Supervisor Savoie requests FOIA of email addresses from the Township E-News data base, then immediately uses those email addresses to send campaign literature for his benefit and for the benefit of his slate... then OOPS... illegal.. no one else can get that email list. Savoie still has that CD of email addresses. The election is Aug. 2.
This blog contains the documents and is related to a previous blog about this FOIA issue (click here)
doc08967620160712133809.pdf- On June 27, 2016 Supervisor Savoie requested via FOIA "All email addresses used in distribution of the Bloomfield Township E-News."
- On this same day, someone (either Savoie or someone on his behalf) around 4:30 pm... created a domain name (bloomfieldtownshipelections.com) that is VERY similar to the official township domain name. The main difference is the township is dot org (.org).
- On June 30, 2016 an email was sent from this domain name to all the email addresses in the Bloomfield Township E-News data base. The email addresses used were from a CD created by the Township Cable department and given to Supervisor Savoie presumably by the Clerk's office to satisfy his FOIA request. He paid $.33 fee to the Township for the FOIA information/CD.
- Then, on June 30, 2016 many people were questioning an email they received around 4 pm with "propaganda" supporting Leo Savoie and his slate for the Aug. 2 primary election. Many did not realize that at the bottom of the email it said: Paid for by: Retain Leo Savoie, Bloomfield Township Supervisor. It was NOT an official township message but appeared to be sent from the Clerk's office as it included the word "elections".
- Supervisor Savoie, the Clerk's office, the Cable department all participated in this FOIA request and Savoie also brought Attorney Bill Hampton into this story by claiming the attorney said he could "legally" FOIA the email addresses. On 7/11/16 the attorney claimed he didn't know what Savoie was going to do with the emails. Click here: (agenda #8 starts at 1:21:34 of the video)
- On June 30, 2016 I called the Clerk's office and got certain information about the use of the Township E-News email addresses and that Supervisor Savoie had FOIA the information and he was given a CD with the requested information.
- On June 30, 2016 I, Marcia Robovitsky, personally requested via FOIA via telephone with Deputy Clerk, Deana Mondock the same information that was given to Supervisor Savoie. "Email addresses used in the distribution of the Bloomfield Township E-News."
- On July 7, 2016 after 4:00 pm I received an email from the Clerk's office concerning my FOIA for the E-News email addresses....( the same information actually given to Supervisor Leo Savoie within 2-3 days of his request. )
Dear Ms. Robovitsky:
Your Freedom of Information Act Request received at close of business on June 30, 2016, is being treated as received by the Township on June 30, 2016 for review and response. Please consider this letter the Township’s formal notice to you that pursuant to MCLA 15.235(2)(d) the Township is extending the period for responding to your request by ten business days, thereby making the Township’s response to your request due on Friday, July 22, 2016. Due to the nature of the request, the Township is taking this extension.
Thank you very much for your cooperation and courtesy. Should you have any questions or comments with respect to this matter, please do not hesitate to contact me.
Sincerely,
Deana Mondock, CMMC/CMC
Deputy Clerk
Charter Township of Bloomfield
4200 Telegraph Road
Bloomfield Hills, MI 48302
- Same FOIA request... days apart.... Savoie gets the information within 2-3 days... and I must wait from approximately 22 days from my June 30, 2016 FOIA request just to get a response.
- Email sent to me by Deputy Clerk Deana Mondock on Friday, July 22, 2016 in response to my FOIA dated June 30, 2016.
Re: Final Determination of Request for Records
This notification is the final determination of your request for records that was filed under the “Freedom of Information Act”.
Your request has been denied.
This item is exempt from disclosure under MCL 15.243(1) (a).
“A public body may exempt from disclosure as a public record under this Act any of the following: Information of a personal nature if public disclosure of the information would constitute a clearly unwarranted invasion of an individual’s privacy.”
Bloomfield Township has determined that releasing this email list under the Freedom of Information Act (FOIA) would invade the privacy of persons listed, which would outweigh the potential benefits derived by the public. Disclosure of the requested list would reveal nothing about the Township’s conduct nor would it further public benefit.
