[nfbmi-talk] Fw: Melvin Farmer Personne/Compensationl Records

Tue Apr 12 20:05:02 UTC 2011

----- Original Message ----- 
From: Farmer, Mel (DELEG) 
To: 'joe harcz Comcast' 
Sent: Tuesday, April 12, 2011 4:02 PM
Subject: FW: Melvin Farmer Personne/Compensationl Records

April 12, 2011

RE: Freedom of Information Act Request; Melvin Farmer Personnel Files

Mr. Paul Joseph Harcz:

1365 Mt. Morris Rd.

Mt. Morris, MI 48458

Dear Mr. Harcz:

This notice is in response to your April 5, 2011 email request (attached) for copies of nonexempt public records under the state's Freedom of Information Act (FOIA), MCL 15.231 et seq., you describe as the personnel file of Mr. Melvin Farmer, including salary and other annual compensation.

Pursuant to MCL 15.235, Section 5(6)(c) of FOIA, your request is partially granted and partially denied.

As to the granted portion of your request, after a search for records, to the best of the Department's knowledge, information, and belief the Department does possess records responsive to your request. However, pursuant to MCL 15.234, Section 4(3) of the FOIA based on the estimated amount of labor involved and the amount of material to be examined to separate exempt from nonexempt material, the Department must assess its costs to process this request. In this particular instance, failure to charge for the costs of labor to search for records; examine/review; delete/separation exempt from nonexempt information; and duplicate records would cause the Department to incur unreasonably high costs for these activities that are excessive and beyond the normal, or usual amount for these services. The estimated, allowable cost to process this request is $287.74 as illustrated below (hourly labor costs include benefits):

--Labor Costs:

  -Searching/Copying: General Office Assistant 5 @ $25.10/hr X 1 hr =$ 25.10

  -Examining/Redacting: State Administrator 17 @ $62.34/hr X 2 hr    =$124.64

--Records to Copy: 520 pages @ $.25/page=$130.00 

--Postage:=$8.00

      Total Estimated Costs=$287.74

Before continuing to process this request, the Department requires the payment of $287.74 sent to:

    STATE OF MICHIGAN

    Department of Energy, Labor & Economic Growth 

    Office Services Mailroom 

    7150 Harris Drive, P.O. Box30015

    Lansing, MI 48909

Upon the receipt of payment, the Department will continue processing this request and notify you of any statutory disclosure exemptions claimed; applicable remedial/appeal rights; and any balance of processing costs due the Department or owed to you.

Sincerely, 

Melvin Farmer, Jr.

(517)373-0194

Attachment

CC: Carla Haynes, Patti Hengesbach

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From: joe harcz Comcast [mailto:joeharcz at comcast.net] 
Sent: Tuesday, April 05, 2011 9:18 AM
To: Farmer, Mel (DELEG)
Subject: Re: foia canon stuff and more

Mr. Farmer,

Say what about those draft meeting minutes of the last MCB meeting ? In your failure to remit them  them to this very date (April 5, 2011) is a violation of the OMA, the FOIA, the Americans with disabilities Act of 1990, the Rehabilitation Act of 1973 (both Title I and Section 504) (and the very act that funds and creates MCB to begin with, by the way). But, here you all have hit the big bonanza in violating two state laws and two federal laws at the same time.

And not that you can copy and paste very well, but again I do not wish for Ms. Pilarski's personnel file as she does not work for the state of Michigan, but rather is the Chair of the Michigan Commission for the Blind.

If I wish for her personnel file I'll write to the School District which employs her. (Oh, in that regard wouldn't Bradlee v. Saranac Community Schools be most apt?)

But, again to reiterate I wish for your personnel file Mr. Melvin Farmer.

And while I'm at it I'm requesting here and now to know your salary and other annual compensation.

Sincerely,

Paul Joseph Harcz, Jr.