§ 15.243Exemptions from disclosure; public body as school district, intermediate school

en · 16,792 chars · active
district, or public school academy; withholding of information required by law or in
 possession of executive office.
 Sec. 13.
    (1) A public body may exempt from disclosure as a public record under this act any of the
 following:
    (a) Information of a personal nature if public disclosure of the information would constitute
 a clearly unwarranted invasion of an individual's privacy.
    (b) Investigating records compiled for law enforcement purposes, but only to the extent that
 disclosure as a public record would do any of the following:
    (i) Interfere with law enforcement proceedings.
    (ii) Deprive a person of the right to a fair trial or impartial administrative adjudication.
    (iii) Constitute an unwarranted invasion of personal privacy.
    (iv) Disclose the identity of a confidential source, or if the record is compiled by a law
 enforcement agency in the course of a criminal investigation, disclose confidential information
 furnished only by a confidential source.
    (v) Disclose law enforcement investigative techniques or procedures.
    (vi) Endanger the life or physical safety of law enforcement personnel.
    (vii) Disclose the identity of a party who, as described in subdivision (cc), proceeds
 anonymously in a civil action in which the party alleges that the party was the victim of sexual
 misconduct. For the purpose of securing the party's anonymity, that party or the party's
 designee may provide written notification of the civil action and the party's wish to remain
 anonymous to any law enforcement agency that has investigating records subject to this
 subparagraph, and the law enforcement agency shall retain a copy of that notification in its
 files with those investigating records.
    (c) A public record that if disclosed would prejudice a public body's ability to maintain the
 physical security of custodial or penal institutions occupied by persons arrested or convicted
 of a crime or admitted because of a mental disability, unless the public interest in disclosure
 under this act outweighs the public interest in nondisclosure.
    (d) Records or information specifically described and exempted from disclosure by statute.
    (e) A public record or information described in this section that is furnished by the public
 body originally compiling, preparing, or receiving the record or information to a public officer
 or public body in connection with the performance of the duties of that public officer or public


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 body, if the considerations originally giving rise to the exempt nature of the public record
 remain applicable.
    (f) Trade secrets or commercial or financial information voluntarily provided to an agency
 for use in developing governmental policy if:
    (i) The information is submitted upon a promise of confidentiality by the public body.
    (ii) The promise of confidentiality is authorized by the chief administrative officer of the
 public body or by an elected official at the time the promise is made.
    (iii) A description of the information is recorded by the public body within a reasonable
 time after it has been submitted, maintained in a central place within the public body, and
 made available to a person upon request. This subdivision does not apply to information
 submitted as required by law or as a condition of receiving a governmental contract, license,
 or other benefit.
    (g) Information or records subject to the attorney-client privilege.
    (h) Information or records subject to the physician-patient privilege, the psychologist-
 patient privilege, the minister, priest, or Christian Science practitioner privilege, or other
 privilege recognized by statute or court rule.
    (i) A bid or proposal by a person to enter into a contract or agreement, until the time for the
 public opening of bids or proposals, or if a public opening is not to be conducted, until the
 deadline for submission of bids or proposals has expired.
    (j) Appraisals of real property to be acquired by the public body until either of the following
 occurs:
    (i) An agreement is entered into.
    (ii) Three years have elapsed since the making of the appraisal, unless litigation relative to
 the acquisition has not yet terminated.
    (k) Test questions and answers, scoring keys, and other examination instruments or data
 used to administer a license, public employment, or academic examination, unless the public
 interest in disclosure under this act outweighs the public interest in nondisclosure.
    (l) Medical, counseling, or psychological facts or evaluations concerning an individual if the
 individual's identity would be revealed by a disclosure of those facts or evaluation, including
 protected health information, as defined in 45 CFR 160.103.
    (m) Communications and notes within a public body or between public bodies of an
 advisory nature to the extent that they cover other than purely factual materials and are
 preliminary to a final agency determination of policy or action. This exemption does not apply
 unless the public body shows that in the particular instance the public interest in encouraging
 frank communication between officials and employees of public bodies clearly outweighs the
 public interest in disclosure. This exemption does not constitute an exemption under state law
 for purposes of section 8(h) of the open meetings act, 1976 PA 267, MCL 15.268. As used in
 this subdivision, "determination of policy or action" includes a determination relating to
 collective bargaining, unless the public record is otherwise required to be made available
 under 1947 PA 336, MCL 423.201 to 423.217.
    (n) Records of law enforcement communication codes, or plans for deployment of law
 enforcement personnel, that if disclosed would prejudice a public body's ability to protect the
 public safety unless the public interest in disclosure under this act outweighs the public
 interest in nondisclosure in the particular instance.
    (o) Information that would reveal the exact location of archaeological sites. The department
 of natural resources may promulgate rules in accordance with the administrative procedures
 act of 1969, 1969 PA 306, MCL 24.201 to 24.328, to provide for the disclosure of the location




