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

Elizabeth lizmohnke at hotmail.com
Fri Apr 30 00:42:59 UTC 2010

This does not sound any different than the responce Larry received regarding the exact same report. Perhaps we should just wait until they issue the final report.


> From: joeharcz at comcast.net
> To: nfbmi-talk at nfbnet.org
> Date: Thu, 29 Apr 2010 17:04:55 -0400
> Subject: [nfbmi-talk] Fw: Freedomof Information Act Request/RSA Monitoring Report
> 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
> Administration
> (RSA) draft monitoring report is considered a work-in-process and to
> be
> 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
> currently
> received from the federal monitoring agency are communications and
> notes
> within or between public bodies of an advisory nature to the extent
> that
> they cover other than purely factual materials and are preliminary to
> final agency determinations of policy or actions. The disclosure of
> such
> information/records prior to final determinations would not be in the
> public interest in encouraging frank communications between officials
> and
> 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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