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10-43-1742.
Garlabs
AVAILABILITY AND USE OF CITY RECORDS
BY COMMISSTONERS
Purpose:
It is not the intention of the City Commission by
this resolution to make any judgement regarding the
legitimacy of any request for records in a private
capacity by a City Commissioner or any other person.
The purpose of this policy is to define and clarify
those situations where public records are to be
supplied to city commissioners for the purpose of
the performance of their duties, and to make clear
the policy of the Commission in supplying records to
Commissioners and all other persons when the purpose
is otherwise.
Recitals
1. Duty Related Needs
In carrying out their duties, City
Commissioners may need to examine and receive
copies of official City records so that they
may perform their responsibilities on the basis
of sound and accurate information.
2. Non-Duty Related Needs
The City Commissioners, like any other member
of the public, have the right to examine and
receive copies of public records for purposes
personal to themselves or in connection with
activities which are not necessarily involved
in performing their duties as Commissioners.
3. Private Expense
The City Commission believes in the importance
of making available unprivileged public records
to Commissioners for the performance of their
public responsibilities, and at the same time,
avoiding discrimination avoiding discrimination
between Commissioners and members of the public
in the supplying of records as required by law,
but at private expenses as allowed by law.
Cc. It is resolved
1. Availability of records
Official records of the city of Muskegon are
available on a continuing basis, including a
reasonable number of copies thereof, to City
Commissioners when they are sought and are
appropriate solely for the purpose of
facilitating the Commissioner’s performance of
his/her responsibilities and duties in
connection with activities, which by consensus
of the City Commission, constitute official
duties of that Commissioner.
Commission Consensus
Any Commissioner who wishes to carry on a
particular activity for which public records
will be made available and copied without
charge, shall request consensus from the
Commission before seeking records in connection
with the project or duty to be carried out or
assumed.
City Manager
City Manager has authority, subject to review
by the City Commission, to determine whether or
not a particular request for records, to be
provided free of charge, is pertinent to the
requesting Commissioner’s duties. Where the
City Commission, has by consensus assigned or
consented to those duties, and where it has not
been feasible to specify in a Commission
Resolution or Consensus Vote that particular
City records are necessarily involved in the
function being performed.
Freedom of Information Act
Every other request for records by City
Commissioners shall be treated the same as a
request by any person for records, which are
available for production and copying under the
State of Michigan Freedom of Information Act,
Reasonable charges authorized by the Act shall
be made a condition of supplying copies, and
any exemptions which are set forth in the Act
shall be available in connection with any such
request. It is the policy of the City
Commission, where Freedom of Information Act
requests occur, to comply fully with the Act.
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