[nfbmi-talk] Fw: FOIA Requests

[joe harcz Comcast]

----- Original Message ----- 
From: joe harcz Comcast 
To: Farmer, Mel (DELEG) 
Sent: Tuesday, June 22, 2010 5:24 PM
Subject: Re: FOIA Requests


All you have to do is look in Patrick Cannon's "out" box and "in" box. I'll volunteer my time and effort to do just that. Thanks for the open government. I'll do it for free and save the state all sorts of money and time. I mean I've heard that Director Cannon actually has screen reading technology for the blind so this blind guy can handle it.

By the way all these correspondences are between public officials on of all things the Freedom of Information Act requests and thus there is nothing to be redacted or exempt.

Nothing. Nada. Nothing.

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: Tuesday, June 22, 2010 4:43 PM
  Subject: FW: FOIA Requests


  Date:      June 22, 2010

  To:         Mr. Paul Joseph Harcz, Jr. (joeharcz at comcast.net)

  From:     Melvin Farmer, Jr., Central FOIA Coordinator

  Subject: Freedom of Information Act Request; Patrick D. Cannon/MCB E-Mails

   

  Mr. Harcz, this notice is in response to your request under the Freedom of Information Act (FOIA), MCL 15.231 et seq., for records you describe as ".all emails relative to this request sent to or by MCB Director Patrick D. Cannon to:

  -any member of the MCB Board

  -any member of the staff of MCB or DELEG

  -any personnel of the Michigan Attorney General's office

  -any member of the staff of the Michigan Civil Service Commission"

   

  You also requested a waiver of costs to process this FOIA request.

   

  Please be informed that, pursuant to MCL 15.235, Section 5(2)(c) of the FOIA, your request has been partially granted and partially denied.

   

  As regards the granted portion of your request, please be informed that your request is granted as to existing, nonexempt email records in the Department's possession falling within the scope of the request. However, the Department must retrieve, review, examine files contained in various sources, segregate nonexempt from exempt material (if any), and review, examine and segregate any other types of records described in the request. Pursuant to MCL 15.234 of the FOIA, the Department has estimated the cost to process this particular request as $534.60. This estimate is based on the most economical means available to process the request. The hourly wage of the Department's lowest paid employee capable of complying with the request, General Office Assistant 5 at $24.30/hr, including benefits. Thusly the estimated labor costs to search for, retrieve, examine, separate and delete exempt from nonexempt material is calculated at 22 hours X $24.30 totals $534.60. 

        

  As regard the denied portion of your request, 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 exempt from nonexempt material, and the amount of material that must be produced. Therefore, we must deny your request to waive costs related to processing this request.

   

  As indicated, the estimated cost to process this particular request is $534.60, of which (if more one-half (50%) deposit of $267.30, or the full amount, is required (see attached) Freedom of Information Act invoice). Upon payment of the deposit, or the full amount, the processing of this request will be completed. You will be notified, in writing, of any balance due the Department or owed to you; the statutory basis for any claimed exemptions; and any applicable remedial rights. Copies of nonexempt records will be forwarded to you upon receipt of any balance due to the Department.

   

  Under the FOIA, MCL 15.240, you may submit 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, MI 48909. Your appeal must include the word "appeal" and state the reason(s) for reversal of the denial(s). You may also seek judicial review in circuit court within 180 days after the Department's final determination. If you prevail in such action, the court shall award reasonable attorney fees, costs, and disbursements. If the court finds the Department's action(s) to be arbitrary and capricious, the court shall, in addition to any actual or compensatory damages, award punitive damages in the amount of $500.00.

   

  Attachment