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

joe harcz Comcast joeharcz at comcast.net
Tue May 25 19:10:29 UTC 2010


----- Original Message ----- 
From: Farmer, Mel (DELEG) 
To: joe harcz Comcast 
Cc: Cannon, Patrick (DELEG) ; Haynes, Carla (DELEG) ; Luzenski, Sue (DELEG) 
Sent: Tuesday, May 25, 2010 2:01 PM
Subject: RE: foia response and additional foia request for info


Mr. Harcz, this is in response to your request (attached) under the Freedom of Information Act (FOIA), MCL 15.231 et seq., for copies of records regarding the Department's April 29, 2010 disclosure denial of your FOIA request for records related to the Rehabilitation Services Administration (RSA) preliminary monitoring report. You now request records you describe as:

  1.. ".any regulatory reference from the federal government in this regard." 
  2.. ".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."

 

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

 

As regards the denied portion of your request, pursuant to MCL 15.235, Section 5(4)(b) of the FOIA, the Department certifies that a written regulatory reference from the federal government in regards to the preliminary RSA monitoring report is not in existence or possessed by the Department. Thusly, this portion of your request is denied. You were informed by my May 12, 2010 email to you that MCL 15.243, Section 13(d) of the FOIA refers to the FOIA provision that exempts the disclosure of records specifically described and exempted from disclosure by statute. Also, you were informed that the FOIA is a state statute and that the Department denied disclosure based on RSA's instructions to not release their draft 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. Further, you were informed that MCL 15.243, Section 13(m) of the FOIA allowed the Department to exempt from disclosure communications between public bodies of an advisory nature that are preliminary to a final agency determination of policy or action. As indicated in several communications to you, the Department, upon receipt of the final RSA monitoring report, will make it available to the public.

 

As regards the granted portion of your request, please be informed that your request is granted as to existing, nonexempt  records in the Department's possession falling within the scope of your request. However, to comply with your request, the Department must search for, retrieve, review, examine records 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. Thusly, 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. The estimated labor costs to process/comply with this request is two hours at $24.30/hour, the hourly wage, including benefits of the Department's lowest paid employee capable of retrieving the information necessary to comply with the request (General Office Assistant 5) for an estimated cost of $48.60 ($24.30 X 2 =$48.60). 

 

As indicated, the estimated cost to process this request is $48.60. Upon payment the processing will be completed; and you will be emailed the requested records and informed of the statutory basis for any exemptions claimed and any applicable remedial rights. Please send payment of $48.60 to:

 

    STATE OF MICHIGAN

    Department of Energy, Labor & Economic Growth

    Office Services Mailroom (MCB 36200/11343)

    7150 Harris Drive, P.O. Box 30015

    Lansing, MI 48909

 

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

 

Sincerely,

Melvin Farmer, Jr.

Central FOIA Coordinator.

 

 


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

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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