Michigan Governor Exempted From Freedom of Information Act - An Open Letter….

Members of the Michigan Senate and House of Representatives:

A May 11, 2014 report by WZZM regarding gifts received by the governor (“Gov. Snyder receives over 1,100 gifts since 2011,” Governor Snyder accepts 1,110 gifts since 2011) noted that the governor’s office is exempted from Michigan’s Freedom of Information Act (FOIA)- something that comes as a bit of a surprise for most people.

The governor, like all other officials elected by the people of the State of Michigan, is supposed to be accountable to the electorate, yet MCL 15.232(d)(i) removes that accountability by specifically exempting the governor, the lt. governor, and their employees from compliance with the FOIA:

“(i) A state officer, employee, agency, department, division, bureau, board, commission, council, authority, or other body in the executive branch of the state government, but does not include the governor or lieutenant governor, the executive office of the governor or lieutenant governor, or employees thereof.”

The FOIA makes ample provision to protect certain kinds of information from disclosure, and both the Michigan Senate and House of Representatives are governed by the FOIA; there is no compelling reason why the governor, lt. governor, and their respective employees should be exempted from this expectation of transparency.

Therefore, I propose the following change to MCL 15.232(d)(i):

“(i) A state officer, employee, agency, department, division, bureau, board, commission, council, authority, or other body in the executive branch of the state government, but does not include the governor or lieutenant governor, the executive office of the governor or lieutenant governor, or employees thereof.”  

We have been promised transparency time and again by our elected officials.  It is time to make that a reality.