Village of Bear Lake Anti Discrimination Policy

A reader has asked to see a copy of this Policy.

It can be found in context here and by clicking on this link to a previous posting.



The Village of Bear Lake is a General Law Village, in northwest Michigan, operating under the General Law Village Act 3 of 1895 as amended of the State of Michigan.  Accordingly, the Village of Bear Lake is a body organized to promote the general health, welfare and safety of the public and citizens of the Village of Bear Lake.  The village of Bear Lake serves all people, including minority populations, low income populations, the elderly, persons with disabilities, and those who traverse the Village.  The Village of Bear Lake, recognizes in responsibility to provide fairness and equity in all of its programs, services, and activities, and that it must abide by and enforce federal and state civil rights legislation.   

Title VI of the Civil Rights Act of 1964, is the overarching civil rights law which prohibits discrimination based on race, color, or national origin, in any program, service or activity that receives federal assistance.  Specifically, Title VI assures that, “No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefit of, or be otherwise subjected to discrimination under any program or activity receiving federal assistance.”  Title VI has been broadened by related statutes, regulations and executive orders.  Discrimination based on sex is prohibited by Section 324 of the Federal-Aid Highway Act, which is the enabling legislation of the Federal Highway Administration (FHWA).  The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 prohibit unfair and inequitable treatment of persons as a result of projects which are undertaken with Federal financial assistance.  The Civil Rights Restoration Act of 1987 clarified the intent of Title VI to include all programs and activities of federal-aid recipients and contractors whether those programs and activities are federally funded or not.    

In addition to statutory authorities, Executive Order 12898, “Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations,” signed in February of 1994, requires federal agencies to achieve Environmental Justice as part of its mission by identifying disproportionately high and adverse human health or environmental effects of its programs, policies, and activities on minority populations and low-income populations.  Environmental Justice initiatives are accomplished by involving the potentially affected public in the development of transportation projects that fit within their communities without sacrificing safety or mobility.  In 1997, the U.S. Department of Transportation (USDOT) issued its DOT Order to Address Environmental Justice in Minority Populations and Low-Income Populations to summarize and expand upon the requirements of Executive Order 12898 on Environmental Justice.  Also, Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency (LEP),” provides that no person shall be subjected to discrimination on the basis of race, color, or national origin under any program or activity that receives Federal financial assistance. 

As a recipient of federal financial assistance, the Village of Bear Lake must provide access to individuals with limited ability to speak, write, or understand the English language.  The Village of Bear Lake will not restrict an individual in any way from the enjoyment of any advantage or privilege enjoyed by others receiving any service, financial aid, or other benefit under its programs or projects.  Individuals may not be subjected to criteria or methods of administration which cause adverse impact because of their race, color, or national origin, or have the effect of defeating or substantially impairing accomplishment of the objectives of the program because of race, color or national origin.  Therefore, the primary goals and objectives of the Village of Bear Lake’s Title VI Program are:

  1. To assign roles, responsibilities, and procedures for ensuring compliance with Title VI of the Civil Rights Act of 1964 and related regulations and directives;
  1. To ensure that people affected by the Village of Bear Lake’s programs and projects receive the services, benefits, and opportunities to which they are entitled without regard to race, color, national origin, age, sex, or disability;
  1. To prevent discrimination in the Village of Bear Lake’s programs and activities, whether those programs and activities are federally funded or not;
  1. To establish procedures for identifying impacts in any program, service, or activity that may create illegal adverse discrimination on any person because of race, color, national origin, age, sex, or disability; or on minority populations, low-income populations, the elderly, and all interested persons and affected Title VI populations;
  1. To establish procedures to annually review Title VI compliance within specific program areas within the Village of Bear Lake;
  1. To set forth procedures for filing and processing complaints by persons who believe they have been subjected to illegal discrimination under Title VI in the Village of Bear Lake’s services, programs or activities.

As a sub-recipient of federal transportation funds, the Village of Bear Lake must comply with federal and state laws, and related statutes, to ensure equal access and opportunity to all persons, with respect to transportation services, facilities, activities, and programs, without regard to race, color, national origin, sex, socio-economic status, or geographical location.  Every effort will be made to prevent discrimination in any program or activity, whether those programs and activities are federally funded or not, as guaranteed by the Civil Rights Restoration Act of 1987. 

