[nfbmi-talk] Fw: Freedomof Information Act Request/RSA Monitoring Report

joe harcz Comcast joeharcz at comcast.net
Thu Apr 29 21:04:55 UTC 2010

This report will impact the blind in Michigan too...
----- Original Message ----- 
From: "Farmer, Mel (DELEG)" <farmerm at michigan.gov>
To: <joeharcz at comcast.net>
Cc: "Shamsiddeen, Jaye (DELEG)" <ShamsiddeenJ at michigan.gov>; "Wiese, Deb 
(DELEG)" <wiesed at michigan.gov>; "Moore, Gerry (DELEG)" 
<MooreG4 at michigan.gov>; "Cannon, Patrick (DELEG)" <cannonp at michigan.gov>; 
"Haynes, Carla (DELEG)" <haynesc at michigan.gov>
Sent: Thursday, April 29, 2010 4:52 PM
Subject: FW: Freedomof Information Act Request/RSA Monitoring Report

Mr. Harcz, this notice is in response to your April 26, 2010 email
requesting copies of public records under the Freedom of Information Act
(FOIA, MCL 15.231, et seq., you describe as:

"...the RSA "monitoring report referenced in the September 18, 2009
Michigan Rehabilitation Council meeting minutes..." and "...for MRS
'rebuttal or its
response to RSA"

Please be informed that pursuant to the following FOIA provisions, your
requests have been denied:
1. MCL 15.243, Section 13(1)(d)--The Rehabilitation Services
  (RSA) draft monitoring report is considered a work-in-process and to
  used for discussion purposes between the public bodies. As such, it is
  subject to modifications, additions, or deletions prior to the
issuance of
  the final, official federal report. Further, the RSA has instructed
  affected Department agencies to not to disclose their draft report or
  related information to any parties not involved in their monitoring
  activities. Thusly, the requested report is a record or information
  specifically described and exempted from disclosure by statute.

2. MCL 15.243, Section 13(1)(m)--The documents and or information
   received from the federal monitoring agency are communications and
   within or between public bodies of an advisory nature to the extent
   they cover other than purely factual materials and are preliminary to

   final agency determinations of policy or actions. The disclosure of
   information/records prior to final determinations would not be in the
   public interest in encouraging frank communications between officials
   employees of public bodies; and, thusly, exempted from disclosure.

Under the FOIA (MCL 15.240), you may submit a written appeal regarding
the denial of any portion of your FOIA request to Mr. Stanley Pruss,
Director, Michigan Department of Energy, Labor & Economic Growth,
Attention: Mario Morrow, Ottawa Building-4th Floor, P.O. Box 30004,
Lansing, Michigan 48909. Your appeal must include the word "appeal" and
identify the reason(s) for reversal of the denial(s). You may also seek
judicial review in circuit court within 180 days after the final
determination. If you prevail, the court may award reasonable attorney
fees, costs, and disbursements. If the court finds the Department's
actions to be arbitrary and capricious, the court shall award, in
addition to any actual or compensatory damages, punitive damages in the
amount of $500.00.

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