[nfbmi-talk] Fw: current operating budget ada request

Mon Sep 20 19:35:48 UTC 2010

----- Original Message ----- 
From: Farmer, Mel (DELEG) 
To: joe harcz Comcast 
Cc: Cannon, Patrick (DELEG) ; Haynes, Carla (DELEG) ; Zanger, Connie (DELEG) ; Wyeth, Duncan (DELEG) 
Sent: Monday, September 20, 2010 3:10 PM
Subject: FW: current operating budget ada request

This notice is in response to your September 20, 2010 request (attached) for a copy of Michigan Commission for the Blind (MCB) record you describe as the "current operating budget" MS. Connie Zanger was reading from during the August 26, 2010 MCB meeting; and that information electronically forwarded to you be also emailed to franfulton at verizon.net. 

Under the state's Freedom of Information Act (FOIA), MCL 15.235, Section 5(2)(c) of the FOIA,  your request is partially granted and partially denied.

As regards the granted portion of your request, after a search for records, to the best of the Department's knowledge, information, and belief, the Department has attached a copy of records in its' possession responsive to your request, the MCB Internal Operating Budget Through July 2010.

As regards the denied portion of your request, the Department denies your request to electronically forward copies of MCB records/information forwarded to you to another person. Pursuant to MCL 15.232 and 15.235 of the FOIA, a public body is required to respond directly to persons making written requests for reasonably known records in the possession of the public body ; and is not required to send unsolicited records/information to persons not making a written requests.

Under the FOIA, MCL 15.240, 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 Labor, Energy, & Economic Growth, Attention: Mario Morrow, 611. W. Ottawa, Fourth 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 of this 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. 

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

From: joe harcz Comcast [mailto:joeharcz at comcast.net] 
Sent: Monday, September 20, 2010 8:39 AM
To: Wyeth, Duncan (DELEG)
Cc: Zanger, Connie (DELEG); Farmer, Mel (DELEG); Jo Anne Pilarski MCB, Chair; Michael Geno MCB Vice-Chair; Margaret Wolfe MCB, Commissioner; John Scott MCB, Commissioner; Geri Taeckens; Craig.McManus at ed.gov; Lynnae Ruttledge RSA Commissioner; nfbmi-talk at nfbnet.org; president.nfb.mi at gmail.com; Joe Sibley MCBVI Pres.; Richard Clay Advocates f/t Blind; Elmer Cerano MPAS; Jeanette Brown MI CAP; TOM MASSEAU MPAS
Subject: current operating budget ada request

September 20, 2010

Paul Joseph Harcz, Jr.

1365 E. Mt. Morris Rd.

Mt. Morris, MI  48458

joeharcz at comcast.net

franfulton at comcast.net

810-516-5262

Re: ADA/504 Request for October 2009 through August, 2010 Internal Operating Budget

To:

Duncan Wyeth, DELEG ADA Coordinator

Constance Zanger, MCB Administrative Services

Melvin Farmer, FOIA DELEG

All,

I do appreciate the information sent by Mr. Farmer recently relative to the Michigan Commission for the Blind budget process meeting of the Michigan Commission for the Blind Board. That includes the belated agenda for that meeting which is attached after my signature line.

However, the internal operating budget sent to me was closed December of 2009 and was not the current operating budget in this very agenda and the one that Ms. Zanger was reading from during the meeting of August 26, 2010. Thus I am again asking for that internal operating budget in an accessible format, of course.

Is this was a public meeting of the MCB under the OMA with a quorum being present; and as all documents related to such meetings are required to be made available and accessible under both Title II and V of the Rehabilitation Act of 1973 and Title III of the Americans with Disabilities Act; and as Mr. Cannon did state openly that he would make these documents accessible in a timely manner to requestors I do again invoke those statutes and rules in this request.

This information may be sent to me just like the other operating budget as an e-mail attachment. In addition I request that during the next month the same information is copied to the additional e-mail adress: franfulton at verizon.net.

I thank you for your prompt response to this inquiry and that no sea4rch will be required as Ms. Zanger clearly has the information on her computer and has already remitted it in accessible format to commissioners now almost a month ago.

Sincerely,

Paul Joseph Harcz, Jr.

Cc: Fran Fulton

Cc: MCB Commissioners

Cc: NFB MI

Cc: MCBVI

Cc: Advocates for the Blind

Cc: Michigan Protection and Advocacy Services, Inc.

Cc: RSA

IN SERVICE BUDGET TRAINING

For    

COMMISSION BOARD MEMBERS

201 N. Washington Square

Victor Center Building

3rd Floor, Conference Room A/B

August 26, 2010

11 a.m. - 4 p.m.

11 a.m.      Cash Match, facilitated by Constance Zanger, Acting Administrative Services Manager

Noon                   Lunch

1 p.m.         General Discussion of the Budget Process:  How the money comes from the Federal Checkbook and it ultimately put into M C B's Budget, facilitated by Al Pohl, DELEG Finance Director

2:30 p.m.   A.      M C B Internal Operating Budget, facilitated by Constance Zanger, Acting Administrative Services Manager

                             1.      Allocation vs Authority

                             2.      Match Requirement

                             3.      Maintenance of Effort

                   B.      Budget Development

                   C.      Tracking Expenditures

D.      Discussion of October through July 

E.      Who is Watching over M C B's Expenditures?, facilitated by Sherri Heibeck, Training Center Director

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