MDCH overturns FOIA denial, releases H1N1 information

LANSING — After originally claiming that they could not release documents related to the state’s spending on H1N1 prevention and treatment for national security reasons, the Michigan Department of Community Health has reversed its denial and released the documents.

The MDCH initially claimed that releasing the information in response to a Freedom of Information Act request from the Michigan messenger would have violated the state’s anti-terrorism laws. The reversal came after the Messenger and a coalition of transparency advocates and news outlets appealed the original denial.

The newly released documents shed new light on where money was dispersed and how.

The department originally denied a request to release information related to a $25,000 budget item for the involvement of the Civilian Air Patrol. It also refused to release information about an exercise which was budgeted at nearly $50,000 and refused to identify which “partner agencies” had received gloves, masks and other supplies purchased by the department.

In the letter overturning the original decision, MDCH Director Janet Olszewski released a list of the state’s hospitals, public health clinics and tribal councils which received the medical equipment.

Olszewski said that the state still could not provide documents related to the unspecified “exercise” budget line because this action “did not occur, and documents do not exist.” She said the money originally planned for the ‘exercise’ was redirected to patient care and vaccinations for H1N1.

In reference to the Civilian Air Patrol monies, Olszewski said that there were no documents to be released because “the Civilian Air Patrol was paid for by the United States Air Force, and the DCH does not have any existing records with regards to this item.” That money was also redirected into patient care and vaccination programs, she said.

One document released indicates that the MDCH had requested the help of the CAP to transport shipments of antiviral medications to hospitals and local health departments.

In a March 17 interview with Michigan Messenger, James McCurtis, spokesperson for MDCH, said all the money which Michigan Messenger had noted as unaccounted for had been redirected to patient care and vaccination programs in the state. That money included $500,000 budgeted for a state wide media campaign, which was never spent; $25,000 for CAP; and just under $50,000 for the ‘exercise.’

Since none of the documents released appears to have any relationship to terrorism or national security, the obvious question is: Why did the MDCH deny those requests in the first place on that basis? FOIA experts weighed in on that question.

“It is interesting that only after a broad cross-partisan coalition of pro-transparency advocates signed on that the MDCH positively responded,” wrote Chetly Zarko, co-founder of the Michigan Transparency Project and a co-signer of the appeal letter. “When a public body uses a ‘blanket denial’ as it did here, it is often for strategic reasons that have nothing to do with the records themselves. They are being obstructionist — to raise the costs to the requesters or send a message that ‘this will be difficult on you to proceed.’ When the reversal occurs it proves the original denial wasn’t based closely in an honest examination of the records.”

“I think they were trying to find a neat excuse for closure. Something that would be indefensible and probably would even allow them to question the patriotic bona fides of anybody who would ask for it,” said Charles Davis, journalism professor at Missouri State University and executive director of the National Freedom of Information Coalition. “So it’s a very useful exemption in that regard. It’s sort of imbued with a lot of nationalism.”

The MDCH spokesman was in no mood to answer the question, preferring to focus on the fact that the information had now been released.

“You said we kept it secret. There they are. They are all out there for you,” McCurtis said when asked why the department had refused to release the names of the groups that received the medical gear. “I think we answered that question just now. Whether we debate if it was answered in a FOIA or not, I think you have your answer now.”

Later in the 30 minute interview McCurtis accused Messenger of seeking the list of which groups received what equipment in order to make the MDCH “jump through hurdles.”

Asked why the department had not just noted in response to the first request that the money for CAP and the ‘exercise’ had not been spent as budgeted, McCurtis replied, “I dunno. We answered the question now. The question’s answered now.”