Bay City Western High School Gunfire Incident

Dear requester,

Thank you for submitting a Michigan Freedom of Information Act request for public records to Bay County, MI.

Your security key is 890970. Your request number is Request Number: 2023-377.

Please have this security key and request number available when communicating with FOIA staff regarding your request. To check the status of your submitted request, please visit the FOIA Request Portal and click the 'Track Status' link.

- - - - - - - - - -

Request Information:

Field NameResponse
NameDaniella Jimenez
Phone
Fax
requests@muckrock.com
FirmMuckRock News
AddressDEPT MR 147271 263 Huntington Ave
CityBoston
StateMA
Zip02115
DeliveryMethodEmail
RequestTypeElectronic
AnimalServicesFalse
BoardofComFalse
CentralDispatch911False
CallLogFalse
ClearedCallSummaryListFalse
911CallAudioRecordingFalse
RadioTrafficRecordingFalse
Date-TimeOfIncident
LocationOfIncident
IndividualsInvolved
PhoneNumberPlacingCall
ClerkFalse
FinanceFalse
HealthDepFalse
PersonnelDepFalse
RetirementFalse
SheriffTrue
IncidentReportFalse
ReportAttachmentsFalse
PhotographsFalse
UD10False
BookingInformationFalse
Other2False
OtherDesc2
ReportNumber
Date-TimeOfIncident-Sheriff
IndividualsInvolved-Sheriff
LocationOfIncident-Sheriff
TreasurerFalse
OtherFalse
OtherDesc
DescriptionTo Whom It May Concern: Pursuant to the Michigan Freedom of Information Act, I hereby request the following records: The incident report, a police narrative and any other documentations produced in relation to the shooting incident at Bay City Western High School on 11/11/2016. In the event that there are fees, I would request a waiver, as I am a member of the press and these records will be used in the public interest. The requested documents will be made available to the general public, and this request is not being made for commercial purposes. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not. Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires. Sincerely, Daniella Jimenez Investigative Reporting Workshop. View request history, upload responsive documents, and report problems here: http://url4102.request.justfoia.com/ls/click?upn=XfJvxk0gd1RbNAoCtqw15shv484ucFFIazOudcBo6e6r3qGT-2BbxCMYJ-2FrnPJT37aRLJyGZxgjxTWzeo5NOMBW1Kh7-2F0lVLEBoE0q9toAN-2F1JX-2FDizz7QU2mJbrnf15fdU9rXkaFmAJo070A4n6zUkxLyF-2F5-2BxL3UFD-2FxRPx0Jo9AS29EQ1IB8HRXEjvF3WajW1n39x9bo80eEkKLsYi09FYo5NhAAwrbFjgJasqId98WOJCut-2FyaS-2FJHptq67Rz0RXlAQo2lg1wr5klkEzov-2FBhLZDKTck5N63lxm7-2Fo8uOlwUz9CY8SLNrTQe-2BUuOpMktP8wYxoSO4e4x5oR5VzfxWi-2FRuBMJhOWTKu7ul-2F7Me2yjlzw9asklU-2BLbjhntFpq78PYiJqSZMWIksUK9sbDnRvdi-2FPndFz2lyWssCH3RqQbWLZ4POnDDo-2FGLtB6jJqhZdzDZ9MJKVGiFMD3mg2cddlkI7ywp3it25yfzoSTMhQNrHKysA2v-2B1lDC1saj4puNLp_5E4XW9UuqX6M-2Bq-2BcO3cE3URCC49ymtntcGYuLO833Z79jzZdYy7s985BMZXzN-2FEhsgR-2F1y33z74k4CglKqfFB2J7RyXQzBeWby2xsmMP7J4wE6L8PLZg1DelqdcUzG-2BdG-2F-2BCP1VeYFzNus8Q9DkMPy9oTQ3y1m3Y8ZB-2F8ctWF4opFWm63vWtR8ZaIa7szYvYcSrsXTCBsQBtuG-2BjshDAS55KCQnGzycwPHPnFY3durE5zwTe6Cj-2FJWkyLzMQqHg3DbM6tP6U0QLjHXKt9CnwiEnn7xSBHzKEWfmQxHsN35O-2BbAlHtBD8S7JTpTQaisUGIynfM0vw7Y26824u9R8L9g-3D-3D If prompted for a passcode, please enter: •••••••• Filed via MuckRock.com E-mail (Preferred): requests@muckrock.com PLEASE NOTE OUR NEW ADDRESS For mailed responses, please address (see note): MuckRock News DEPT MR 147271 263 Huntington Ave Boston, MA 02115
- - - - - - - - - -

If you need to change your submitted request (details, departments, etc.), please email foia@baycounty.net instead of submitting another request.

