Media

'Things Got Curious:' See Why Michigan Radio Can't Send UM a Public Info Request

July 23, 2015, 4:12 PM by  Alan Stamm

Update, Friday afternoon: The July 23 blog post described here was taken down a day later at Vincent Duffy's request, he tells Deadline. This site's editor declined his request to remove this article because it reports accurately on his publicly posted comments.  

Franz Kafka might recognize this explanation:

The University of Michigan needn't respond to a state Freedom of Information Act request from Michigan Radio because it licenses the NPR affiliate.

That's what news director Vincent Duffy says he was told this week when after a reporter requested data about campus sexual assault complaints, expulsions and other penalties -- a request sent to all 13 public universities in this state.

Featured_vincent_duffy_17776
Vincent Duffy, news director: "We needn’t worry about this, I’m told." (Facebook photo)

In a blog post Thursday at an electronic news group's site, Duffy describes how "things got . . . curious."

University of Michigan counsel informed me that the Michigan Radio newsroom cannot submit FOIA requests with the University of Michigan. Why? Because we’re both the same organization.

Our radio station license is owned by the regents of the University of Michigan, so the newsroom is, in effect, part of the University of Michigan. The explanation is that The University of Michigan can’t demand public records from itself. We needn’t worry about this, I’m told, because if we ever need anything, we can just call and ask for it. . . .

I wonder if it would be OK for our reporters to just wander around the campus and look at all the documents that are already, well, “ours?” There’s no reason for the university to hide anything from itself, is there?

The Ann Arbor news director's post is at the site of the Radio Television Digital News Association, where he's an at-large director.  It's headlined "You can’t FOIA us, we own you."  

Unsurprisingly, the puzzled journalist solicited independent reactions to the UM attorney's reasoning.  

Like any good newsman I called some other sources. Two prominent FOIA attorneys . . . strongly disagree with the university’s legal counsel, saying: “That might be university policy, but it certainly isn’t Michigan law.”  But as one of the attorneys said, “How much do you want to spend to find out who is right?” 


Read more:  Radio Television Digital News Association


Leave a Comment:

Photo Of The Day