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

[joe harcz Comcast]

You're catching on. They are hiding information from the public and 
stakeholders. It's only millions of taxpayer dollars at issue here ... And 
its only the survival of critical programs at stake here as well Elizabeth.

Including stakeholders and interest/advocy groups in the equation is 
required by law here. Yet, they don't even inform, let alone INCLUDE people 
with disabilities and organizations, like NFB for example in the process. 
This is the point and a very fundamental point.

Respectfully,

Joe
----- Original Message ----- 
From: "Elizabeth" <lizmohnke at hotmail.com>
To: <nfbmi-talk at nfbnet.org>
Sent: Thursday, April 29, 2010 8:42 PM
Subject: Re: [nfbmi-talk] Fw: Freedomof Information Act Request/RSA 
Monitoring Report


>
> 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.
>
>
>
> Elizabeth
>
>> 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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>
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