Hopkins v. Duncan Township
294 Mich. App. 401
| Mich. Ct. App. | 2011Background
- Plaintiff requested September 9, 2009 records—notes by elected officials during Duncan Township meetings.
- Defendant denied disclosure, arguing Pentti’s notes were personal and not public records under FOIA.
- Pentti testified the notes were kept in a personal diary, not circulated, not used in minutes, and retained at his sole discretion.
- Clerk and Johnson corroborated that the township’s minutes and records were kept by the clerk and treasurer; Pentti’s notes were not in township files.
- The trial court granted summary disposition under MCR 2.116(C)(10), holding Pentti’s notes were not public records.
- Plaintiff appealed, contending the notes could be public records or subject to in camera review; defendant maintained they were private.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Are Pentti’s notes public records under FOIA? | Pentti’s notes were used for official purposes and could be public. | Notes were personal, not used by the board, and not a public record. | Not public records under FOIA |
| Did Walloon Lake/Howell Ed. assist in determining public status? | Personal notes can become public records when related to official action. | Personal notes not circulated or used in official function remain private. | Notes not public; not transformed by possession |
| Was an in camera review appropriate? | Court should review Pentti’s notebook privately to determine public status. | No in camera review needed absent a determination notes are public records. | In camera review unnecessary; notes not public records |
Key Cases Cited
- Howell Ed Ass’n MEA/NEA v Howell Bd of Ed, 287 Mich App 228 (2010) (personal writings not automatically FOIA public records)
- Walloon Lake Water Sys, Inc v Melrose Twp, 163 Mich App 726 (1987) (letter read into record may become public if used in decisions)
- WDG Investment Co, LLC v Mich Dep’t of Mgt & Budget, unpublished opinion per curiam (2002) (not controlling; limited guidance on personal notes and search duties)
- Porter Co Chapter of the Izaak Walton League of America, Inc v United States Atomic Energy Comm'n, 380 F Supp 630 (D. Ind. 1974) (personal handwritten notes not agency records; protected personal communications)
- MacKenzie v Wales Twp, 247 Mich App 124 (2001) (writing becomes public when possessed/used in official function)
- Detroit News, Inc v Detroit, 204 Mich App 720 (1994) (public records concept includes writings used or possessed in official function)