Tallman v. Cheboygan Area Schools

454 N.W.2d 171, 183 Mich. App. 123
CourtMichigan Court of Appeals
DecidedApril 2, 1990
DocketDocket No. 113500
StatusPublished
Cited by11 cases

This text of 454 N.W.2d 171 (Tallman v. Cheboygan Area Schools) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Tallman v. Cheboygan Area Schools, 454 N.W.2d 171, 183 Mich. App. 123 (Mich. Ct. App. 1990).

Opinion

Murphy, P.J.

Plaintiff appeals from the trial court’s judgment of no cause for action on her claim that defendant denied her request for a copy of her son’s school file, in violation of the Freedom of Information Act, MCL 15.231 et seq.; MSA 4.1801(1) et seq.

Plaintiff is the mother of Nicholas Tallman, a high school student in the Cheboygan Area Schools. Nicholas had been injured in an accident at school and was undergoing physical rehabilitation. Plaintiff went to the office of the school principal and orally requested a copy of her son’s school file because she had an appointment for Nicholas on the following day at a vocational rehabilitation center in Grand Rapids. Although the principal had the file on his desk, he would not [125]*125allow plaintiff to inspect it at that time. Plaintiff testified that, when she requested a copy of the file, the principal told her the copy would cost her $1 per page. Plaintiff then requested that she be permitted to take the file out for copying at a less expensive price.1 However, the principal refused to allow the file to be taken from his office.2

Later that same day, plaintiff went to the school district superintendent’s office where she was again told that she must pay a charge for copying Nicholas’ file.3 Plaintiff was also advised that, if the vocational rehabilitation center made a written request for the file, appropriate portions of the file would be provided without charge. Plaintiff found this unacceptable because she needed the file on the following day for the out-of-town appointment with the vocational rehabilitation center.

A few days later, through her attorney, plaintiff submitted a written request for a copy of the file.4 The superintendent’s reply letter indicated that the school district’s policy set the copying charge at $1 per page for the first twenty pages, $0.50 for each of the next twenty pages, and $0.20 for each additional page thereafter, for a total cost of [126]*126$32.40 for a copy of Nicholas’ .file,5 rather than the $1 per page originally stated to plaintiff. Shortly after receiving this response, plaintiff commenced the present action.

After hearing testimony and examining the exhibits, the trial court made factual findings that the defendant had not violated the foia by denying plaintiff access to her son’s file nor had defendant acted capriciously or arbitrarily, in violation of the foia.

This Court will not set aside findings of fact by a trial court unless they are clearly erroneous. MCR 2.613(C). A finding of fact is not clearly erroneous unless there is no evidence to support it or the reviewing court on the entire record is left with the definite and firm conviction that a mistake has been committed. Tuttle v Dep’t of State Highways, 397 Mich 44, 46; 243 NW2d 244 (1976). Even if defendant’s refusal to disclose or provide the requested materials was a statutory violation, it was not necessarily arbitrary or capricious if defendant’s decision to act was based on consideration of principles or circumstances and was reasonable, rather than "whimsical.” Laracey v Financial Institutions Bureau, 163 Mich App 437, 441; 414 NW2d 909 (1987), lv den 430 Mich 875 (1988).

Defendant offered plaintiff an opportunity to inspect the file after it had been reviewed for exempt materials, if any, and at a convenient time. She was offered copies at a price that appears reasonable but is a price plaintiff claims to have been computed in violation of the foia. Additionally, plaintiff was offered copies at no charge if a written request was made by the vocational rehabilitation center. Applying our standard of review, we decline to conclude that the trial [127]*127court’s findings of fact were clearly erroneous when it determined that plaintiff was not denied access to or a copy of the records; nor do we believe that the trial court erred in finding that defendant’s acts were not arbitrary or capricious.

However, other rulings by the trial court are more troublesome. The trial court basically concluded that, when computed under the formula of the foia statute, the copying charges were more expensive to the school district and to the person requesting copies than the charges based on averages that the school district used, i.e., the policy of a descending scale commencing with a $1 per page. The court further found that the amount to be charged was reasonable and had been established pursuant to a directive of the school board which set forth the policy and the amount of the charge per page. The court concluded that the adoption of this policy by the school board qualified as an act under subsection 4 of § 4 of the foia. MCL 15.234(4); MSA 4.1801(4)(4).

The applicable sections of the statute in question provide:

(1) A public body may charge a fee for providing a copy of a public record. Subject to subsection (3), the fee shall be limited to actual mailing costs, and to the actual incremental cost of duplication or publication including labor, the cost of search, examination, review, and the deletion and separation of exempt from nonexempt information as provided in section 14. Copies of public records may be furnished without charge or at a reduced charge if the public body determines that a waiver or reduction of the fee is in the public interest because furnishing copies of the public record can be considered as primarily benefiting the general public. Except as provided in section 30(3) of Act No. 232 of the Public Acts of 1953, being section 791.230 of the Michigan Compiled Laws, a copy of [128]*128a public record shall be furnished without charge for the first $20.00 of the fee for each request, to an individual who submits an affidavit stating that the individual is then receiving public assistance or, if not receiving public assistance, stating facts showing inability to pay the cost because of indigency.
(3) In calculating the costs under subsection (1), a public body may not attribute more than the hourly wage of the lowest paid, full-time, permanent clerical employee of the employing public body to the cost of labor incurred in duplication and mailing and to the cost of examination, review, separation, and deletion. A public body shall utilize the most economical means available for providing copies of public records. A fee shall not be charged for the cost of search, examination, review, and the deletion and separation of exempt from nonexempt information as provided in section 14 unless failure to charge a fee would result in unreasonably high costs to the public body because of the nature of the request in the particular instance, and the public body specifically identifies the nature of these unreasonably high costs. A public body shall establish and publish procedures and guidelines to implement this subsection.
(4) This section does not apply to public records prepared under an act or statute specifically authorizing the sale of those public records to the public, or where the amount of the fee for providing a copy of the public record is otherwise specifically provided by an act or statute. [MCL 15.234; MSA 4.1801(4).]

In reviewing the statute’s meaning, the stated purpose of the foia cannot be ignored:

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Bluebook (online)
454 N.W.2d 171, 183 Mich. App. 123, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tallman-v-cheboygan-area-schools-michctapp-1990.