Detroit has a transparency problem because Michigan has a transparency problem

From the 2022 Martin Luther King Day edition of the Detroit People's Platform NEWS.

Government transparency and accountability is foundational to a functional democracy, whether that government is city, state, or national. Detroit’s transparency and accountability standards are set by state-level laws. The Freedom of Information Act (FOIA) allows the public to access existing records for a fee. 

Under state law, local governments must divulge public records upon request, but are able to charge for the service. The fee is based on a staff member’s hourly rate, but can include additional cost. Governments can- and have- assessed FOIA fees for thousands of dollars. Assessing such high fees essentially makes information a commodity that only the wealthy can afford. The average Detroiter cannot afford to spend $5,000 on information that should be shared publicly in the first place.

There is very little enforcement built in to the FOIA request process. In fact, the law states that if the city doesn’t respond to a FOIA request, that is a denial of the request. The only recourse is to sue in court for the government to release the information. This is, of course, also dependent on the individual’s ability to hire and pay for a lawyer. 

Adding to the issues already highlighted is the fact that governments are under no obligation to fulfill a FOIA request in a timely manner. In other words, a government can approve a FOIA request, but estimate that it will take years to complete. This is allowed under the law. Furthermore, cities cannot be penalized for failing to meet time frames established in the estimate.

This information should be public to begin with. A thriving, successful democracy requires not just the ability to participate by vote but also democratization of information. 

Recently Beniteau Residents filed a FOIA Request with the city of Detroit..The request was properly filed and requested specific info about complaints regarding the Stellantis Project. In addition to missing deadlines and poor communication the city requested over $5,000 to complete the request. This is unacceptable, especially when the information requested is about a project that has received over $400 million in tax incentives, our money. You can ready the Beniteau FOIA and communications between the city and residents at detroitpeoplesplatform.org/justice-for-beniteau-residents/

From the 2022 Martin Luther King Day edition of the Detroit People's Platform NEWS.

People's Platform NEWS 21

Vol. 21, Martin Luther King Day 2022

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