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STATE OF MICHIGAN
COURT OF APPEALS


RONALD BACON, Plaintiff-Appellee, v THE LEONA GROUP, LLC, Defendant-Appellant, and WALTER FRENCH ACADEMY and WALTER FRENCH ACADEMY BOARD OF DIRECTORS, Defendants.

UNPUBLISHED August 4, 2000

No. 219900 Ingham Circuit Court LC No. 98-088568-CZ

Before: Fitzgerald, P.J., and Neff and Smolenski, JJ. PER CURIAM. Defendant The Leona Group, LLC (TLG) appeals by leave granted from the trial court's order granting plaintiff's motion to amend his complaint and for permissive joinder of TLG as a party defendant in this action under the Freedom of Information Act (FOIA), MCL 15.231 et seq.; MSA 4.1801(1) et seq. We affirm the court's decision permitting joinder. I Plaintiff, an employee of the Michigan Education Association, filed the instant action against defendants Walter French Academy ("the Academy"), a public school academy, and Walter French Academy Board of Directors following the denial of plaintiff's request for public documents pursuant to the FOIA. 1 Although the Academy is required to comply with the FOIA by law, MCL 380.503(6)(b);
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Plaintiff sought documents related to the Academy's contracts with its professional staff, including the terms and conditions of their employment, names and addresses, and retirement contributions to the Michigan Public School Employee Retirement System. Plaintiff's request was directed to the Academy
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MSA 15.4503(6)(b), plaintiff's request was denied on the basis that the Academy was not the repository of the requested documents, which were maintained by TLG, a private company, contracted to administer the Academy.2 By its own admission, TLG is an independent contractor "in the business of managing public school academies," managing academies in Michigan and Arizona."3 After the instant action was initiated, during discovery, plaintiff made a subsequent FOIA request to both the Academy and TLG. This request was denied, again on the basis that the requested documents were held by TLG, a private entity, which was not subject to the FOIA. Plaintiff then filed a motion to amend his complaint and for permissive joinder of TLG as a party defendant in the circuit court action. Plaintiff contended that the requested documents were public documents related to the exercise of a publicly paid governmental function (operation of a public school academy) and that one of the two entities, the Academy or TLG, should be required to provide the information. The trial court granted plaintiff's motion, concluding that a public body cannot so easily evade the FOIA. II We review a trial court's decision with regard to permissive joinder of a party, MCR 2.206(A), for abuse of discretion. Hofmann v Auto Club Ins Ass'n, 211 Mich App 55, 95, 97-98; 535 NW2d 529 (1995). See also Gervais v Annapolis Homes, Inc, 377 Mich 674, 679-680; 142 NW2d 7 (1966). An abuse of discretion exists when the court's decision is so violative of fact and logic as to constitute a perversity of will or a defiance of judgment. Messenger v Ingham County Prosecutor, 232 Mich App 633, 647; 591 NW2d 393 (1998). III Michigan's court rule for permissive joinder of parties, MCR 2.206, provides alternative tests for permissive joinder. Under MCR 2.206(A)(2): All persons may be joined in one action as defendants (a) if there is asserted against them jointly, severally, or in the alternative, a right to relief in respect of or arising out of the same transaction, occurrence, or series of

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administrator, Miriam Snyder, who responded by letter that she did not have possession of the documents, nor did she have the authority from the Board to respond to plaintiff's request, but that, as a courtesy, she had forwarded plaintiff's letter to a member of the Board. Further, she was "not even an employee of the academy."
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The Academy partially responded to the FOIA request by providing a copy of the contract between the Academy and Central Michigan University. According to the affidavit of the chief operating officer, TLG is a privately owned, for profit limited liability company, which manages sixteen public academies in Michigan, including Walter French Academy.

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transactions or occurrences and if a question of law or fact common to all of the defendants will arise in the action; or (b) if their presence in the action will promote the convenient administration of justice. MCR 2.206 is substantially the same as the former court rule, GRC 1963, 206, and "contemplates maximum flexibility in the joinder of parties." 1 Dean & Longhofer, Michigan Court Rules Practice (4th ed),

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