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 of archaeological sites for purposes relating to the preservation or scientific examination of
 sites.
    (p) Testing data developed by a public body in determining whether bidders' products meet
 the specifications for purchase of those products by the public body, if disclosure of the data
 would reveal that only 1 bidder has met the specifications. This subdivision does not apply
 after 1 year has elapsed from the time the public body completes the testing.
    (q) Academic transcripts of an institution of higher education established under section 5, 6,
 or 7 of article VIII of the state constitution of 1963, if the transcript pertains to a student who
 is delinquent in the payment of financial obligations to the institution.
    (r) Records of a campaign committee including a committee that receives money from a
 state campaign fund.
    (s) Unless the public interest in disclosure outweighs the public interest in nondisclosure in
 the particular instance, public records of a law enforcement agency, the release of which
 would do any of the following:
    (i) Identify or provide a means of identifying an informant.
    (ii) Identify or provide a means of identifying a law enforcement undercover officer or
 agent or a plain clothes officer as a law enforcement officer or agent.
    (iii) Disclose the personal address or telephone number of active or retired law enforcement
 officers or agents or a special skill that they may have.
    (iv) Disclose the name, address, or telephone numbers of family members, relatives,
 children, or parents of active or retired law enforcement officers or agents.
    (v) Disclose operational instructions for law enforcement officers or agents.
    (vi) Reveal the contents of staff manuals provided for law enforcement officers or agents.
    (vii) Endanger the life or safety of law enforcement officers or agents or their families,
 relatives, children, parents, or those who furnish information to law enforcement departments
 or agencies.
    (viii) Identify or provide a means of identifying a person as a law enforcement officer,
 agent, or informant.
    (ix) Disclose personnel records of law enforcement agencies.
    (x) Identify or provide a means of identifying residences that law enforcement agencies are
 requested to check in the absence of their owners or tenants.
    (t) Except as otherwise provided in this subdivision, records and information pertaining to
 an investigation or a compliance conference conducted by the department under article 15 of
 the public health code, 1978 PA 368, MCL 333.16101 to 333.18838, before a complaint is
 issued. This subdivision does not apply to records or information pertaining to 1 or more of
 the following:
    (i) The fact that an allegation has been received and an investigation is being conducted, and
 the date the allegation was received.
    (ii) The fact that an allegation was received by the department; the fact that the department
 did not issue a complaint for the allegation; and the fact that the allegation was dismissed.
    (u) Records of a public body's security measures, including security plans, security codes
 and combinations, passwords, passes, keys, and security procedures, to the extent that the
 records relate to the ongoing security of the public body.
    (v) Records or information relating to a civil action in which the requesting party and the
 public body are parties.
    (w) Information or records that would disclose the Social Security number of an individual.
    (x) Except as otherwise provided in this subdivision, an application for the position of
 president of an institution of higher education established under section 4, 5, or 6 of article