The Village of Bear Lake shall also ensure that their sub-recipients adhere to state and federal law and include in all written agreements or contracts, assurances that the sub-recipient must comply with Title VI and other related statutes.  The Village of Bear Lake, as a sub-recipient who distributes federal transportation funds, shall monitor their sub-recipients for voluntary compliance with Title VI.  In the event that non-compliance is discovered, the Village of Bear Lake will make a good faith effort to ensure that the sub-recipient corrects any deficiencies arising out of complaints related to Title VI; and that sub-recipients will proactively gauge the impacts of any program or activity on minority populations and low-income populations, the elderly, persons with disabilities, all interested persons and affected Title VI populations.

Discrimination under Title VI

There are two types of illegal discrimination prohibited under Title VI and its related statutes.  One type of discrimination which may or may not be intentional is “disparate treatment.”  Disparate treatment is defined as treating similarly situated persons differently because of their race, color, national origin, sex, disability, or age.

The second type of illegal discrimination is “disparate impact.”  Disparate impact discrimination occurs when a “neutral procedure or practice” results in fewer services or benefits, or inferior services or benefits, to members of a protected group.  With disparate impact, the focus is on the consequences of a decision, policy, or practice rather than the intent.

The Village of Bear Lake’s efforts to prevent such discrimination must address, but not be limited to, a program’s impacts, access, benefits, participation, treatment, services, contracting opportunities, training, investigation of complaints, allocation of funds, prioritization of projects, and the overarching functions of planning, project development and delivery, right-of-way, construction, and research.

The Village of Bear Lake has developed this Title VI Plan to assure that services, programs, and activities of the Village of Bear Lake are offered, conducted, and administered fairly, without regard to race, color, national origin, sex, age, or disability of the participants or beneficiaries of federally funded programs, services, or activities (see Title VI Assurances).



The Village of Bear Lake reaffirms its policy to allow all individuals the opportunity to participate in federal financially assisted services and adopts the following provision:

“No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.” In applying this policy, the Village of Bear Lake and its sub-recipients of federal funds shall not:

  1. Deny any individual with any service, opportunity, or other benefit for which such individual is otherwise qualified;
  1. Provide any individual with any service, or other benefit, which is inferior (in quantity or quality) to, or which is provided in a different manner from that which is provided to others;
  1. Subject any individual to segregated or disparate treatment in any manner related to such individual’s receipt of services or benefits;
  1. Restrict an individual in any way from the enjoyment of services, facilities or any other advantage, privilege or other benefit provided to others;
  1. Adopt or use methods of administration, which would limit participation by any group of recipients or subject any individual to discrimination;
  1. Address any individual in a manner that denotes inferiority because of race, color, or national origin;
  1. Permit discriminatory activity in a facility built in whole or in part with federal funds;
  1. Deny any segment of the population the opportunity to participate in the operations of a planning or advisory body that is an integral part of a federally funded program;
  1. Fail to provide information in a language other than English to potential or actual beneficiaries who are of limited English speaking ability, when requested and as appropriate;
  1. Subject an individual to discriminatory employment practices under any federally funded program whose objective is to provide employment;
    1. Locate a facility in any way, which would limit or impede access to a federally-funded service or benefit.
  2. The Village of Bear Lake will actively pursue the prevention of any Title VI deficiencies or violations and will take the necessary steps to ensure compliance. If irregularities occur in the administration of the program’s operation, procedures will be promptly implemented to resolve Title VI issues all within a period not to exceed 90 days.

    The Village of Bear Lake designates Cindi McPherson, Village Clerk as the Title VI Coordinator. The Village Clerk will be responsible for initiating and monitoring Title VI activities and other required matters, ensuring that the Village of Bear Lake complies with the Title VI regulations and pursues prevention of Title VI deficiencies or violations. Inquiries concerning the Village of Bear Lake and Title VI may be directed to the Bear Lake Village Clerk, PO Box 175, Bear Lake, MI 49614; Phone: 231.970.2066; Email:

    ____November 16, 2016___

    Jeff Bair Village President

    Cindi McPherson Clerk/Title VI Coordinator

Partial Recording of Village of Bear Lake Council Meeting December 13, 2017

The Village does not record it’s meetings.

