MDHHS Public Health Policy Discussions (3/1/2020 to 8/10/2021)

Dear Mrs. Miller,

Thank you for your interest in public records of the Michigan Department of Health and Human Services (hereinafter “Department”).
Records Requested: To Whom It May Concern:

Pursuant to the Michigan Freedom of Information Act, I hereby request the following records:

For the time frame between March 1, 2020 through the present:

1. All emails related to COVID-19, school closures, and/or business restrictions sent between former MDHHS Director Robert Gordon (GordonR3@michigan.gov) and the following:
- Governor Gretchen Whitmer (WhitmerG1@michigan.gov),
- Lt. Gov. Garlin Gilchrist (Garlin.Gilchrist@michigan.gov),
- Chief Legal Counsel Mark Totten (TottenM1@michigan.gov),
- Chief of Staff JoAnne Huls (HulsJ1@michigan.gov),

Please also be sure to include any attachments to those emails;

2. All emails between Gov. Whitmer, Mark Totten, and JoAnne Huls related to the resignation/termination of Director Gordon. Please be sure to include any attachments to those emails;

3. All MDHHS human resources records related to the resignation/termination of Robert Gordon as MDHHS director, including but not limited to any separation agreements. Please be sure to include any attachments to any emails.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. If a fee waiver is not granted, I am willing to pay up to $25 for the requested information. If the fee for this request exceeds this amount, please notify me in writing prior to beginning work on the request.

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,

Erin Marie Miller

Upload documents directly: https://www.muckrock.com/
Your request has been assigned the following tracking number: H012572-081021. Your request has a legally received date of August 11, 2021. You will receive a response by the Department by August 18, 2021. Unfortunately, we are unable to expedite requests and the time permitted for response by the Department may be extended beyond August 18, 2021 by ten (10) business days.
In accordance with the Michigan Freedom of Information Act (FOIA), MCL 15.231 et seq, the Department provides copies of existing non-exempt records. Records which are exempt from disclosure under state or federal law will not be provided, or records may be redacted to separate exempt information. The FOIA does not require the Department to create new records or answer queries.
You can monitor the progress of your request at the MDHHS Public Records Center and you will receive an email when your request has been completed.
Regards,
Bureau of Legal Affairs,
Michigan Department of Health and Human Services

RE: PUBLIC RECORDS REQUEST , Reference # H012572-081021
Dear Mrs. Erin Miller,

This notice is issued in response to your request, legally received by the Michigan Department of Health and Human Services (Department) on August 11, 2021, requesting information under the Freedom of Information Act (FOIA), MCL 15.231 et seq.

In order to determine what responsive records the Department might have, it is necessary to extend the time for response permitted by MCL 15.235 §5(2)(d) until September 01, 2021.

The Department’s FOIA policies and procedures are available at Policies and Procedures.


Sincerely,

Bureau of Legal Affairs,
Michigan Department of Health and Human Services

RE: Public Records Request, Reference # H012572-081021 Dear Mrs. Miller,

This notice is issued in response to your request, legally received by the Michigan Department of Health and Human Services (Department) on August 11, 2021, requesting information under the Freedom of Information Act (FOIA), MCL 15.231 et seq.

For #1 of your request, your request is granted as to existing nonexempt records.

The Department has determined the cost for searching, retrieval, and review of the requested records and separation of exempt and nonexempt information. The cost of your FOIA request is stated in the invoice located in the MDHHS Public Records Center, where you may pay your invoice online. Upon receipt of your payment the Department will process your request. Your payment must be received within 48 days from the date of this communication; otherwise, your request will be considered abandoned.

The Department’s best effort estimate for time to complete your request is thirty business days from the date your payment is received. For #2 of your request, your request is denied. The Department is not authorized to access emails of any State employees that do not work at MDHHS. The employees you named are all employees with EOG. For #3 of your request, your request is partially granted and partially denied. As to the partial grant, you can access these records in the MDHHS Public Records Center under this FOIA request. As to the partial denial, information of a personal nature if public disclosure of that information would constitute a clearly unwarranted invasion  of an individual's privacy is exempt under MCL 15.243 Sec. 13 (1)(a). You will notice an individual's home address has been redacted. he Department is obligated to inform you that under MCL 15.240 §10 the following remedies are available:
1. Appeal this decision in writing to the Legal Affairs Administration of the Department of Health and Human Services, PO Box 30195, Lansing, MI 48909. The writing must specifically state the word “appeal” and must identify the reason or reasons you believe the denial should be reversed. The Department must respond to your appeal within ten days of receipt. Under unusual circumstances, the time for response to your appeal may be extended by ten business days.
2. File an action in the appropriate court within 180 days after the date of the final determination to deny the request. If you prevail in such an action, the court is to award reasonable attorney fees, costs, disbursements, and possible damages.

The Department’s FOIA policies and procedures are available at Policies and Procedures. Sincerely,
Ruth O'Connor
Bureau of Legal Affairs