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 VIII of the state constitution of 1963, materials submitted with such an application, letters of
 recommendation or references concerning an applicant, and records or information relating to
 the process of searching for and selecting an individual for a position described in this
 subdivision, if the records or information could be used to identify a candidate for the position.
 However, after 1 or more individuals have been identified as finalists for a position described
 in this subdivision, this subdivision does not apply to a public record described in this
 subdivision, except a letter of recommendation or reference, to the extent that the public
 record relates to an individual identified as a finalist for the position.
    (y) Records or information of measures designed to protect the security or safety of persons
 or property, or the confidentiality, integrity, or availability of information systems, whether
 public or private, including, but not limited to, building, public works, and public water supply
 designs to the extent that those designs relate to the ongoing security measures of a public
 body, capabilities and plans for responding to a violation of the Michigan anti-terrorism act,
 chapter LXXXIII-A of the Michigan penal code, 1931 PA 328, MCL 750.543a to 750.543z,
 emergency response plans, risk planning documents, threat assessments, domestic
 preparedness strategies, and cybersecurity plans, assessments, or vulnerabilities, unless
 disclosure would not impair a public body's ability to protect the security or safety of persons
 or property or unless the public interest in disclosure outweighs the public interest in
 nondisclosure in the particular instance.
    (z) Information that would identify or provide a means of identifying a person that may, as a
 result of disclosure of the information, become a victim of a cybersecurity incident or that
 would disclose a person's cybersecurity plans or cybersecurity-related practices, procedures,
 methods, results, organizational information system infrastructure, hardware, or software.
    (aa) Research data on road and attendant infrastructure collected, measured, recorded,
 processed, or disseminated by a public agency or private entity, or information about software
 or hardware created or used by the private entity for such purposes.
    (bb) Records or information that would reveal the specific location or GPS coordinates of
 game, including, but not limited to, records or information of the specific location or GPS
 coordinates of game obtained by the department of natural resources during any restoration,
 management, or research project conducted under section 40501 of the natural resources and
 environmental protection act, 1994 PA 451, MCL 324.40501, or in connection with the
 expenditure of money under section 43553 of the natural resources and environmental
 protection act, 1994 PA 451, MCL 324.43553. As used in this subdivision, "game" means that
 term as defined in section 40103 of the natural resources and environmental protection act,
 1994 PA 451, MCL 324.40103.
    (cc) Information that would reveal the identity of a party who proceeds anonymously in a
 civil action in which the party alleges that the party was the victim of sexual misconduct. As
 used in this subdivision, "sexual misconduct" means the conduct described in section 90, 136,
 145a, 145b, 145c, 520b, 520c, 520d, 520e, or 520g of the Michigan penal code, 1931 PA 328,
 MCL 750.90, 750.136, 750.145a, 750.145b, 750.145c, 750.520b, 750.520c, 750.520d,
 750.520e, and 750.520g, regardless of whether the conduct resulted in a criminal conviction.
    (2) A public body shall exempt from disclosure information that, if released, would prevent
 the public body from complying with 20 USC 1232g, commonly referred to as the family
 educational rights and privacy act of 1974. A public body that is a local or intermediate school
 district or a public school academy shall exempt from disclosure directory information, as
 defined by 20 USC 1232g, commonly referred to as the family educational rights and privacy
 act of 1974, requested for the purpose of surveys, marketing, or solicitation, unless that public
 body determines that the use is consistent with the educational mission of the public body and


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 beneficial to the affected students. A public body that is a local or intermediate school district
 or a public school academy may take steps to ensure that directory information disclosed
 under this subsection is not used, rented, or sold for the purpose of surveys, marketing, or
 solicitation. Before disclosing the directory information, a public body that is a local or
 intermediate school district or a public school academy may require the requestor to execute
 an affidavit stating that directory information provided under this subsection will not be used,
 rented, or sold for the purpose of surveys, marketing, or solicitation.
    (3) This act does not authorize the withholding of information otherwise required by law to
 be made available to the public or to a party in a contested case under the administrative
 procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
    (4) Except as otherwise exempt under subsection (1), this act does not authorize the
 withholding of a public record in the possession of the executive office of the governor or
 lieutenant governor, or an employee of either executive office, if the public record is
 transferred to the executive office of the governor or lieutenant governor, or an employee of
 either executive office, after a request for the public record has been received by a state
 officer, employee, agency, department, division, bureau, board, commission, council,
 authority, or other body in the executive branch of government that is subject to this act.

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