Freedom of Information request for Standards of Review Worksheets

Resident Dave Decker has submitted a FOIA request regarding documents used at the July 21 City Commission meeting. We are sharing this as a matter of public record.

Background

The July 21 CC Agenda states: “A PUD Evaluation worksheet with the standards of review is provided for all City Commissioners to complete and submit to the City after tonight’s meeting. This is being requested to formulate a findings of fact for the concept plan.

During the meeting, worksheets were handed out and the deputy city manager led the group standard by standard through the worksheet.  Later, the mayor asked commissioners to report the results of their  worksheets  to determine if the commission had come to consensus on the standards. After polling each commissioner, the mayor declared that the commission had come to a consensus that all standards were met.

Following the meeting, resident David Decker submitted a Freedom of Information Act Request asking to see the completed worksheets.

His  FOIA request was denied by the city. Decker appealed that decision to Mayor Favale  who denied his appeal. Her denial of the appeal and a response to her denial are below. 

Mayor’s Denial:

On Wed, Aug 13, 2025 at 5:47 PM Katie Favale <kfavale@eastgrmi.gov> wrote:

Mr. Decker,

Thank you for your inquiry regarding your appeal of your FOIA request denial.

The Standards of Review worksheets were completely optional and intended solely as a personal guide for commissioners. As stated during the meeting, there was no requirement to use or submit them.

None of the commissioners turned in their worksheets; therefore, the city does not have possession of them, and as such, they are not subject to FOIA. Additionally, because their use was entirely voluntary, the requested forms may not even exist. For these reasons, your appeal is denied.

Abbie Groff-Blaszak did submit personal notes related to this matter, though not the worksheet you requested. If you wish to pursue obtaining those notes, please contact our City Clerk, copied on this email, to discuss next steps.

Best,

Katie

Katie Favale

Mayor of East Grand Rapids

616.949.2110 x887

Decker’s response to the mayor:

Date: August 14, 2025 at 3:56:04 PM EDT

Subject: Re: FOIA Request for Completed Standards Sheets

Mayor Favale,

Thanks for your response. Am a bit perplexed that you mention "As stated during the meeting, there was no requirement to use or submit them." 

And then you state: "Additionally, because their use was entirely voluntary, the requested forms may not even exist." 

Page 3 of the Agenda for July 21, which is Mr. Charles July 16 Memorandum to you and the commissioners states: "At the July 21st meeting, staff will provide a summary of the minor concept plan changes to Building E. After this overview, the City Commission will then review the standards of approval and complete the Standards of Review worksheet."

That is very specific. Can you please square your email to me, with Mr. Charles' July 16 memo? "No requirement to use or submit", yet "the City Commission will review and complete."

In addition, there were specific references to the Standards of Review Worksheet, both by you, Mr. Charles, and Mr. Burdick, as noted in the transcript below, during the meeting. There is little doubt that they existed during the July 21 meeting. Mr. Burdick, in his exchange with Mr. Charles, was quite specific. "I'll send them for record". Mr. Charles responded " If you would like to share them I'll absolutely accept them and incorporate them in the record. " 

Mayor Favale, where is the transparency? Where is the close relationship between the city and the citizens? What are you trying to hide? You and the commissioners clearly documented your thoughts.  Your words from the July 21 meeting are very public. And not easy or convenient for EGR residents to access. Why not provide your supporting documentation, so the residents and voters can clearly understand what you support, and why? 

Thank you,

David Decker

Transcript from meeting:

Favale

Okay. So, I think we can just um if everybody's been filling out their

2:23:12

worksheet um that you were handed at the beginning of the meeting, we can just kind of go down the row and just briefly

2:23:19

state whether or not you feel the standards have been met. And I can I'll start with Ward one. Commissioner Skaggs

2:23:25

Skaggs

if you're ready. Sure. Absolutely. I feel that standards A, B, and E have not been met. Um I

2:23:35

think especially on standard A discussing the phasing proposal if we anticipate that there will be phasing

2:23:42

and the developer has not presented that conceptually to us at this point in time

2:23:47

when it it is supposed to be presented. Um, I'm very uncomfortable with that. Um, I

2:23:54

also, you know, as we dug into the language in the ordinance and the

2:24:00

resolution noticed, um, some of the language around housing, discussed a

2:24:06

variety of housing. I didn't feel clear on whether that's Wait, are we having that conversation yet? Okay, go ahead.

2:24:13

Are you um talking about the resolution? Are are you speaking specifically the resolution and the

2:24:19

ordinance? Are you speaking to I'm speaking to I suppose like they might be melded and if that's

2:24:24

inappropriate then stop me. Um for right now just trying to adjust the just generally the standards and whether

2:24:30

or not you feel like well then I will stick to phasing and if we make it to the other conversation I will come back to that. Um, in standard

2:24:39

B, um, I wrote down that, uh, the

2:24:44

parking lots and the walkability did not feel consistent with the master plan in my estimation. Um, and then an E, uh,

2:24:54

that I did not believe met the standard, the maze of parking lots to me is also a

2:25:00

detriment to health and safety. 

Favale

Okay, Commissioner Berdick. 

2:25:06

Burdick

Um, I do think that this meets all uh all A, B, C,

2:25:13

D, E, and F. I can um I wrote down notes for all these if you want me to read out all my notes or I can send them to the

2:25:20

city manager for public record. 

Charles

Whatever whatever you prefer. If u obviously um

2:25:27

he's being homosy obviously um if um you'd like to share that um absolutely

2:25:33

um accept that and incorporate it in the record. 

Burdick

Um so I'll send them for record and I can make

2:25:38

a quick statement kind of overall. Um I'm kind of on the same page as what um and like to echo what Commissioner

2:25:45

Wesley had said where I believe that this is the start of a process. Um I want to get this started. I want to I

2:25:51

want to get a get further down the road on this so that we can continue getting more um more studies. I'm comfortable u

2:25:58

moving this forward because of uh of what our consultants have told us, what our staff has told us regarding a lot of

2:26:04

these. Um and I expand on those in in the notes I I've written here that like I said I'll I'll I'll email over for for

2:26:10

public record. 

Favale

Thank you,