Dearborn City Councilmembers Mustapha Hammoud (left), Ken Paris, Leslie Herrick, Michael Sareini, Robert Abraham and Gary Enos meet for a Jan. 19 special meeting to consider Freedom of Information Act appeals from activist Hassan Aoun.
By SUE SUCHYTA
Times-Herald Newspapers
DEARBORN – Activist Hassan Aoun, 54, of Dearborn appealed the results of three Freedom of Information Act requests during a Jan. 19 special meeting with the City Council and other city officials.
Hassan made three requests: documents, audio and video recordings involving Arab American News Publisher Osama Siblani, who spoke to a police official about a possible intimidation incident involving Aoun; police audio and video recordings and non-emergency phone calls from the Oct. 10 Dearborn Public Schools board meeting, which contained redactions to which he objected; and a request for the waiver of $1,533 in fees for a FOIA request for a year’s worth of emails from Mayor Abdullah Hammoud and other city officials to city police officials.
The City Council denied each request, in separate votes, which prompted Aoun to announce that he would be taking the city to court.
FOIA coordinator and assistant corporate counsel Jeremy Brown said that for the first request, there were no audio or video recordings related to the report filed. He said all relevant documents, including a police report, were given to Aoun in response to his FOIA request.
Local activist Hassan Aoun (left) addresses a Jan. 19 special meeting of the Dearborn City Council to appeal recent Freedom of Information Act request decisions, as activist Stephanie Butler watches.
Aoun said that the response he received led him to believe that his request was denied, not that items he requested did not exist.
Brown said that a communication made by an individual to a police official was not recorded because it occurred on an office phone, not an emergency line.
Deputy corporate counsel Brad Mendelsohn reiterated that there was no dash cam or body cam footage related to the referenced interaction.
Aoun insisted that recordings exist.
Mendelsohn said Aoun’s next option would be to file a legal action in Wayne County Circuit Court.
Aoun said a police officer was dispatched to the Arab American News offices, that there was a 911 call and that body cam footage exists.
“You guys are trying to just sit there and make me look like there is nothing there,” he said. “Maybe I am not a lawyer, but I’m a smart guy.”
Brown said a phone call was made from a police official to a person at the Arab American News office on a desk phone and that a police report was made. He said what Aoun requested was granted, and the items Aoun claims he was denied do not exist.
City Council President Michael Sareini said no 911 call was made, and Aoun insisted that a 911 call was made and he wants the recording, per his FOIA request.
Brown said an officer made a phone call, took a report, and asked Wayne County officials if prosecution should be pursued, which Wayne County officials declined to do.
Aoun asked why a civil matter was referred to Wayne County officials.
“Why did they go downtown for prosecution?” he asked. “Let’s get to the bottom of this. You guys want to sit there and tell me you took a civil matter to Wayne County? Let’s be honest with each other – this is harassment. You guys are harassing me and doing a really good job of taking it to downtown Detroit.”
Sareini said no charges were filed, which Aoun said would have been a First Amendment rights violation.
Brown concurred that a Wayne County attorney determined that the issue fell under the First Amendment and no charges could be pursued. He said the same officer who took the information for the police report referred the matter to Wayne County.
Mendelsohn said when a harassment complaint was made with the Dearborn Police Department, the police officer was following standard practice by sending the information to Wayne County for review.
Brown said that when any charges occur for which the city does not have an ordinance, or for felonies for which the city does not have jurisdiction, officers would have to send it to Wayne County. He said he does not believe the city has an ordinance related to intimidation, and so the police officer would have to forward it to Wayne County for a decision.
Aoun said he was going to submit a FOIA request to find out what civil matter was sent downtown for a decision.
“I’m the only one?” he asked. “That means you guys are out for blood from me to arrest me for any little thing.”
The second FOIA result which Aoun was contesting was the redaction of information from audio and video recordings and non-emergency calls from the Oct. 10 Dearborn Public Schools board meeting.
Aoun said he wants the non-redacted recordings, and was told that the information redacted would include individuals’ addresses, license plate numbers, phone numbers, medical information and other personal information.
Brown said that all the recordings and documents that Aoun requested were provided to him. He said Aoun received about 50 files of camera footage.
Brown said the police officer who redacted personal information from the recordings compiled a list of what was redacted, which was individuals’ personal information.
He said the two-pronged criteria asks whether the information is personal and if releasing it would constitute an invasion of privacy.
Brown said an exception is made only when the information helps an individual to significantly understand the operations and activities of the government. He said information on private citizens has nothing to do with the inner working of the government, so it was properly redacted.
Aoun contended that, because it was a public meeting, none of the information given during the meeting should have been redacted.
He said, to his knowledge, no one was sent to the hospital and no one received medical treatment.
Sareini said the information redacted was not needed by Aoun and did fall under the personal information criteria.
Aoun said his FOIA requests are being denied because he initiates them, and implied that he will seek redress in court.
The third matter related to Aoun’s request that the city waive the $1,533 or more in fees associated with his request for a year’s worth of emails from the mayor and his staff to police officials.
Brown said the emails would each have to be reviewed for privileged information and exempt information, which would be a time-intensive task, and the city, as permitted by the statute, is allowed to charge a fee for the FOIA fulfillment.
Brown said that Aoun requested a fee waiver, to which Aoun is not entitled.
Aoun said that the FOIA he filed was for the public interest, not his own commercial interest, and contended that the city should have waived the fees.
“I indicated that this was for the public interest,” Aoun said. “You are just going to deny everything. You came to this meeting to deny everything, but this is the law.”
Aoun challenged Sareini’s knowledge of FOIA law, noting that Sareini is an attorney. Sareini replied that the law allowed the entity presented with a FOIA request to determine the fulfillment cost.
Brown said the federal FOIA statute to which Aoun is referring does not govern Michigan FOIA requests.
“The federal statute governs federal agencies,” Brown said.
Brown said the cost of fulfilling the FOIA is based on the lowest paid employee capable of doing the work. He said the hourly rate of pay multiplied by the estimated time to fulfill the FOIA is how the amount is determined. He said the worker’s benefits were not calculated into the city’s calculation, even though such an inclusion is permitted.
Aoun asked why FOIA fees are waived for the media, which Sareini declined to discuss.
Councilmember Ken Paris suggested the fee be reduced by half, but did not receive support from any other councilmembers.
The council voted to deny the waiver of the FOIA fees.