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Board denies FOIA appeal after sheriff says responsive records either do not exist or are part of active investigation

October 13, 2025 | Montcalm County, Michigan


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Board denies FOIA appeal after sheriff says responsive records either do not exist or are part of active investigation
The Montcalm County Board of Commissioners on Monday denied a Freedom of Information Act (FOIA) appeal seeking records related to unidentified human remains.

The sheriff told the board that several requested records dated to the 1970s were not available and that one record responsive to the request was part of an active investigation. The sheriff said a bone fragment recently turned over by a resident had been submitted to a forensic anthropologist but results were not yet available; a dive team searched the reported area with no further discoveries. The sheriff said active-investigation exemptions under the law apply to that responsive item.

Commissioners discussed whether additional action was needed; some noted the case’s age but accepted the sheriff’s explanation that records from the period may not exist and that active-inquiry material is exempt. A motion to deny the appeal passed by voice vote.

No additional records were released at the meeting; the board’s action closed the county-level FOIA appeal.

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Scribe from Workplace AI
Scribe from Workplace AI