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Union’s Use of School’s E-Mail System Not Subject to FOIA

February 4th, 2010

The Michigan Court of Appeals recently held that personal and union business e-mails, the majority of which were sent during instructional time, were not subject to the Michigan Freedom of Information Act (“FOIA”) because they are not “public records” within the meaning of the statute. Howell Educ Ass’n v Howell Bd of Educ, ___ Mich App ___ (2010).

(Excerpted from the March 25, 2010 edition of School Law Notes, Thrun Law Firm’s monthly newsletter for retainer clients.)