Bay County will respond within five business days after the request is received. If your request was submitted after 5:00 p.m. EST, it would be received by the County on the next business day. If needed, the County may issue a notice extending for up to ten additional business days the time it has to respond to the request. If you don't receive a response within five business days, please be sure to check your "Spam" folder in the event your email provider filters out our response. Our email response will come from baycountymi@justfoia.com.

If the request is granted or granted in part, the County will ask that payment be made for the allowable fees associated with responding to the request before the public record is made available.

Thank you,

Bay County FOIA Division
515 Center Avenue, Ste. 402
Bay City, MI 48708
(989) 895-4131
foia@baycounty.net

*Note: This is an automated email notification. Please do not respond to this email.

Pursuant to your follow-up please see below the response that was sent.

Thank you,
Nicole

"On Thu, Jun 15, 2023 at 2:56 pm, Nicole LaDouce (Bay County, MI) wrote:

RE: FOIA Request Request Number: 2023-377

Dear Daniella Jimenez,

The Bay County Department of Corporation Counsel has received your request for public records and has processed it under the provisions of the Michigan Freedom of Information Act (FOIA), MCL 15.231 et seq.

Your request has been GRANTED in part and DENIED in part. The basis for any redactions in the documents provided (or the basis for denying the production of documents in their entirety) is further explained below. The Bay County Sheriff's Office has compiled fifteen (15) pages of documents and thirty-three (33) photographs in response to this request.

Since the time spent searching for this information was less than the time allowable in which to assess fees, charges are waived for processing this request. Accordingly, the responsive records have been released, and you may view and download them by clicking here: Request Number: 2023-377

As indicated above, portions of your request have been denied in part because the information you requested is exempt under FOIA. Accordingly, I have set forth the applicable exemptions for you below.

Your request has been denied in part because I have found that releasing this information would constitute an unwarranted invasion of privacy. Accordingly, cellular telephone numbers have been redacted and withheld from these records under MCL 15.243(1)(a) & (b)(iii).

The pertinent provision of the Act upon which this response/exemption is based read as follows:

Sec. 13. (1) A public body may exempt from disclosure as a public record under this act any of the following:

(a) Information of a personal nature if public disclosure of the information would constitute a clearly unwarranted invasion of an individual's privacy.

(b) Investigating records compiled for law enforcement purposes, but only to the extent that disclosure as a public record would do any of the following:

***

iii. Constitute an unwarranted invasion of personal privacy.

Disclosing the above-referenced information would constitute an unwarranted invasion of a third-party individual's privacy under the Act. In addition, this information is generally not available to the general public and is not listed in a general public directory. Release of that information to members of the public could also allow their misuse and cause both emotional and economic hardship to those third parties. Finally, releasing the above-described information of those third parties would not assist any member of the public in understanding the function or working of government, as is the promoted intent of the Act.

If you are dissatisfied with this response, I want to advise you of your appeal rights. You may file a written appeal to the Bay County Executive that specifically states the word “APPEAL” and must give the reason or reasons for reversal of the denial, or if you are appealing a fee, specifically identify how the required fee exceeds the amount permitted. Alternatively, you may seek judicial review of this denial pursuant to MCL 15.240. If you seek judicial review and the Court determines the public body made an improper decision regarding the records sought, you may be entitled to attorney fees and the potential damages outlined in the statute.

Please be assured that Bay County is committed to full compliance with public policies promoting the disclosure of information regarding governmental affairs and the actions of public employees. Bay County’s FOIA Procedures & Guidelines and Public Summary are available upon request or on our website at: https://www.baycounty-mi.gov/CorporationCounsel/FOIA.aspx.

Sincerely,

Nicole LaDouce
FOIA Coordinator

Bay County FOIA Division
515 Center Avenue, Ste. 402
Bay City, Michigan 48708
(989) 895-4131
foia@baycounty.net"

A response was sent on June 15 to the requests@muckrock.com<mailto:requests@muckrock.com>. I just forwarded it again. Please let me know if you receive it.

Thank you,
Nicole

I just resent it to the address you just provided, please let me know if you get it.

Thank you,
Nicole