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Board of Water & Light won't give me an unprotected payroll file
April 14, 2026 The Lansing Board of Water & Light is refusing to give me a payroll file for 2025. They gave me one, but it is "protected" which means I can't delete unneeded information, abbreviate long names and job descriptions or sort the data. I need to be able to do that so I can present it on this website in a form that is convenient for readers. I've published BWL payroll information here 6 times, first in 2009 for 2008 payroll, and then for 2019 and 2021-2024. For 2008, BWL gave me the information split onto 2 paper reports, so I not only had to type up all the information, but reconcile data from 2 reports. There were 727 employees and it took me 2 weeks. Since then, I've published payroll info from the City of Lansing, Capital Area Transportation Authority (CATA) and Capital Area District Libraries (CADL). Here are links to all those reports. Once again, BWL is using Michigan's Freedom of Information Act to deny public access to information. First, their FOIA coordinator said "Pursuant to MCL 15.233(3), the BWL is providing a protected Excel file to “protect public records from loss, unauthorized alteration, mutilation, or destruction.” Since we had this same issue last year, I had specifically asked for an unprotected file. That "protect public records from loss, unauthorized alteration, mutilation, or destruction” statement is from Section 3 of the FOIA, but it doesn't apply in my situation:
The above applies to the examination of physical records on the premises of the public body, not to electronic records emailed to the requestor.
I appealed
to Mark Matus, BWL General Council, and he came up with different reason
for denying my request. He said
He says "There is not...a requirement that a record be delivered in an unprotected format." There is also nothing in the FOIA saying a public body cannot provide a unprotected file, so why not satisfy the request? Especially if the requestor is "then free to convert the file to a format that suits the requestor’s purposes." Also, in the 6 years I've reported on BWL wages, there has never been a "dispute as to content." Actually, the FOIA says any appeal must be to the head of the public body. That would be David Price, chairman of the board. But I appealed to him last year when BWL insisted on giving me a protected file. He said "Your May 10, 2025 appeal is hereby denied. The records sought by your request have been provided in an electronic form that satisfies the requirements of the FOIA." So I decided not to waste my time. While giving me what they thought I should have rather than what I requested, they charged me $167.50. Anyway, I figured out how to unprotect the protected file. My report will be published in a week or so.
Send comments, questions, and tips to stevenrharry@gmail.com or call or text me at 517-730-2638. If you'd like to be notified by email when I post a new story, let me know.
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