During this year’s Sunshine Week, March 15-21, the Michigan Supreme Court is considering Bisio vs. the City of the Village of Clarkston. This is a lawsuit with potentially statewide ramifications on the Freedom of Information Act.
FOIA is meant to enforce “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, consistent with this act. The people shall be informed so that they may fully participate in the democratic process.”
The city argues Bisio’s case would expand FOIA, as if this would be a bad thing. It actually does the opposite. The interpretation by the city, and the Circuit Court and Appeals Court which ruled in the city’s favor, is open to “manipulation,” as suggested by court Justice Megan K. Cavanagh at the March 5 oral arguments.
According to the Michigan Press Association amicus brief on the case, it’s a “creative interpretation” of the law to exclude municipal employees from the definition of a public body. It would allow a city or other municipality to shelter whatever documents it wishes in its attorney’s office.
Nothing also illustrates the importance of open government more the current COVID-19 crisis. The more the public knows about government orders, directives, and recommendations to stop the pandemic’s spread, the more likely they’ll trust and comply wit them. They can make better informed decisions; help their elected and appointed officials make better decisions — in general have a better run community.
–PMC