Law Enforcement Agencies accessing statewide LexisNexis/West personal information databases

Dear Mr. Tepper,

This notice is in response to your request dated March 7, 2024 (below) for information under the Freedom of Information Act (FOIA), MCL 15.231 et seq. Your request was received by the Department of Technology, Management and Budget, Central Procurement Services, on March 8, 2024. You have requested:

I am seeking any agreements, documents, reports, communications, lists, logs or datasets showing the names of the state and local law enforcement agencies that have bought or can use services through the following Personal Information Database contracts: LexisNexis Risk Solutions, Contract #: 200000000664 and West Publishing Corporation, a Thomson Reuters business, Contract #: 200000000689.

The following action has been taken in response to this request:

REQUEST GRANTED IN PART, DENIED IN PART, as follows:

REQUEST PARTIALLY GRANTED:

We have identified records believed to be responsive to your request. Your request is granted as to existing, non-exempt records which are within the possession of the DTMB, and which fall within the scope of your request. The requested records are attached.

Section 4(5) of the FOIA, MCL 15.234(5), provides that a public body must notify the requester in writing if all or a part of the requested information is available on the public body's website. Please be informed that all or parts of the records you have requested are available without charge at: State of Michigan, DTMB contracts may be available free of charge at: DTMB - Contract List (michigan.gov)<https://www.michigan.gov/dtmb/procurement/contractconnect/contract-list>

REQUEST PARTIALLY DENIED:

MCL 15.232(e), Records Not Possessed by DTMB

To the best of the Department's knowledge, information, and belief, DTMB does not maintain or possess public records as that term is defined under section 2(e) of the FOIA, MCL 15.232(e), under the name given in your request or by another name reasonably known to the Department, to wit, agreements, documents, reports, communications, lists, logs or datasets showing the names of the local law enforcement agencies that have bought or can use services through the following Personal Information Database contracts: LexisNexis Risk Solutions, Contract #: 200000000664 and West Publishing Corporation, a Thomson Reuters business, Contract #: 200000000689

MCL 15.233(3)(1) Request Overly Broad

MCL 15.233, Sec. 3 (1) provides that a requesting person must describe a public record sufficiently to enable the public body to find the record. Regarding any agreements, documents, reports, communications, lists, logs or datasets, this part of your request does not describe records sufficiently to enable the department to determine what records you are seeking. It is hereby certified that, to the best of the undersigned's knowledge, information, and belief, records do not exist within the department under the description you provided or under another name reasonably known to the department.

MCL 15.233(3)(4) Compile or Create a New Record

MCL 15.233, Sec. 3 (4) provides that a public body is not required "to make a compilation, summary, or report of information..." in response to a request. You have not described existing public records within this department pursuant to section 3(1) of the FOIA. Therefore, your request is denied pursuant to section 3(4) and (5) of the FOIA, to wit, agreements, documents, reports, communications, lists, logs or datasets specific to law enforcement.

The Department's written procedures and guidelines and a summary thereof can be viewed at: www.michigan.gov/foia-dtmb<http://www.michigan.gov/foia-dtmb> .

As to the denial determination, pursuant to section 10 of the FOIA, you may do either of the following:

1. Appeal this decision in writing to the DTMB Director Michelle Lange, Elliott-Larsen Building, 320 South Walnut, P.O. Box 30026, Lansing, Michigan 48909. The writing must specifically state the word "appeal" and must identify the reasons you believe the denial should be reversed. The head of the department must respond to your appeal within 10 business days of its receipt. Under unusual circumstances, the time for response to your appeal may be extended by 10 business days.

2. File an action in the Court of Claims within 180 days after the final denial determination. If you prevail in such an action the court is to award reasonable attorney fees, costs, disbursements, and possible damages.

ADDITIONAL INFORMATION:

* State of Michigan, DTMB contracts may be available free of charge at: DTMB - Contract List (michigan.gov)<https://www.michigan.gov/dtmb/procurement/contractconnect/contract-list>
* A public copy of bidders proposals may be available free of charge at: DTMB - Bid Proposals (michigan.gov)<https://www.michigan.gov/dtmb/procurement/contractconnect/bid-proposals>
* For current bids, please visit: Welcome to CGI Advantage Vendor Self Service Portal: Home (michigan.gov)<https://sigma.michigan.gov/webapp/PRDVSS2X1/AltSelfService>
* The FOIA email address for DTMB Central Procurement Services is: DTMB-PurchFOIA@michigan.gov<mailto:DTMB-PurchFOIA@michigan.gov> . Please use this address when requesting information and/or documents from DTMB Central Procurement.
* DTMB Central Procurement Services has a FOIA Request Form available. You can find the form via the following link: https://www.michigan.gov/dtmb/0,5552,7-358-82550_85746_48677-57230--,00.html
Best,

Tamara J. Fleming
Asst FOIA Coordinator & State Administrative Board Claims Analyst, Knowledge Center
Central Procurement Services - Customer Experience
State of Michigan, Elliott-Larsen 2N
517-388-5773
FlemingT3@michigan.gov<mailto:FlemingT3@michigan.gov>

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