LAW OFFICES

SHIFMAN & CARLSON, P.C.

31700 MIDDLEBELT ROAD, SUITE 126 JOHN A. CARLSON
FARMINGTON HILLS, MICHIGAN 48334 E-MAIL: jcarlsoneshifmancarLsonlaw.com
TELEPHONE: (248) 406-0620 • (800) 799-8851 • TELECOPIER: (248) 406-0218

47002-011
OUR FILE NUMBER

April 28, 2011

TRANSMISSION VIA E-MAIL: neitheinecke(&,attinet

Neil Heinecke

Re: Freedom of Information Act Request

Dear Mr. Heinecke:

Please be advised that the City Commission of the City of Huntington Woods, at its regularly
scheduled meeting of April 26, 2011, considered your appeal of the partial denial of your March
4, 2011 Freedom of Information Act (the "Act") request. Upon consideration, the Commission
denied your appeal and adopted the Resolution enclosed herewith.

To the extent that this constitutes a denial of your request for records, you may seek judicial
review by commencing an action in the Circuit Court for the County of Oakland under Section
10 of the Act within 180 days after the public body's final determination. If after judicial review,
the circuit court determines that the public body has not complied fully with the disclosure
requirements, the Court may award all or an appropriate portion of reasonable attorneys' fees,
costs and disbursements. If the Court determines that the public body has arbitrarily and
capriciously violated the Act, the Court shall award punitive damages in the amount of $500.00.

A copy of your request will be kept on file for no less than one year.

JAC/sfm
enclosure

xc: (w/enclosure)
Mayor and Commission, City of Huntington Woods
Alex A. Attie, City Manager, City of Huntington Woods
 CITY OF HUNTINGTON WOODS
OAKLAND COUNTY, MICHIGAN

At a regular meeting of the City Commission of the City of Huntington Woods,

Oakland County, Michigan, held in the Commission Offices located at 26815
Scotia Road, Huntington Woods, Michigan 48070-1199 at 7:30 P.M. Eastern
Daylight Savings Time, on the 26th day of April 2011.

The meeting was called to order by: Mayor Giliham

Present: Mayor Pro—Tem White, Commissioner Jenks,

Commissioner Olsman, Commissioner Paul

Absent: None

The following resolution was offered by Commissioner Jenks and seconded

by Mayor Pro-Tem White

WHEREAS, the City received a Freedom of Information Act request on or about March
4 of this year from a Neil Heinecke, requesting:

(1) the personnel file of City Manager Alex Allie, and

(2) emails sent to or by Alex Allie; and

WHEREAS, by letter dated April 20, 2011, the City Attorney, pursuant to designation
by City Manager Alex Allie, the City's FOIA Coordinator, granted the request for the personnel
file, included an estimate of costs, and required a deposit of one-half the total estimated fee; and

WHEREAS, the City Attorney denied the request for "emails sent to or by Alex Allie"
on the grounds that it failed to "sufficiently describe the requested records" as required by the
Act; and

WHEREAS, by emails dated April 8, 2011, Neil Heinecke stated he was appealing the
denial of his FOIA request and stated that the denial was "arbitrary and capricious"; and

WHEREAS, by subsequent email dated April 18, 2011, Mr. Heinecke stated that he
wished also to appeal the calculation of costs to separate exempt from nonexempt material,
stating that the City could not charge for this service unless costs are unreasonably high; and

WHEREAS, the City Commission, as head of the public body, has reviewed the FOIA
appeal from Mr. Heinecke.

I
 NOW, THEREFORE, BE IT RESOLVED, by the City Commission of the City of
Huntington Woods, Oakland County, Michigan that:

1. The FOIA appeal by Neil Heinecke is hereby denied.

2. The denial of the request for "emails sent to or by Alex Allie" is affirmed for the
reason that it fails to sufficiently describe the requested records as required by the
Act.

3. The calculation of estimated costs to provide copies of the City Manager's

personnel file is affirmed. City policy implementing the Freedom of Information
Act calls for charges permitted by the Act on a case by case basis where more
than one-half hour of City personnel time is necessarily expended.

4. The City Manager, or his designee, is hereby authorized and directed to give
written notice to Mr. Neil Heinecke of the denial of his appeal, including a
statement of his rights under the FOIA.

5. All resolutions inconsistent with the foregoing Resolution be, and the same
hereby are, rescinded to the extent of any such inconsistency.

AYES: Mayor Pro—Tem White, Commissioner Paul, Commissioner Olsman

Commissioner Jenks, Mayor Gillham

NAYS: None

ABSENT: None

RESOLUTION DECLARED ADOPTED.

JOY ci. , City Clerk

I, JOY SOLANSKEY, the duly appointed and qualified City Clerk for the City of
Huntington Woods, Oakland County, Michigan to hereby certify that the foregoing resolution
was adopted by the City Commission at a regular meeting held on April 26, 2011 and that public
notice of said meeting was given pursuant to Act No. 267, Public Acts of Michigan, 1976

JO Y, City Clerk