Requests under ADA to make a telephone conference line available were successful this year.

However, the conference line was terminated by the broadcaster not the resident calling in.

If you would agree to attend one Council Meeting a month we will provide a recording/streaming device if you don’t possess one.

2017-18 Budget Worksheets 11-13-17 (1)


Village Variety Store Update

Source: Manistee County Commission DRAFT November 21, 2017 Minutes


Ryker Johnson and Jim Johnson of Onekama, requested permission to examine the area of the building and blue home in the downtown area in the Village of Bear Lake, that is scheduled for demolition soon. If any artifacts are found, they will be donated to the Manistee County Historical Society. There was a concern about the liability of the dilapidated building and others wanting to be on the property. It was a consensus to deny the request to allow Ryker and Jim Johnson permission to enter onto said property prior to and through demolition. Once the building is demolished, this could be reviewed in the spring 2018.


Russell Pomeroy, County Treasurer, presented his monthly report. Mr. Pomeroy reported that the dilapidated building in downtown Bear Lake will be torn down the last week in November 2017. He recognized and thanked Gary Buren of Lakeshore Construction, for putting together bid specs and writing the RFP, accepting bids and vetting the contractors all at no cost. The demolition project has come in significantly below what was expected at a cost of $57,500. The bid was won by a large Grand Rapids contractor who owns their own landfill. The demolition, permits and fees will cost total approximately $78,000 total. The demolition process will be taken down slowly as the contractor will be recycling the bricks.

Mr. Pomeroy will amend the request to the Revenue Sharing Board for funds. Between the blight elimination fund, the foreclosure fund and the Revenue Sharing Fund, and the bid coming in well below what was expected, there will not be a burden placed on the schools with less tax revenue.

Village of Bear Lake, December 13, 2017 Meeting Documents

Employee ETO Policy Nov 2017

T Report November 30, 2017 (1)


Res for Vil Clerk – Treas Ord Prop 11-30-17

Water Ordin 11-27-17 (1)


Annual Holidays

The Village of Bear Lake observes the following holidays:

New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving, Christmas Eve Day, and Christmas Day.

Paid Holidays

All full-time employees will receive holiday pay of eight straight hours at their regular rate.

Holiday pay will not be paid if:

1. The employee has been on the payroll for less than 90 days.

2. The employee is on lay-off status.

3. The employee is a temporary or seasonal employee.

4. The employee is on leave of absence when the holiday occurs.

5. The employee is requested to work during a paid holiday and employee refuses to do so.

Employees who are requested to work during a paid holiday will receive holiday pay plus regular pay.

Continue reading “Village of Bear Lake, December 13, 2017 Meeting Documents”

Village Council December 13, 2017 Council Meeting Agenda


Village of Bear Lake Council Meeting
December 13, 2017
7:00 p.m. – Village Hall

• Additions:
PUBLIC COMMENT: Any agenda item ONLY (two (2)-minute maximum)
• Note: Members of the public will speak only when recognized by the chair person.
• Bill from village resident
Variety Store update –
• Public Hearing DPW Maintenance Building- November 15, 2017
• Regular Meeting November 15, 2017
• Acceptance of Treasurer’s Report
• Amendments:
o Park Manager Report
• Water Well update
• Water Ordinance – held from June meeting
• Accessibility Self-Evaluation
• Plow Truck Grant update – Revenue Sharing
• Maintenance Building update
• CABA :
• Blight Enforcement Officer report:
AD HOC COMMITTEE: Policy, Resolution & Ordinance Committee – Clerk McPherson
• Budget schedule
• Employee ETO

• Villages 125th year
• Community Clean-up Day – are we having it?
• Employee eval – Jared
• Mass Ordinance
• Resolution for Appointment of Clerk & Treasurer
• Water Review Board member – replacement
• Water Superintendent contract
• Employee year end bonus
Follow up on items from October’s council meeting:

