How to File a Public Records Request in Lyon Township, Michigan

What Is the Michigan Freedom of Information Act?

Michigan's Freedom of Information Act (FOIA), enacted as Public Act 442 of 1976 and codified at MCL § 15.231 et seq., guarantees all persons — except those incarcerated in state or local correctional facilities — the right to inspect and receive copies of public records maintained by government bodies. The Act applies to state agencies, local governments, charter townships like Lyon Township, school districts, and other public bodies.

A "public record" is broadly defined to include any writing, document, photograph, computerized data, or other information prepared, owned, used, or retained by a public body in the performance of an official function. At the township level, this includes meeting minutes, ordinances, contracts, permits, budgets, zoning records, correspondence, and employee records (with certain privacy limitations).

Key exemptions under MCL § 15.243 include: certain personnel records whose release would constitute an unwarranted invasion of privacy; law enforcement investigative records; attorney-client privileged communications; trade secrets; and medical records. Importantly, the burden of proving an exemption applies rests entirely on the township — not on the requester. If a record contains both exempt and non-exempt material, the township must disclose the non-exempt portions.

Read the full text of the Michigan Freedom of Information Act (Michigan Compiled Laws (MCL) §§ 15.231–15.246 (Public Act 442 of 1976))

How to File a Public Records Request with the Township of Lyon

How to Submit Your Request

Lyon Township accepts FOIA requests in writing by email, mail, in-person delivery, or fax. The township's FOIA Coordinator is Katherine Des Rochers, reachable at kdesrochers@lyontwp.org. While no specific form is required by Michigan law, the township provides a voluntary FOIA Request for Public Records form on its FOIA page, which can help ensure your request includes all necessary information. You may also draft your own written request. For quickest processing, email your request directly to the FOIA Coordinator and include 'FOIA' in the subject line — this satisfies the statutory trigger requirement under MCL § 15.235. Note that electronically submitted requests are not considered received until one business day after transmission under MCL § 15.235. The Clerk's Office is located at 58000 Grand River Avenue in New Hudson.

What to Include in Your Request

• Your full name, mailing address, and a valid phone number or email address
• The word 'FOIA' or 'Freedom of Information' in the subject line or first 250 words of your request
• A clear and specific description of the records you are requesting, including relevant dates, departments, or subject matter
• Your preferred format for receiving records (electronic PDF, paper copies, etc.)
• A statement of your fee threshold — e.g., notify you before charges exceed a certain amount
• A request for a fee waiver if you qualify as indigent under MCL § 15.234(2)(a)
• A specific time period or date range if applicable (e.g., 'all building permits issued January 2023 through December 2023')

Response Deadlines and What to Expect

Under MCL § 15.235(2), Lyon Township must respond to your written FOIA request within five business days of receipt. Note that electronically submitted requests (email, fax) are not considered "received" until one business day after transmission — so a request emailed on a Monday counts as received on Tuesday, and the five-business-day clock begins from there.

A "response" under the Act means the township must issue a written notice doing one of the following: granting the request in full, granting it in part (with an explanation of what is being withheld and why), denying it entirely, or notifying you that it is extending the response period. An extension may be taken one time, for up to an additional ten business days, bringing the maximum response window to fifteen business days total. The township must explain the reason for the extension in writing.

If the estimated cost to fulfill your request exceeds $50.00, the township may require a non-refundable 50% good-faith deposit before beginning work. Fees are calculated using the actual cost of copying materials and the hourly wage of the lowest-paid employee capable of performing the search, retrieval, and review. If a response is overdue, any applicable fee must be reduced by 5% for each day the response is late, up to a 50% maximum reduction under certain circumstances.

Contact the FOIA Coordinator at (248) 437-2240 or kdesrochers@lyontwp.org if you have questions about the status of your request.

What to Do If Your Request Is Denied or Delayed

If Lyon Township denies your FOIA request — in whole or in part — the written denial notice must identify the specific exemption under MCL § 15.243 that applies, explain why that exemption covers the requested record, and inform you of your right to appeal. A partial denial is still a denial for appeal purposes; you can challenge the withheld portions even if other records were released.

Common reasons for denial include claims that records contain personnel information, ongoing law enforcement investigation details, attorney-client privileged communications, or records that do not exist under the description provided. If the township claims records don't exist, the denial notice must certify that the records are not in the township's possession.

If no response is received within five business days (or fifteen with an extension), the delay is legally treated as a constructive denial — and you may proceed with an appeal or court action.

Your most practical first step after any denial or delay is to contact the FOIA Coordinator directly to clarify whether the request can be narrowed or reframed. Often a more specific description of the records sought resolves the issue without a formal appeal.

Steps to Appeal

1. Contact the FOIA Coordinator: Call (248) 437-2240 or email kdesrochers@lyontwp.org to ask for clarification on the denial, or to narrow or reframe the request to address any deficiencies identified by the township.
2. Submit a written appeal to the head of the public body: Under MCL § 15.240(1)(a), you may appeal to the Lyon Township Board of Trustees (the governing body). Your written appeal must specifically use the word 'appeal' and identify the reason(s) why the denial should be reversed. The Board is not considered to have received the appeal until its first regularly scheduled meeting following submission.
3. Await the Board's response: Under MCL § 15.240(2), the Board has 10 business days after receiving the appeal to reverse the denial, uphold it, reverse it in part, or issue a one-time extension of up to 10 additional business days.
4. File a civil action in Oakland County Circuit Court: If the appeal is denied, upheld in part, or unanswered, you may file suit under MCL § 15.240(1)(b) within 180 days of the township's final denial. The court will conduct a de novo review of the withheld records.
5. Seek attorney fees if you prevail: Under MCL § 15.240(6), if you fully prevail in circuit court, the court shall award reasonable attorney fees, costs, and disbursements assessed against the township. If you prevail in part, the court may award fees in its discretion.
6. Challenge excessive fees separately: If you believe the fee charged is too high, you may submit a written fee-appeal to the Township Board under MCL § 15.240a, or commence a civil action in circuit court within 45 days of receiving the fee estimate.
7. Contact the Michigan Attorney General's Office for guidance: The AG publishes a FOIA Handbook and can provide general interpretive guidance, though it does not adjudicate individual disputes. Visit michigan.gov/ag for resources.

Types of Records You Can Request from Lyon Township, Michigan

Lyon Township government generates a wide range of public records in the course of its daily operations — from land use decisions shaping the township's rapid growth to financial transactions and public safety matters. The following categories represent some of the most commonly requested record types.

• Township Board of Trustees meeting minutes, agendas, and resolutions
• Township budget documents, financial statements, and audit reports
• Contracts and agreements with vendors, developers, and service providers
• Building permits, site plans, and construction inspection records
• Zoning and land-use application records, including variances and special use permits
• Development agreements and master plan documents
• Ordinances and local regulations (codified and proposed)
• Correspondence (emails, letters, memos) between township officials and developers or residents
• Property assessment records and tax rolls
• Township employee salary records and compensation schedules
• Parks and recreation planning documents and capital improvement plans
• Road maintenance contracts and infrastructure project records
• Code enforcement complaints and violation records
• Grants received by the township and related expenditure records
• Oakland County Sheriff substation activity reports and non-emergency incident records

If you're unsure whether a specific document is a public record, file the request anyway. The burden is on the Township of Lyon to justify withholding — not on you to pre-determine what's available.

Tips for Effective Public Records Requests in Lyon Township