The constant threat of
public scrutiny
March 1, 2026
In an
email introducing today's edition of the Lansing State Journal, senior
news editor Al Wilson talks about the Schor administration's resistance
to Freedom of Information Act requests. He says
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We wrote about
Lansing City Council President Peter Spadafore's
decision to
deny our appeal of the city's decision to
keep sealed from the public the internal
investigation into a controversial music video
filmed at a fire station last fall. It's a
troubling decision by elected officials that
runs counter to Michigan's public records law.
That's not just my opinion, but also that of an
attorney who consults with Michigan newspapers
on behalf of the Michigan Press Association.
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And another city
investigation, into a former Lansing police
official who was charged with defrauding the
city and pleaded no content to a misdemeanor
embezzlement charge, remains
ongoing a year after he was charged.
You're probably familiar with the case, as the
detective routinely put in for overtime he did
not work and used city and police resources for
personal reasons, among other issues. The State
Police, by their own admission, only looked at
recent history in investigating the case,
although rumors had swirled in the department
for more than a decade about his activities.
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Our reporting to
dig deeper has faced a lot of roadblocks, from
state police wanting $675,000 for copies of
their investigative records to fights with the
city administration for other records tied to
Ryan Wilcox, some of which we won when the last
city council president overruled the
administration. That led to a series of stories
on widespread problems with how the city
monitors spending on the credit cards it issues
to city employees.
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It will be telling
to see, assuming the city finalizes its internal
investigation, whether the taxpayers ever get to
see it.
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The
reporter for both of the stories linked to above was Matt Mencarini. In
the case of the music video, he quotes from Spadafore's denial of his
appeal:
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The City has a supreme interest in encouraging frank
communications because they allow city government to effectively
investigate internal matters and have the option to explore new
ideas without the constant threat of public scrutiny.
[emphasis mine] |
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The basis
of Spadafore's reasoning is one of several exemptions in the Freedom of
Information Act:
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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. |
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It is a favorite of
public officials who can't come up with a legitimate reason to deny a
FOIA request.
I long for
the days when we had a city council president who was willing to stand
up to mayor Andy Schor.
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
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