PUBLIC COMMENT: General Time – Any Village-related item (two (2)-minute maximum)
Note: Members of the public will speak only when recognized by the chair person.
Items on agenda or not listed
• Community dinner
• Sparkle in the Park

WAGES Accounts Amounts
Water Fund 591-000-702 $1106.00
Park Fund 531-000-702 $104.00
Major Fund 202-463-702 $409.00
Minor Fund 203-463-702 $400.00
TOTAL $2019.00

EQUIP RENTAL Accounts Amounts
Water Fund 591-558-943 $768.68
Major Fund 202-463-943 $898.75
Minor Fund 203-463-943 $703.42
TOTAL $2370.85

November 2017 DRAFT (now approved) Village Council Minutes

Unapproved Minutes November 15, 2017 (1)

Village of Bear Lake Council
November 15, 2017 Bear Lake Village Hall

Approved Minutes

The regular meeting of the Bear Lake Village Council was called to order by President Jeff Bair at 7:04 p.m. at the Village Hall. Pledge of Allegiance was said.

Present: President: Jeff Bair Council: Peggy Bass, Marla Evans, Jackie Johnson, Greg McPherson and Ron Ronning Treasurer: Sally King, Clerk: Cindi McPherson, Staff: Jared Bair and Larry Gibson

Absent: None

Guests: Three (3) guests signed in

Motion to Adopt the Agenda as presented by Ronning and seconded by McPherson, motion carried.
Ayes: Bass, Evans, Johnson, G. McPherson, Ronning, Bair Nays: none Absent: None

Public Comment:

  • • None

Special recognition: Clerk announced Larry (Blight
Enforcement Office)and wife, Sally Gibson from CERT were given “Volunteer of the Year” award by Manistee County Board of Commissions.

Correction: Special recognition: “awarded by Michigan Emergency Management Association (MEMA)” not the Manistee County Board of Commission. It was held at the Manistee Board of Commission.

Correspondence: Read by clerk:


Variety Store update: Pauline Jaquish reported demolition on the blue house will begin on November 27, followed by the Variety building. The name of the company is Pitsch out of Grand Rapids, MI. It should take no more than 3 weeks to complete. The road commission will use flag people and one lane closure during that time. Cost is estimated to be no more than $78K. Blight Fund will contribute funds but will reserve some funds for any later projects;

Approval of October 18, 2017 Regular Meeting:

  • Motion to approve minutes from September 20, 2017 Regular Meeting by Bass, seconded by Ronning. Motion Carried.
    Aye: Bass, Evans, McPherson, Ronning, Bair
    Nay: None Abstain: Johnson
    Absent: None
  • Maintenance Report: Reviewed by Jared Bair. Written report on file with November 2017 minutes
  • Treasurer’s Report: Reviewed by King. Written report on file in the November 2017 minutes binder.

General checking/savings total 59,500.13

    • o Amendments to Budget 2017-2018 A motion was made to approve amendments as listed below to the 2017-2018 budget by Ronning, seconded by McPherson. Motion carried.
    • o Wages to General Fund: $2,236.00
    • o Equipment Rental to General Fund: $456.48

Water checking only 44,020.62

Money Market Checking 10,073.59

Park checking/savings total 15,117.36

Park CD#2 33,065.98

Major Street checking/savings total 29,525.24

Minor Street checking/savings total 9,675.73

Equipment Fund checking/savings total 3,059.67

Honor Bank CD 1,029.93

Note: Decrease in Honor Bank is due to purchase of plow truck. The amount of $14K will be replaced when grant money is received.

Motion to accept the Treasurer’s Report as read by McPherson seconded by Ronning, motion carried.

Aye: Bass, Evans, Johnson, McPherson, Ronning, Bair

Nay: none

Absent: None

Aye: Bass, Evans, Johnson, McPherson, Ronning, Bair

Nays: None

Absent: None


Park increase by $1356 to $6000 Repair/Maint to $6000.00

Minor Increase by $450.00 to $1200.00 Repair/Maint Summer to

Decrease Insurance by $450 to $1090.00

Bills to be paid presented by Clerk. List on file in November 2017 minutes folder.

