[nfbmi-talk] Fw: foia response and additional foia request for info

joe harcz Comcast joeharcz at comcast.net
Wed May 12 21:46:26 UTC 2010


----- Original Message ----- 
From: joe harcz Comcast 
To: Farmer, Mel (DELEG) 
Sent: Wednesday, May 12, 2010 5:44 PM
Subject: Re: foia response and additional foia request for info


Sir,

What I specifically requested was the RSA directive that you reference once again here. In fact stakeholders were supposed to be part of the process and not excluded from it as you suggest. And again you fail to specifically cite the RSA directive or any statutory claim (in this case federal).

Moreover, it is in the public interest to understand the workings of government in this situation and that includes assurances that waste, fraud and abuse are not occurring.

Literally millions of both state and federal dollars critical for the vocational rehabilitation of Michiganians with disabilities are at stake here.

In fact the stakes couldn't be higher.

These monitoring reports and rebuttals have significant impact on taxpayers and beneficiaries alike.

Sincerely,

Paul Joseph Harcz, Jr.
  ----- Original Message ----- 
  From: Farmer, Mel (DELEG) 
  To: joe harcz Comcast 
  Cc: Cannon, Patrick (DELEG) ; Shamsiddeen, Jaye (DELEG) ; Haynes, Carla (DELEG) ; Wiese, Deb (DELEG) 
  Sent: Wednesday, May 12, 2010 5:23 PM
  Subject: RE: foia response and additional foia request for info


  For your clarification, MCL 15.235, Section 5(2) of the FOIA provides that a public body shall respond to a request within 5 business days after the public body receives the request by doing 1 of the following:

  (a)     Granting the request.

  (b)    Issuing a written notice to requesting person denying the request.

  (c)     Granting the request in part and issuing a written notice to the requesting person denying

  the request in part.

  (d)    Issuing a notice extending for not more than 10 business days the period during which

        the public body shall respond to the request.

   

  Thusly, a public body choosing response option 5(2)(d) does not require the permission of the requester to extend the response period of a FOIA request.

   

  As regards the Department's April 29, 2010 disclosure denial of your April 26, 2010 FOIA request for the RSA "monitoring report", the Departments disclosure denial is based on 2 factors of which either one is sufficient to deny your request under the FOIA. However, in the spirit of cooperation regarding your question about "a statute from the federal government", please note that the Department's response stated, in part, the following:

   " 1. MCL 15.243, Section 13(1)(d).Further, the RSA has instructed affected Department 

     agencies to not 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." 

   

  As noted in the above, MCL 15.243, Section 13(1)(d) refers to the state FOIA provision that exempts the disclosure of records specifically described and exempted from disclosure by statute. As you are aware, the FOIA is a state statute and the Department denied disclosure of the requested draft report based on:

  --RSA's specific instructions to Department staff not to release the RSA draft monitoring report to 

    any third party as it is considered a work-in-progress subject to modifications, additions, or 

    deletions prior to a final report issuance.

  --MCL 15.243, Section 13(1)(d) of the state's FOIA

  --MCL 15.243, Section 13(1)(m) of the state's FOIA.

   


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

  From: joe harcz Comcast [mailto:joeharcz at comcast.net] 
  Sent: Wednesday, May 12, 2010 3:41 PM
  To: Farmer, Mel (DELEG)
  Subject: Re: foia response and additional foia request for info

   

  May 12, 2010

   

  Dear Mr. Farmer,

   

  In your FOIA denial referenced herein your office cited directly that there was a statute from the federal government that would not allow DELEG to remit the requested RSA monitoring reports and responses. I quoted that reasoning here and simply asked you for the citation. Do you not think it absurd on its very face to ask me for an extension for simply requesting a statutory reference here? Of course, this goes to stonewalling and simply making things up. The reason you or your office cannot find such a citation is that it does not exist. With all due respect you nor DELEG should be allowed to make these things up.

   

  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, May 12, 2010 9:20 AM

    Subject: RE: foia response and additional foia request for info

     

    This notice is in response to your request for copies of records under the state's Freedom of Information Act (FOIA), MCL 15.231 et seq., you describe in your May 5, 2010 email, as attached. Please be informed that in order to determine the existence of any nonexempt information within the Department that might be responsive to your request, a search must undertaken. For this reason it is necessary to extend the time for response, as permitted by MCL 15.235, Section 5(2)(d) of the FOIA, through May 26, 2010, or sooner.

     


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

    From: joe harcz Comcast [mailto:joeharcz at comcast.net] 
    Sent: Wednesday, May 05, 2010 10:40 AM
    To: Farmer, Mel (DELEG)
    Cc: president.nfb.mi at gmail.com; Craig.McManus at ed.gov; Cox, Mike (AG); TOM MASSEAU MPAS; Joe Sibley MCBVI Pres.; Mike Zelley TDN; Jim Magyar AA CIL; Dave Bulkowski; Michael Harris; miadaptleaders at yahoogroups.com; Susan Fitzmaurice; Jo Anne Pilarski; Geri. Taecken; margwolfe at usa.net
    Subject: foia response and additional foia request for info

     

    FOIA Official Response to Denial in Part and Additional FOIA Request

     

    May 5, 2010

     

    Paul Joseph Harcz, Jr.

    1365 E. Mt. Morris Rd.

    Mt. Morris, MI  48458

    E-mail: joeharcz at comcast.net

     

    Melvin Farmer, FOIA Director, DELEG

    farmerc at michigan.gov

     

     

     

    Dear Mr. Farmer,

     

    In your April 29, 2010 denial of my Michigan Freedom of Information Act request for the Rehabilitation Services Administration (RSA) preliminary review and rebuttal related to the Michigan Rehabilitation Services (MRS) you said in part, for your denial:

     

     

    ""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.""

     

    Now, sir I wish to have the exact citation in statute that you allude to here. Moreover, I wish to see any regulatory reference from the federal government in this regard. 

     

    In addition I am requesting under the Michigan Freedom of Information Act any correspondence from Patrick Cannon, Director of the Michigan Commission for the Blind advising your office on this request or the similar request made for the Michigan Commission for the Blind RSA monitoring information made by Larry Posont, President of the Michigan affiliate of the National Federation of the Blind.

     

    Precisely I am requesting any e-mails sent to you or any FOIA related personnel at the Michigan Department of Energy, Labor, and Economic Growth by Cannon on these matters. It should not be difficult for you to find this information as it is quite likely on your very computer. Certainly it is on Mr. Patrick D. Cannon's computer which is located on the Second Floor of the Victor Office Building in Lansing Michigan.

     

    Another place to look is on the computers of Ms. Susan Luzinski, Ms. Carla Haynes, and Mr. Mario Morrow.

     

    I also think Mr. Andy Levin and Mr. "Skip" Prusse might have received some correspondences related to this release of information from Mr. Cannon.

     

    Again it cost nothing to send these documents as text file attachments to my e-mail address listed above and I will circulate this information in the public interest to stakeholders in the disability community.

     

    Moreover, I will inform RSA and the Michigan Attorney General's office of this request.

     

    Sincerely,

     

    Paul Joseph Harcz, Jr.

     

    Cc: Michael Cox, Attorney General State of Michigan

    Cc: Craig McManus, RSA Monitoring Liaison to MCB and MRS

    Cc: Tom Masseau, Chair Michigan SILC

    Cc: Larry Posont President NFB MI

    Cc: Joe Sibley, President, MCBVI

    Cc: several Centers for Independent Living

    Cc: Michigan ADAPT

    Cc: Paralyzed Veterans of Michigan

    Cc: Several Members of the MCB Board and MRC

     

     



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