A motion to reconsider has been filed in a Livingston County FOIA case, asking the Court of Appeals to rethink a decision that concluded personal e-mails exchanged between government officials are not subject to disclosure.

The ruling, which placed sweeping new limits on the state's Freedom of Information Act, stems from a case out of Livingston County Circuit Court involving the Howell Education Association, the Howell Board of Education and Howell Public Schools.

In his motion, Chetly Zarko argues that the court improperly considered oral testimony regarding interception of wireless communications that was not relevant to the facts of the case, and further argues that the e-mail was not personal because it was sent among union members during the work day amid the course of collective bargaining with the school district.

The full text of the motion is online. If the motion fails, the case is expected to go to the Michigan Supreme Court.

Edward Vielmetti writes the FOIA Friday column for AnnArbor.com