Grand Valley State University has failed to follow Michigan’s public records law in multiple instances dating back to mid-December.
The Michigan Freedom of Information Act of 1972 (FOIA) ensures access to records of public bodies upon request, barring some exemptions. A response may either deny the request, grant it partially or fully, or request an extension of no more than 10 days. Initial responses are required within five business days, a time frame the University’s General Counsel has failed to adhere to when it’s come to several Lanthorn staffers’ requests.
Multiple public records requests were sent by various Lanthorn writers and editors during December. One was ignored, while another received an extension request and was never fulfilled. A third said no such document could be found, with the office not responding to followup communication about the denial.
The two requests that have yet to receive responses were for documents related to the cost of the University rebrand and fundraising amounts from Giving Tuesday. The third requested the employment contract for Department of Public Safety Chief Daniel Lindstrom. The response claimed that no such contract existed.
An email seeking clarification into the three requests was sent by the Lanthorn to the General Counsel Sunday, Jan. 25. It received no response until Friday, Feb. 20, following a final request for comment left over voicemail the day prior.
Assistant General Counsel and FOIA Coordinator Sara Ledford provided a comment via email as to each request’s status. Ledford said Giving Tuesday data is still being compiled, and will be available March 6. Per FOIA, this should have been communicated to the Lanthorn in late January. Regarding the University rebrand, Ledford referred back to a response granted for a separate request involving rebranding costs from November, but has yet to respond to the request from December. According to Ledford, Lindstrom doesn’t have a contract because he was hired as an “Administrative Professional” employee.
“The University is committed to complying with (FOIA) and dedicates significant resources to responding to an ever-increasing number of requests in a transparent and legally compliant manner,” Ledford said.
Ledford directed follow-up questions regarding FOIA requests to University Communications.
While FOIA does face frequent roadblocks, Michigan Press Association Public Policy Manager Lisa McGraw says it is unusual for public bodies to completely ignore requests.
“(GVSU) isn’t acknowledging that questions are being asked,” McGraw said. “In some way, they’re breaking the law. No response is just — I don’t understand.”
Journalists rely heavily on FOIA to report on policy and governance, particularly when more information is needed on an issue than could be obtained through meetings, interviews or press releases. It serves as a form of checks and balances between the public, journalists and officials. The policy grants a level of transparency that allows for, as the policy itself states, participation in democratic processes.
“It is the public policy of this state that all persons, except those persons incarcerated in state or local correctional facilities, are entitled to full and complete information regarding the affairs of government and the official acts of those who represent them as public officials and public employees,” the legislation reads.
McGraw echoed this in her own advocacy for public bodies’ transparency.
“FOIA is an important tool for citizens, and in this case students, to know what the people they’re paying to do a job are doing,” McGraw said.
Journalism Professor Jeff Kelly Lowenstein teaches students to use FOIA in his reporting classes. Lowenstein also emphasized the importance of the policy, and is disappointed by the situation.
“In addition to being concerned about what sounds like violations of FOIA law, it could also be a little demoralizing for students in an institution that holds teaching as its highest priority,” said Kelly Lowenstein.
The Lanthorn will continue following the matter while utilizing FOIA in reporting.
“We aim to professionally and truthfully inform the campus community, with FOIA being essential in our efforts,” said Hailey Hentz, editor-in-chief. “The Lanthorn will continue to pursue records through FOIA, as we are able to do so under the law.”
