[nfbmi-talk] Fw: Requests for Records

[Fred Wurtzel]

Amazing!  What is it going to take to get the message across?

-----Original Message-----
From: nfbmi-talk-bounces at nfbnet.org [mailto:nfbmi-talk-bounces at nfbnet.org]
On Behalf Of joe harcz Comcast
Sent: Monday, November 01, 2010 7:09 PM
To: nfbmi-talk at nfbnet.org
Cc: John L Wodatch USDOJ; Duncan Wyeth DELEG ADA TII
Subject: [nfbmi-talk] Fw: Requests for Records


----- Original Message ----- 
From: joe harcz Comcast 
To: Farmer, Mel (DELEG) 
Sent: Monday, November 01, 2010 7:08 PM
Subject: Re: Requests for Records 


I didn't ask for pdf. I asked for accessable plain text or Word documents
which already exist in that format. Moreover, as these relate to public
meetings both the Rehab Act (section 504) and the ADA apply as all documents
must be made available related to such public meetings, free of charge and
in accessable format. That is precisely why I didn't use FOI"A, for these
federal civil rights laws trumop it sir.

Moreover, a public entity under Title II of the ADA cannot charge a
surcharge for making information accessable

I sent you the regs. You might wish to consult with the DELEG ADA coordintor
on this or the United States Department of Justice, Civil Rights Division,
Disability Rights Section.

As I've sent you the regulations you have been informed.

Sincerely,

Paul Joseph Harcz, Jr.
  ----- Original Message ----- 
  From: Farmer, Mel (DELEG) 
  To: joe harcz Comcast 
  Cc: Ceena Andrades ; Wyeth, Duncan (DELEG) ; Haynes, Carla (DELEG) ;
Jurus, Janet (DELEG) ; Zanger, Connie (DELEG) 
  Sent: Friday, October 01, 2010 11:35 AM
  Subject: Requests for Records 


   

   

  Mr. Harcz (joeharcz at comcast.net)

   

  This notice is in response to the attached emailed requests to Mr. Patrick
Cannon and Mr. Duncan Wyeth in the Michigan Department of Energy, Labor &
Economic Growth (Department) for copies of certain public records to be
converted to an accessible digital format and emailed to you at
joeharcz at comcast.net. You specifically request copies of the following
records:

  --Board correspondences referenced in the "Board Correspondence" segment
of the 

    Michigan Commission for the Blind (MCB) December 12, 2008 minutes.

  --Item referenced in the MCB June 20, 2008 MCB minutes regarding the
current action 

     plan 

  --All of the letters related and referenced in the "Public Comment"
segment of the MCB 

    June 20, 2010 minutes

  --ALJ summary referenced in the MCB April 17, 2008 minutes

   

  After a search for records, to the best of the Department's knowledge,
information, and 

  belief, the Department is in possession of records responsive to your
request. Thusly, 

  pursuant to state's Freedom of Information Act (FOIA), MCL 15.235, Section
5(2)(c), 

  your request is granted.

   

  The processing of your requests is extremely labor intensive and time
consuming due 

  to the number of files that must be searched for; examined, reviewed to
delete and 

  separate any exempt from nonexempt material; and converted to the
accessible digital 

  format you request. The failure to charge for labor costs in this
particular instance would 

  result in unreasonably high costs to the Department. Therefore, pursuant
to MCL 15.234, 

  Section 4(3) of the FOIA, the Department has assessed the following
estimated labor 

  costs to process your requests: 

   

  --Labor Costs per MCL 15. 234, Section 4(3) of the FOIA; Lowest paid
Department employee 

    capable of retrieving and examining records necessary to respond to your
request is a General 

    Office Assistant 5 at $24.30/hr (wages/benefits) X 3 hours totals
$72.90. Please note that the 

    $72.90 labor costs do not include the labor time of several MCB
employees involved in the 

    search for and converting the records to an accessible digital format;
the labor time of the 

    Department's Central FOIA Coordinator's; or supply and postage costs for
requested pdfs.

   

  Please send payment of $72.90 to:

      STATE OF MICHIGAN

      Department of Energy, Labor & Economic Growth

      Office Services Mailroom 

      7150 Harris Drive, P.O. Box 30015

      Lansing, MI 48909

   

  Upon payment of the $72.90, the Department will complete the processing of
your requests and

  digitally forward and mail pdfs of nonexempt public records responsive to
your requests; notify 

  you of any balance due from or owed you; the statutory basis for any
exemptions claimed; and 

  any applicable remedial rights. 

   

   

   

   
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