Notice of Requestor’s Right to Seek Judicial Review
You are entitled under Section 10 of the Michigan Freedom of Information Act, MCL 15.240, to appeal this denial to the Township Board or to commence an action in the Circuit Court to compel disclosure of the requested records if you believe they were wrongfully withheld from disclosure. If, after judicial review, the court determines that the Township has not complied with MCL 15.235 in making this denial and orders disclosure of all or a portion of a public record, you have the right to receive attorneys’ fees and damages as provided in MCL 15.240.
FREEDOM OF INFORMATION ACT (EXCERPT) Act 442 of 1976
15.240.amended Options by requesting person; appeal; actions by public body; receipt of written appeal; judicial review; civil action; venue; de novo proceeding; burden of proof; private view of public record; contempt; assignment of action or appeal
for hearing, trial, or argument; attorneys' fees, costs, and disbursements; assessment of award; damages.
Sec. 10.
(1) If a public body makes a final determination to deny all or a portion of a request, the requesting person may do 1 of the following at his or her option:
(a) Submit to the head of the public body a written appeal that specifically states the word "appeal" and identifies the reason or
reasons for reversal of the denial.
(b) Commence a civil action in the circuit court, or if the decision of a state public body is at issue, the court of claims, to compel the public body's disclosure of the public records within 180 days after a public body's final determination to deny a request.
(2) Within 10 business days after receiving a written appeal pursuant to subsection (1)(a), the head of a public body shall do 1 of the following:
(a) Reverse the disclosure denial.
(b) Issue a written notice to the requesting person upholding the disclosure denial.
(c) Reverse the disclosure denial in part and issue a written notice to the requesting person upholding the disclosure denial in part. (d) Under unusual circumstances, issue a notice extending for not more than 10 business days the period during which the
head of the public body shall respond to the written appeal. The head of a public body shall not issue more than 1 notice of extension for a particular written appeal.
(3) A board or commission that is the head of a public body is not considered to have received a written appeal under subsection (2) until the first regularly scheduled meeting of that board or commission following submission of the written appeal under subsection (1)(a). If the head of the public body fails to respond to a written appeal pursuant to subsection (2), or if the head of the public body upholds all or a portion of the disclosure denial that is the subject of the written appeal, the requesting person may seek judicial review of the nondisclosure by commencing a civil action under subsection (1)(b).
(4) In an action commenced under subsection (1)(b), a court that determines a public record is not exempt from disclosure shall order the public body to cease withholding or to produce all or a portion of a public record wrongfully withheld, regardless of the location of the public record. Venue for an action against a local public body is proper in the circuit court for the county in which the public record or an office of the public body is located has venue over the action. The court shall determine the matter de novo and the burden is on the public body to sustain its denial. The court, on its own motion, may view the public record in controversy in private before reaching a decision. Failure to comply with an order of the court may be punished as contempt of court.
(5) An action commenced under this section and an appeal from an action commenced under this section shall be assigned for hearing and trial or for argument at the earliest practicable date and expedited in every way.
(6) If a person asserting the right to inspect, copy, or receive a copy of all or a portion of a public record prevails in an action commenced under this section, the court shall award reasonable attorneys' fees, costs, and disbursements. If the person or public body prevails in part, the court may, in its discretion, award all or an appropriate portion of reasonable attorneys' fees, costs, and disbursements. The award shall be assessed against the public body liable for damages under subsection (7).
(7) If the court determines in an action commenced under this section that the public body has arbitrarily and capriciously violated this act by refusal or delay in disclosing or providing copies of a public record, the court shall order the public body to pay a civil fine of
$1,000.00, which shall be deposited into the general fund of the state treasury. The court shall award, in addition to any actual or compensatory damages, punitive damages in the amount of $1,000.00 to the person seeking the right to inspect or receive a copy of a public record. The damages shall not be assessed against an individual, but shall be assessed against the next succeeding public body
that is not an individual and that kept or maintained the public record as part of its public function.
History: 1976, Act 442, Eff. Apr. 13, 1977; -- Am. 1978, Act 329, Imd. Eff. July 11, 1978; -- Am. 1996, Act 553, Eff. Mar. 31, 1997; -- Am. 2014, Act 563, Eff. July 1, 2015
Deana Mondock, CMMC/CMC
Deputy Clerk
Charter Township of Bloomfield
4200 Telegraph Road
Bloomfield Hills, MI 48302
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