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Welcome to your daily briefing on government developments in Michigan. Today we're covering 4 key stories including updates on michigan government headlines, background & context. Let's dive in.
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3 stories
Less-restricted federal employees may engage in partisan political activity off-duty — but never on-duty, never in the workplace, never using government property, and never while wearing identifying agency clothing. Social media posts from a personal device while on duty count as on-duty activity.
Hatch Act violations carry penalties from reprimand to removal. Career employees with strong records have been removed for posts that took 30 seconds to write at lunch.
Most agencies have records-retention schedules that prescribe minimum and maximum hold periods for each record series. Discarding too early (below minimum) violates state records law; holding too long (above maximum) creates discovery exposure and storage cost. Both errors are routine.
Records litigation typically lands between the minimum and maximum boundaries — the gray zone where the schedule could go either way. A consistently followed schedule is the best defense against claims of selective retention.
Federal FOIA fee waivers must be granted when disclosure is "in the public interest" and not primarily commercial. The four-factor analysis (subject matter, informative value, contribution to public understanding, requester's commercial interest) is well-established but routinely misapplied by agencies as discretionary when it is mandatory if the factors are met.
A properly framed waiver request that addresses each factor explicitly is hard for an agency to deny without creating an appellate record. Most denials lose on appeal when the requester points to the framework.
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