Discussion on what the Water Superintendent does besides MISS DIG flags. Expense bills from Gary McBride’s education class & training. Village paid for classes & membership. Review of travel expense Gary McBride by President Bair.

Discussion with Jared regarding water classes & when he’ll be done. Also, documenting McBride’s water system knowledge.

Motion to pay the bills by Ronning, seconded by Bass. Motion carried.

Aye: Bass, Evans,Johnson, McPherson, Ronning, Bair

Nay: none

Absent: None

Reimbursements to the General Fund were read by President Bair.

Committee Chair Reports:


  • o Park Report by Park Manager, Jeff Bair on file in November 2017 folder.
  • o Doug & Rose will be park hosts for 2018.
  • o Evans and Clerk McPherson will work on camper welcome information packets
    • o There is a $35 check return policy, one check was returned. Asking for cash or cashier’s check from them.
    • Motion to change Park Fund to Park & Recreation Fund by Bass, seconded by Johnson. Motion Carried. o Most sidewalks will be replaced when water/well project begins. Committee will review streets not affected by project.
    • o Guest Donna Simo asked if “No Parking” signs could be replaced on Cody & Lynn Street area. Signs will be replaced.
    • o North west corner of Smith & Cody St. needs brush cleared.
    • o Discussion on snow removal on the downtown sidewalks. President Bair & Clerk McPherson will talk with store owners regarding use of private plow drivers and where the snow will be put. US-31 is cleared by Manistee County. Clerk McPherson to get business owners together for their thoughts.
    • o Clerk McPherson reported the Prohibitaion of Wells Ordinance was approved at the September 2015 regular village meeting but never put in the newspaper for public knowledge. It has been sent to the village attorney for review & instructions on the next step.
    • o President Bair gave an update on the Water Well project, it is near the end, need to finish the paperwork before the project actually begins. Test wells could happen by the end of 2017 depending on weather.
    • o Treasurer King reported a needed for a replacement on the Water Review Committee. Best would be a business person, building owner or business owner.

    Aye: Bass, Evans, Johnson, McPherson, Ronning, Bair

    Nay: None

    Absent: None

    Streets, Trees, Signs, Lights, Sidewalks:


    Buildings, Grounds & Equipment:

    • o Revenue Share announcement December 11, 2017 for additional money for the plow truck.
    • o No money has been received from USDA at this time on the DPW building.


    CABA: No report.

    BLIGHT: Blight Officer report on file in the November Minutes folder. Report on posted properties, meeting with Manistee County Magistrate and future plans to continue with.

    Planning Commission: Chairperson Barb Farfsing emailed a report on Planning Commissions October meeting, read by clerk. Report on file in November minute folder.

    We are continuing to review the traditional zoning ordinances, form based codes and a new one, smart codes. We want to make sure the codes used will be the right fit for Bear Lake into the future and master plan. This can be a combination of codes.

    Manistee County Trail Committee Report: McPherson reported no meeting. McPherson stated next meeting is December 11, 2017.

    Bear Lake Improvement Board: McPherson report no meeting. Next meeting will be December 14, 2017 at 7pm at Bear Lake Township.

    Two Lakes Sewer Collaborative: McPherson reported no meeting, it was cancelled. Next meeting is December 6, 2017.

    Ad Hoc – Policy, Resolution & Ordinance Committee – No report Looking for a volunteer student to help out with policy, ordinance & resolution books.


    Budget Schedule: Clerk reminded Committee heads to look at their current budget & potential items to include in 2018 budget.


    • • Maintenance employee compensation and title change. o After discussion and changes to last year’s compensations a Motion to change the title of Maintenance Supervisor to Maintenance/Water Manager and 2018 compensation with additions & corrections by Bass, seconded by Evans. Motion Carried.

    Aye: Bass, Evans, Johnson, McPherson, Ronning, Bair

    Nay: None

    Absent: None

    • • Earned Time Off Policy for full time employees – Tabled until December 2017 meeting
    • Motion to approve Bear Lake Township Water Service Franchise Ordinance by Ronning, seconded by McPherson. Motion Carried.

