[nfbmi-talk] Fw: foia on oma and mcb (revised to include full payment mailing address)

Wed Jun 9 21:20:56 UTC 2010

----- Original Message ----- 
From: Farmer, Mel (DELEG) 
To: joe harcz Comcast 
Cc: Cannon, Patrick (DELEG) ; Haynes, Carla (DELEG) ; Luzenski, Sue (DELEG) 
Sent: Wednesday, June 09, 2010 4:37 PM
Subject: RE: foia on oma and mcb (revised to include full payment mailing address) 

This is a revised replacement, as the mailing address for the payment of processing costs was incomplete in the first response.

--------------------------------------------------------------------------------

From: joe harcz Comcast [mailto:joeharcz at comcast.net] 
Sent: Wednesday, June 09, 2010 4:11 PM
To: Farmer, Mel (DELEG)
Subject: Re: foia on oma and mcb (revised to include full payment mailing address) 

June 9, 2010

Sir,

Since this is a duplicate do I consider this a duplicate request for more money from me? In other words should I double the amount you request here for simply looking at a public officials in box?

Or several of them for that  Matter?

Or was this just an inadvertent duplication?

Sincerely,

Paul Joseph Harcz, Jr.

  ----- Original Message ----- 

  From: Farmer, Mel (DELEG) 

  To: joe harcz Comcast 

  Cc: Cannon, Patrick (DELEG) ; Haynes, Carla (DELEG) ; Luzenski, Sue (DELEG) 

  Sent: Wednesday, June 09, 2010 12:19 PM

  Subject: FW: foia on oma and mcb (revised to include full payment mailing address) 

  Mr. Paul Joseph Harcz:

  This notice is in follow up to my May 25, 2010 email to you regarding your email (attached), received May 18, 2010, requesting records under the state's Freedom of Information Act (FOIA), MCL 15.231 et seq., you describe as regarding the MCB Special Session Meeting of May 3, 2010; response from Barbara Schmidt referenced in circulated draft minutes; and memorandums of April 22, 2010 and December 8, 2008 from Barbara Schmidt to the MCB board.  

  As you were informed in my May 25, 2010 email, in order to determine the existence of any nonexempt records/information within the Department that might be responsive to your FOIA request, a search must be undertaken to retrieve, review, examine records contained in various sources, segregate any nonexempt from exempt material; and review, examine and segregate any other types of records described in the request.

  The Department is prepared to grant portions of your request for nonexempt records in it's possession. However, the Michigan Commission for the Blind has estimated 4.5 hours of labor time at $24.30/hour totaling $109.35 ($24.30 X 4.5) is the estimated cost to process this FOIA request. This calculation of $109.35 of estimated labor costs to process/comply with your request is based on the hourly wage/benefits of the Department's lowest paid employee (General Office Assistant 5) capable of retrieving the information/records necessary to comply with your request. Pursuant to MCL 15.234, Section 4(3) of the FOIA, the failure to charge for labor costs, in this particular instance, would result in unreasonably high costs to the Department because of the number of files that must be searched for, reviewed to separate/redact any exempt from nonexempt material; and the amount of time required to comply with this request.

  As indicated above, the estimated cost to process this request is $109.35. Upon payment $54.68 (50%), or the full amount,

  the Department will proceed with processing this request; inform you of the statutory basis for any disclosure exemptions claimed; and inform you of applicable FOIA remedial rights. Please send payment to:

      STATE OF MICHIGAN

      Department of Energy, Labor & Economic Growth

      Office Services Mailroom (MCB 36200/113343)

      7150 Harris Drive, P.O. Box 30015

      Lansing, MI 48909 

  I can be reached at (517)373-0194 regarding any questions about this matter.

------------------------------------------------------------------------------

  From: joe harcz Comcast [mailto:joeharcz at comcast.net] 
  Sent: Tuesday, May 18, 2010 7:29 PM
  To: Farmer, Mel (DELEG)
  Cc: Haynes, Carla (DELEG); president.nfb.mi at gmail.com; nfbmi-talk at nfbnet.org; Joe Sibley MCBVI Pres.; TOM MASSEAU MPAS; miadaptleaders at yahoogroups.com; Richard Clay; Cox, Mike (AG); Geri. Taecken; margwolf at usa.net; Jo Anne Pilarski; Dave Bulkowski; Jim Magyar AA CIL; Mike Zelley TDN; Craig.McManus at ed.gov
  Subject: foia on oma and mcb 

  May 18, 2010

  FOIA FOIA FOIA

  Paul Joseph Harcz, Jr.

  1365 E. Mt. Morris Rd.

  Mt. Morris, MI 48458

  E-mail: joeharcz at comcast.net

  Carla Haynes, Michigan Commission for the Blind, FOIA

  haynesc at michigan.gov

  Melvin Farmer, Department of Energy, Labor, and Economic Growth (DELEG) FOIa

  Dear Ms. Hanes and Mr. Farmer,

  I am writing you today to request under the Michigan Freedom of Information Act documents under that act that are not in the least privileged.

  They are the series of questions referenced in the recording of the MCB Special Session Meeting of May 3, 2010 sent by the board and Chair Pilarski to the Michigan Attorney General's Office (specifically to Barbara Schmidt at that office) relative to the role and responsibilities of the MCB Board and reasons for holding a closed session of MCB Board meetings including the very  one on May 3, 2010..

  Moreover, I am requesting the response from Ms. Schmidt referenced in the recording and draft minutes that was circulated to all commissioners except for new pending appointee John Scott.

  Moreover, in the recording Commissioner Margaret Wolf 

   In her motion to hold a close session specifically sited memoranda to the MCB Board of April 22, 2010 and December 8, 2008 from Barbara Schmidt to the MCB Board in these regards as well. So I'm requesting these correspondences.

  I am requesting the e-mails to and from these parties acting in their official capacity. They should not be difficult to locate for each and every one of them were indeed sent via e-mail to Patrick D. Cannon and are on his computer in the Victor Office Building. Moreover, they are undoubtably on Ms. Schmidt's computer as well as the computers of MCB Chair Pilarski, Michael Geno, Geraldine Taekins, and Margaret Wolf as all said they had these with their handouts at the meeting at issue and that was very clear on the recording.

  Since it will cost absolutely nothing to locate these documents and to send them to me via my e-mail listed above I expect no fee to conduct a search or any         stonewalling on this issue either.

  Sincerely,

  Paul Joseph Harcz, Jr.

  Cc: National Federation of the Blind of Michigan

  Cc: Advocates for the Blind

  Cc: Michigan Council of the Blind and Visually Impaired

  Cc: Michael Cox, Attorney General State of Michigan

  Cc: United States Department of Education, Rehabilitation Services Administration

  Cc: Michigan Protection and Advocacy Services

  Cc: Michigan Statewide Independent Living Council

  Cc: Michigan ADAPT

  Cc: Several Directors Centers for Independent Living

  Cc: Members Michigan Rehabilitation Council

  Cc: Several Attorneys At Law (Not working for the state of Michigan)