As previously reported, the Deputy Sheriffs' Association of Michigan (DSAM) has been filing numerous Freedom of Information Act (FOIA) requests on individual counties in order to review what they have done with and how they have spent their book-in fee monies generated under Public Act 124 of 2003.

At the end of last year, DSAM commenced litigation in Lansing Circuit Court against six counties and their sheriffs, Macomb, Genesee, Mason, Menominee, Chippewa, and St.Clair under the FOIA.  DSAM, in part, alleged that these counties failed to provide the requested financial information.  In addition, DSAM objected to the amount of money, between $9,000.00 and $10,000.00, Genesee County was charging us to fulfill our request. 

Throughout 2009, DSAM and all counties except Genesee, voluntarily settled the claims.   DSAM received $500.00 a piece from Menominee, Chippewa, Mason, and St. Clair counties as payment for attorney fees.  Genesee County decided to pursue this matter and filed a motion in Lansing Circuit Court to dismiss the claim.  DSAM alleged that Genesee County and Sheriff Pickel had knowingly withheld their general ledger which charts their book in fee monies much like a person does with their personal check book ledger.  

Click the "Read More" link to read the outcome of these cases 

The hearing o nGenesee's motion was held on October 7, 2009 in front of Lansing Circuit Court Judge Joyce Draganchuk. The judge ruled in the following manner;

“Defendants’ motion for summary disposition is DENIED on the issue of the omission of the general ledger from the Defendants’ Freedom of Information Act (“FOIA”) response issued on August 5, 2008 because the Court finds that there remains a genuine issue of material fact as to whether the omission of the general ledger was a willful denial of Plaintiff’s FOIA request on the part of the Defendants. Additionally, because there exists a factual issue regarding the preceding issue, the issue remains as to whether Plaintiffs are entitled to attorneys’ fees under MCL 15.240(6) based on Defendants’ alleged denial of the FOIA request for the general ledgers. The Court further finds that there remains an issue of material fact whether the Defendants’ cost estimate contained in their response is reasonable and authorized under MCL 15.234. Accordingly, the Defendants’ Motion is DENIED as to these two attorneys’ fees issues.”  

During the month of October this case was settled out of court. Genesee County provided DSAM with financial documents and $4,000.00 in attorney fees.