    Aye: Bass, Evans, Johnson, McPherson, Ronning, Bair

    Nay: None

    Absent: None

    • Motion to change the DPW Maintenance Building repayment account name to DPW Building Repayment & water project Land Purchase & increase budgeted amount to $42,200 by Ronning, seconded by McPherson. Motion Carried.

    Aye: Bass, Evans, Johnson, McPherson, Ronning, Bair

    Nay: None

    Absent: None

    • Motion to authorize purchase of land from Bear Lake School when available for the DPW Maintenance building and Water/Well project by McPherson, seconded by Bass. Motion Carried.

    Aye: Bass, Evans, Johnson, McPherson, Ronning, Bair

    Nay: None

    Absent: None

    • Motion to appoint Marla Evans as a third signer for Honor Bank by McPherson, seconded by Ronning. Motion Carried.

    Aye: Bass, Evans, Johnson, McPherson, Ronning, Bair

    Nay: None

    Absent: None

    Follow up on item from October monthly meeting.



    • • To add Commissioner’s Report to the monthly agenda


      Jaquish reported on:

      • • The large tree that the village decorates each year is on Dr. Harless’ property, Bear Lake Promoters pay for the light bulbs and Mark Thompson puts up the lights each year.
      • • “Sparkle in the Park”; requested park restrooms are open during Sparkle time and she would like the key to maint. Building for the breaker. Santa will arrive by firetruck in the park. Carriage rides are new. 20 private sites and 30 Sparkle sites.
      • • Larry Gibson is looking for new CERT Team members. Training class was held on October 20, 2017.


      • • There will be no Community dinner at Bear Lake United Methodist Church – Thursday 11/16. There will be a Thanksgiving Dinner on Thanksgiving Day.
      • • Sparkle in the Park starts the Saturday after Thanksgiving.

      Meeting adjourned at 9:09p.m.

      Respectfully Submitted,

      Cindi McPherson, Clerk


    • Water Fund 591-000-702 $1,053.50

      Park Fund 531-000-702 $1,085.50

      Major Fund 202-463-702 $53.00

      Minor Fund 203-463-702 $44.00

      TOTAL $2,236.00


      Water Fund 591-558-943 $288.76

      Major Fund 202-463-943 $83.86

      Minor Fund 203-463-943 $83.86

      TOTAL $456.48

    • Bills To Be Paid with addition November, 2017 Fund



      Account #



      OMS Compliance Services INC



      Drug Testing, Alcohol Testing

      The Pioneer Group



      Publish Ordinance 1 of 2017

      Pleasaanton Valley Greenhouse



      3 maple trees

      Mark Thompson Tree & Stump



      October brush pickup

      Young,, Graham, & Wendling PC



      Telephone Retainer – November 2017



    Bear Lake Ace Hardware



    McBride Septic Systems



    Miss Dig, #2 pumphouse, curb stop, off

    Mead & Hunt



    Eng.Tech, vehicle mileage, etc. OCT ’17

    Onekama Township



    Sewer Authority Exp through 8/31/17

    SOS Analytical



    Water testing materials

    Young, Grahm, Wendling



    USDA water project



    Bear Lake Ace Hardware



    Manistee Cty Visitors Bureau



    Visitor’s Guide Advertising




    Campground license fee

    Paradigm Electric



    Replace bad GFCI plugs

    West Coast Farm Services



    1/3 cost of tractor tires



    Bear Lake Ace Hardware



    Jeff Bair



    Tarp for dump box of Sterling (aka Pumpkin)

    West Coast Farm Services



    1/3 cost of tractor tires



    1/3 cost of tractor tires



    West Coast Farm Services



    1/3 cost of tractor tires



    1/3 cost of tractor tires


    Total Bills to be Paid



FOIA for Village Council documents

November 14, 2017

Under MI Freedom of Information Act (Public Act No. 442 of 1976 as amended)

We hereby submit this 6 month subscription request for the following documents. 

