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June 4 2020

New Executive Order Rescinds Prior Order Extending FOIA Deadlines

By: Ronald M. Redick

On April 5, 2020, Governor Whitmer issued Executive Order 2020–38, extending deadlines for responses to Freedom of Information Act (“FOIA”) requests.  The principal effects of EO 2020-38 were (a) to  increase the time for the initial response to a FOIA request from five business days to 10 business days, and (b) to allow FOIA coordinators to extend the time for response by written notice for as long as “the public body deems necessary,” up to June 4, 2020.

On June 3, 2020, the Governor issued Executive Order 2020–112, which has the effect of extending EO 2020-38 through June 10, 2020, but also rescinding it, effective at 12:01 a.m. on June 11, 2020.  Therefore, any FOIA request received on or after June 11, 2020, must be responded to in accordance with the normal deadlines and procedures specified by the FOIA statute.

Our local government attorneys are available by email or phone to answer questions, and to assist with this Order or any other questions you may have about FOIA.