[nfbmi-talk] Fw: Status of Joseph Harcz FOIA Requests

[joe harcz Comcast]

----- Original Message ----- 
From: Farmer, Mel (DELEG) 
To: joe harcz Comcast 
Cc: Cannon, Patrick (DELEG) ; Wyeth, Duncan (DELEG) ; Haynes, Carla (DELEG) ; Jurus, Janet (DELEG) 
Sent: Friday, September 17, 2010 1:29 PM
Subject: FW: Status of Joseph Harcz FOIA Requests


 

September 17, 2010

 

Mr. Paul Joseph Harcz, Jr.

1365 E. Mt. Morris Rd.

Mt. Morris, MI 48458

 

RE: Request for Michigan Commission for the Blind (MCB) records

 

Dear Mr. Harcz:

 

In accordance with applicable state and federal statutes and regulations, this hard copy and email notice is in follow up to my September 1, 2010 response to your August 26, 2010 email request to Mr. Duncan Wyeth, Mr. Patrick Cannon, and others for copies of MCB public records under ADA, Title II, you describe as:

".I wish to have all documents related to the in service sent to me. They include in part:

    -all the reports that Ms. Cheryl Heibeck referred to including the 911 report, standards and 

     indicators, the most recent Auditor General's report (single audit) and so on and so forth

    -the operating budget that Ms. Zanger referred to" 

    -all of the memorandums of understanding referred to with Intermediate School Districts, by Mr. 

    Jones

    -the financial report referenced by the person from DELEG (Al was his first name but I couldn't 

     hear his last or official position

    -the memorandum of understanding referred to at today's in service"

 

The Department is processing your request under the state's Freedom of Information Act (FOIA), MCL 15.231 et seq.; and, pursuant to MCL 15.235, Section 5(2)(c) of the FOIA, your request is partially granted and partially denied.

 

As regards the granted portions of your request, after a search for records, to the best of the Department's knowledge, information, and belief, the Department has attached and/or mail you records in its' possession responsive to your request, including:

--State of Michigan Budget Process

--FY 2009-10 Michigan Commission for the Blind Internal Operating Budget

--August 26, 2010 In Service Budget Training for Commission Members Agenda

 

As regards the denied portions of your request, please be informed that, pursuant to MCL 15.233 of the FOIA, your request for copies of "memorandums of understanding" is denied as no such documents exist in the MCB. However, in the spirit of cooperation, the MCB does have "cash match" agreements with other entities. The "cash match agreements" may be reasonably related to the document(s) you requested; and in the spirit of cooperation, may be converted or formatted and forwarded to you pursuant to a written request clarifying specific timelines. 

 

Processing portions of this request is extremely labor intensive and time consuming due to the number of records that must be converted and/or transformed into accessible formats. Thusly, the Department, as necessary, is further processing certain documents that may be responsive to the request; and will be forwarding them under separate cover within the next 10 days as the MCB staff searches for, reviews, and separates exempt from nonexempt material in its' possession. Further, in this particular instance, pursuant to MCL 15.234 of the FOIA, the Department is not assessing labor costs to process this request.

 

 

 

 

 

 

 

 

 

Under MCL 15.240 of the FOIA, you may submit a written appeal regarding the denial of any portion of your request to Mr. Andrew s. Levin, Acting Director, Michigan Department of Energy, Labor & Economic Growth, Attention: Mario Morrow, 611 W. Ottawa, 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 notice of 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 actions 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.

Central FOIA Coordinator

 (517)373-0194 

 

Attachments (sent via 9-17-10 email) 

 

CC: Patrick Cannon, Duncan Wyeth, Carla Haynes, Janet Jurus

 
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