(refer to: )

  • To be received via electronic mail. 
  • In advance of all Village Council, Planning, Two Lakes Sewer Authority meetings.
  • a) Agendas
  • b) Draft Minutes within 8 business days ( as per OMA)
  • c) Approved Minutes within 5 business days of approval (as per OMA)
  • d) All finance documents referenced in those Minutes
  • e) All spreadsheets referenced in the Minutes when the FY Operating Budget has been amended
  • f) All Special or Public Meeting Notices in no less than the notice required by law.

Said documents are required to be produced for all Village Meetings and therefore do not meet the additional labor charge time period.

To attach said documents to an email has been timed at 90 seconds.

We look forward to the Village’s compliance with their stated intent of open and transparent government. Perhaps a simpler solution would be a link to where a full meeting packet may be located on the Village web site?

Bear Lake News Media Service.

November 14, 2017:

I have reviewed the FOIA from the Bear Lake News.  With the exception noted below, all of the requested public records must be provided in electronic format and in advance of all Village Council and village planning commission meetings.

    Regarding the requested financial records, account numbers from the village bank statements must be redacted.  The legal authority to redact the account numbers is MCL 15.243(1)(d), since those account numbers are protected under MCL 488.12.

    Concerning the request for public records from the Two Lakes Sewer Authority, that Authority is a separate public body, distinct from the village.  Therefore, any FOIA request for information from the Authority must be submitted directly to the Authority.

    Concerning FOIA fees, if the time needed to compile and/or scan the requested documents in electronic format, as requested, exceeds 15 minutes, then appropriate FOIA fees should be assessed.  If the time needed to compile and/or scan the requested documents takes less than 15 minutes, then no FOIA fees should be assessed.

Good morning Mr. Graham,

thank you for your prompt response.

As we know the requested documents are ‘saved as’ a .doc or .xls in advance of all Council Meetings, the time necessary to email as attachments is minimal.

We have noted in prior communications that our service is used by individuals who rely on assistive screen reading devices which is why we request documents in a Section 508 compatible format or as plain text readable.

Our reason for including the Two Lakes Sewer Authority is that the Village, and Village Trustee (and TLSA Board member) Greg McPherson is the Two Lakes Board Secretary and responsible for the Minutes. At the October Village Council Meeting, the Draft Village Minutes reflect a directive that each unit of government should post the relevant reporting documents and notices as the Authority itself has no physical location either bricks and mortar or on the web. Onekama Township has only been designated the fiscal agent.

Therefore we ask that the request for all Two Lakes Sewer Authority documents be reinstated as they are required to also be published by the Village of Bear Lake.


Bear Lake News Editor.


Under the FOIA the Authority is a separate public body, distinct from the Village.  To the extent that the Village is posting Authority information on the Village website, the Village is acting as an agent of the Authority.  In addition, the individuals you noted, while also being public officials of the Village, are acting as public officials of the Authority when they are dealing with Authority matters.  To the extent you desire Authority public records in a timely matter as required by the FOIA, you must submit a FOIA request directly to the Authority.

    However, in an effort to foster good community relations, I would ask Cindi, when and if she receives public records from the Authority, such as minutes (draft and approved), agendas, etc., that she forward those public records to you.  Please understand, however, that when forwarding these Authority public records to you, Cindi cannot be held to the time requirements under the FOIA or the OMA, since she has no control when, or if, she will receive those records from the Authority.

    If there are further questions concerning this matter, please let me know.


As Greg is Cindi’s husband, we are sure those draft documents and reports will be easily accessible. And as all notices for the Two Lakes Authority must contain a mailing address, telephone number and a contact person hopefully a fixed point of contact is now available?

And thank you too Ms. McPherson, we just received the Agendas for tonight’s (November 2017) 2 meetings. Can you please clarify the purpose of the first? It has been listed as a Public Meeting, a Public Information Meeting and a Public Hearing? Is this a discussion or an action meeting and for what desired outcome?

As the October Draft Minutes reference amendments to the FY2017-18 Budget when can we receive that .xls file please?

The Village’s renewed commitment to informing residents and property owners is commendable.

Bear Lake News Media Service