[nfbmi-talk] Fw: FOIA Requests

[joe harcz Comcast]

----- Original Message ----- 
From: Farmer, Mel (DELEG) 
To: joe harcz Comcast 
Cc: Cannon, Patrick (DELEG) ; Haynes, Carla (DELEG) ; Heibeck, Cheryl (DELEG) ; Luzenski, Sue (DELEG) ; Martin, Carrie (DELEG) ; Burdgick, Julia (DTMB) 
Sent: Monday, May 03, 2010 8:50 AM
Subject: RE: FOIA Requests


Mr. Harcz, the estimated 18 hours of labor cost is calculated on the time the Michigan Commission for the Blind staff has determined as necessary to search, examine, review, and delete and separate exempt from nonexempt information pursuant to MCL 15. 234, Section 4(3) of the FOIA. The actual time will not be fully known until the search process is completed, which will not start until the Department receives 50% of the estimated cost of $437.40 ($218.70). As stated in the Department's April 30, 2010 response, if the final amount, based on actual labor time, is less than originally estimated, you will only be assessed any balance the deposit  did not cover; or if the estimated amount is higher than actual processing cost, you will be refunded any balance due to you. As also mentioned, in this instance, failure to charge this fee could result in unreasonably high costs to the Department.

 

Please be also informed that the Department's estimate is based on the most economical means available and the hourly wage  of the lowest paid Department employee capable of retrieving the information requested, a General Office Assistant 5 at $24.30, including benefits.

 


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From: joe harcz Comcast [mailto:joeharcz at comcast.net] 
Sent: Friday, April 30, 2010 1:09 PM
To: Farmer, Mel (DELEG)
Subject: Re: FOIA Requests

 

Sir, this isn't difficult those documents are in Mr. Patrick Cannon's office on the Second Floor of the Victor Office building. Moreover, his computer "talks" being equipped with screen reading software as I am using right now in this correspondence to you.

 

Now we haven't used a whole lot of state time at any level on this have we?

 

Sincerely,

 

Paul Joseph Harcz, Jr.

 

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

  From: Farmer, Mel (DELEG) 

  To: joeharcz at comcast.net 

  Cc: Cannon, Patrick (DELEG) ; Haynes, Carla (DELEG) ; Heibeck, Cheryl (DELEG) ; Luzenski, Sue (DELEG) ; Martin, Carrie (DELEG) ; Burdgick, Julia (DTMB) 

  Sent: Friday, April 30, 2010 12:35 PM

  Subject: FW: FOIA Requests

   

   

   

  Date:      April 30, 2010

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

  From:     Melvin Farmer, Jr., Central FOIA Coordinator

  Subject: Freedom of Information Act Request-Emails Between Patrick Cannon & Jo Anne Pillarski

   

  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 email correspondences sent to and received by Patrick Cannon, Director, Michigan Commission for the Blind and Jo Anne Pilarski, Chair, Michigan Commission for the Blind between the periods of September 1, 2009 through April 8, 2010.in digital form." 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 requests have 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 $437.40. This estimate is based on the most economical means available to process the request; and 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 as follows:

         --Labor costs to search for, retrieve, examine, separate and delete exempt from 

           nonexempt material, 18 hours X $24.30 = $437.40. 

        

  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 have denied this portion of your request.

   

  As indicated, the estimated cost to process this particular request is $437.40, of which (if more one-half (50%) deposit of $218.70, 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.

   

  Sincerely,

   

  Melvin Farmer, Jr.

  DELEG Central FOIA Coordinator