeta Wallace, KCMHSAS FOIA Coordinator at firstname.lastname@example.org or (269)364-6901.
HOW TO SUBMIT A REQUEST FOR DOCUMENTS UNDER THE FOIA
You may send a written request for documents held by KCMHSAS to the attention of Demeta Wallace via e-mail (email@example.com) or first class mail (2030 Alcott, Kalamazoo, MI 49001). KCMSHAS is only required to provide documents in its possession that are described with enough information for KCMHSAS to find the documents requested.
KCMHSAS is not required to release documents that are subject to the exemptions from disclosure stated in the FOIA.
KCMHSAS is not required to take action to create documents in order to provide information requested.
PERMITTED RESPONSES BY KCMHSAS AFTER RECEIPT OF A REQUEST FOR DOCUMENTS
Within five business days after receiving a request for documents KCMHSAS must take one of the following actions:
If you request documents by sending an email or facsimile, KCMHSAS is considered to have received the request on the next business day after the request is sent; however, if an email request is diverted to a spam or junk mail folder, KCMHSAS is not considered to have received the request until the next business day after KCMHSAS becomes aware of the request. KCMHSAS is required to maintain records stating the time the request is diverted to its spam or junk mail folder and the time KCMHAS becomes aware of the request.
The failure of KCMHSAS to provide any response indicates a determination to deny the request, so long as the failure to respond is intentional and/or the first 250 words of any written correspondence directed to KCMHSAS contain words or abbreviations of words such as “freedom of information”, “information”, “FOIA”, “copy” or similar words.
If KCMHSAS denies a request for documents the person requesting documents may take one of the following actions:
FEES FOR SEARCHING, REVIEWING AND COPYING REQUESTED DOCUMENTS
The Michigan FOIA allows KCMHSAS to charge a fee for a record search, for reviewing documents in order to determine whether portions are exempt from disclosure, for redacting exempt information, for copying records, and for the cost of mailing records by first class mail. KCMHSAS may charge these fees only if the failure to charge a fee would result in unreasonably high costs to KCMHSAS and only if documents or information requested are not already available on KCMHSAS’s website. KCMHSAS must identify the nature of such costs if it determines to charge fees for responding to a particular request.
KCMHSAS may not charge more than the hourly wage of its lowest-paid employee capable of performing those tasks. Labor costs are charged in 15 minute increments. KCMHSAS may also include additional fees of up to 50% of the amount charged for labor costs to cover or partially cover the cost of fringe benefits, so long as it clearly identifies the amount charged for benefits in a detailed itemization of fees charged and so long as it does not charge more than the actual cost of fringe benefits. Charges for copying documents will be $0.10 per page.
KCMHSAS may waive or reduce fees for responding to a request for documents if it determines it is in the public interest to do so. If a person requesting documents provides information that he/she is unable to pay fees associated with KCMHSAS’s response or if the request is directly from a nonprofit organization (or on behalf of its clients) designated by the State of Michigan under subtitle C of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 or the Protection and Advocacy for Individuals with Mental Illness Act for reasons consistent with the organization’s mission, KCMHSAS will waive the first $20.00 of any fees and thereafter determine whether it will discount or waive any additional fees associated with the request.
A person is not eligible for a reduction or waiver of fees associated with his/her request if:
KCMHSAS may require a good faith deposit not to exceed one half (1/2) of the estimated fee if fees are expected to exceed $50.00. KCMHSAS will provide a detailed itemization of estimated costs when it requests a deposit. If KCMHSAS willfully and intentionally does not provide a timely response to a request for documents, it will reduce fees for labor costs associated with its response to the request by 5% for each day its response is late, up to a maximum of a 50% reduction.
If KCMHSAS assesses a fee in excess of the amount permitted by the Michigan FOIA or these Procedures and Guidelines the person requesting documents may do any of the following:
418 W. Kalamazoo Ave
Kalamazoo, MI 49007
Nazareth, MI 49074
2030 Portage Rd
Kalamazoo, MI 49001
615 East Crosstown Parkway