The University of Michigan, often simply referred to as "Michigan," is a public research university in Ann Arbor. | Wikimedia Commons
The University of Michigan, often simply referred to as "Michigan," is a public research university in Ann Arbor. | Wikimedia Commons
Gov. Gretchen Whitmer contends she used the best “science and data” from the University of Michigan in developing her lockdown orders, but a majority of the university’s documentation also appears to be on lockdown.
A lawsuit filed by the Mackinac Center for Public Policy, through the Freedom of Information Act (FOIA), was heavily redacted following a long delay in fulfilling the request. The Mackinac Center opted to go through the university to seek the information, based on the fact the governor’s office is exempt from the FOIA, and she had refused to divulge any details.
Two requests were made in May to the university. The first asked for email communications between three university employees and anyone with a Michigan government email address. The second request expanded upon the original, seeking emails from the three employees along with the term “Michigan Safe Start Plan.” The requests, made May 13 and 27, set in motion a lengthy process that has fallen short of expectations and FOIA standards.
The Mackinac Center reported that the university was prepared to deliver documents Aug. 20. Estimated costs were set at $2,124 for the first request and $170 for the second. The Mackinac Center paid for the second, only to see the university misdirect the payment. Documents were finally received Oct. 5, but a significant portion had been redacted by the university, which cited the “frank communications” exemption. The exemption, as written, can be applied when communications are more than purely factual, advisory in nature or preliminary to a policy decision or determination.
The Mackinac Center filed an appeal that ended with more documents received, albeit once against heavily redacted. It contends that the university has failed to meet the criteria for “frank communications.”
“There has understandably been a lot of speculation surrounding the inconsistencies in Gov. Whitmer’s COVID-19 response plans,” Steve Delie, the Center’s policy lead on transparency and open government, told the Mackinac Center. “The public deserves to know what data was used as the basis for these decisions that impacted their lives and livelihoods.”
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