City rejects FOIA request; claims no emails found

Letter sent to city manager requesting return to work

 

IMLAY CITY — The on-going saga of what has transpired between city hall and Police Chief Brett Selby continues, heading in to the New Year.

Three topics to report: A FOIA request, the denial and a letter from Chief Selby requesting a return to work.

FOIA

The Tri-City Times filed a Freedom Of Information Act letter with the City in early December, requesting any and all emails between City Manager Craig Horton, Mayor Barbara Yockey and Police Chief Brett Selby.

A 14-day extension was filed by the City, after the original notification.

Denial

Late last week, in an email from City Clerk/Treasurer Dawn Sawicki-Franz, the city denied the FOIA request, claiming there are no emails.

They refused to comply with the request for one of the days of the time frame listed in the FOIA, not giving any emails for November 21.

In the letter of denial, Sawicki-Franz wrote there is “an on-going investigation by the Michigan State Police” that prohibited release of that information.

However, the Tri-City Times learned from multiple sources the investigation has, in fact, been completed by MSP and been turned over to the Lapeer County Prosecutor’s office for review.

Request to return

According to more than one source who requested anonymity, a letter was sent “within the first two weeks of December” sent by Chief Selby to Horton, requesting a return to his position as Chief.

Additionally, the Tri-City Times sent two emails within a 10-day period to Horton asking if Chief Selby had sent a letter requesting to come back to work the first part of January. There were no responses to the email that was also cc’d to Mayor Barbara Yockey.

Below is the FOIA denial letter from the City Clerk, in it’s entirety. The Clerk
also serves as FOIA Coordinator:

December 23, 2025
David Fredrick, Editor
Tri-City Times
594 N. Almont Ave.
PO Box 278
Imlay City, MI 48444
Re: December 8. 2025 Freedom of Information Act Request

Dear Mr. Fredrick:
This correspondence will reconfirm receipt of your December 8, 2025 Freedom of Information Act request. Specifically, you are requesting an opportunity to inspect or obtain copies of the following emails:

“Any and ALL emails between [City Manager Craig Horton], Mayor Barbara Yockey and Police Chief Brett Selby between the dates of November 1, 2025 thru December 5, 2025.”

After careful review of all emails between [City Manager Craig Horton], Mayor Barbara Yockey and Police Chief Brett Selby between the dates of November 1, 2025 thru December 5, 2025, no emails exist with the exception one public record dated November 21, 2025. Pursuant to MCL 15.235(2)(c) your request is denied for the reasons set forth
below.

The public record dated November 21, 2025 that falls within the scope of your request is denied pursuant to MCL 15.243(1)(b)(i). There is currently pending an investigation by the Michigan State Police relating to an event that occurred on July 26, 2025 involving the City of Imlay City Police Department and various police personnel. The public record dated November 21, 2025 has been provided to the Michigan State Police as part of the law enforcement investigation.

The Michigan State Police investigation is, upon information and belief, ongoing and the release of the requested document would interfere with those law enforcement proceedings.

The investigation may be compromised by the release of the requested information. Further, the City has been informed by the Michigan State Police that the investigation as well as any recommendations are in the process of being submitted to the Lapeer County Prosecutor’s Office for review.

In accordance with MCL 15.235(5), you are hereby notified that you may submit a written appeal of those portions of your request that have been denied to the City of Imlay City Commission. The written appeal should contain the word “appeal” and identify the reason or reasons you seek for reversal of this denial. You may also seek judicial review of your denial pursuant to MCL 15.240.

In the event you seek judicial review, you may have the right to receive attorneys’ fees and damages if, after judicial review, the court determines that the City of Imlay City has not complied with the Act and orders disclosure of all or a portion of the public records requested.

Very truly yours,
Dawn Sawicki-Franz City of Imlay City Clerk