[nfbmi-talk] Fw: foia cannon bauer campaign 2002

Fri Jul 8 17:04:49 UTC 2011

----- Original Message ----- 
From: joe harcz Comcast 
To: ada.complaint at usdoj.gov 
Cc: Robin Jones ; Sally Conway USDOJ 
Sent: Friday, July 08, 2011 1:03 PM
Subject: Fw: foia cannon bauer campaign 2002

This goes to my ongoing complaint against the Michigan Department of Licensing and Regulatory Affairs for continuing to try to trump ADA, 504 and other requirements by employeing state law. Moreover, please look at this individual's past abuse of "undue hardship".

Sincerely,

Paul Joseph Harcz, Jr.

1365 E. Mt. Morris Rd.
Mt. Morris, MI 48458
joeharcz at comcast.net

----- Original Message ----- 
From: Farmer, Mel (LARA) 
To: 'joe harcz Comcast' 
Cc: Cannon, Patrick (DELEG) ; Arwood, Steve (LARA) ; Brown, Melanie (LARA) ; Morrow, Mario (LARA) ; Haynes, Carla (DELEG) ; Jo Anne Pilarski MCB, Chair ; Larry Posont MCB Comm. ; 'sally.conway at usdoj.gov' 
Sent: Friday, July 08, 2011 12:56 PM
Subject: RE: foia cannon bauer campaign 2002

Applicable State Attorney General Opinions and Michigan Appellate Court Rulings regarding the state's Freedom of Information Act (FOIA) fees/charges provide that public bodies may charge fees to process requests for public records as follows:

  1.. State Attorney General: 
-Opinion No. 7083, June 7, 2001; Opines that the FOIA permits a public body to charge 

 a fee for the actual incremental cost of duplicating or publishing a record, including labor 

 directly attributable to those tasks, even when the labor is performed by a public during 

 business hours and does not add extra costs to the public body's normal budget. Under 

 section 4(3) of the FOIA, a public body may not charge a fee for the cost of its search, 

 examination, review, and the deletion and separation of exempt from nonexempt

 information, unless failure to charge would result in unreasonably high costs to the public 

 body.

 The phrase "unreasonably high costs" as used in section 4(3) of the FOIA prohibits a 

  public body from charging a fee for its costs of search, examination,  review, and 

  deletion and separation of exempt from nonexempt information unless the costs 

  incurred by a public body for those activities in the particular instance would be 

  excessive and beyond the normal or usual amount for those services.

-Opinion No. 6977, April 1, 1998; Opines that a public body may require that its fees be 

 paid in full prior to actual delivery of the copies; and that a public body may refuse to 

 process a FOIA request if  the requester fails to pay a good faith deposit properly 

 requested by the public body pursuant to section 4(2) of the FOIA.

  2.. Michigan Appellate Court Rulings: 
-Title Office, Inc v Van Buren CO Treasurer, 249 Mich App 322; 643 Nw2d 244 (2002); 

 Section 4(1) of the FOIA requires public bodies to provide electronic copies of records of 

 public records for the "actual incremental cost" of reproducing such records.

-Oakland County Treasurer v Title Office, Inc 245 Mich App 196; 627 NW22d 317 (2001); 

 Electronic records are writings as defined by the FOIA. Public bodies are required to 

 provide public records in the format requested. If there is no explicit statutory language 

 that provides fees for electronic records, the records must be provided using the FOIA 

 fee requirements.

-Tallman v Cheboygan Area Schools, 183 MICH App 123; 454 NW2d 171 (1990); 

 A public body may charge a fee for providing a copy of a public record. Section 4 of the 

 FOIA provides a method for determining the charge for records and a public body is 

 obligated to arrive at Its fee pursuant to that section.

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

From: joe harcz Comcast [mailto:joeharcz at comcast.net] 
Sent: Friday, July 08, 2011 11:12 AM
To: Farmer, Mel (LARA)
Subject: Re: foia cannon bauer campaign 2002

Wow. I think that wuld be an "undue hardship" on a citizen.

Sincerely,

Paul Joseph Harcz, Jr.

  ----- Original Message ----- 

  From: Farmer, Mel (LARA) 

  To: 'joe harcz Comcast' 

  Cc: Arwood, Steve (LARA) ; Jo Anne Pilarski MCB, Chair ; lydia Schuck MCB Comm. ; John Scott MCB Comm. ; Larry Posont MCB Comm. ; nfbmi-talk at nfbnet.org ; Cannon, Patrick (DELEG) ; Haynes, Carla (DELEG) ; Brown, Melanie (LARA) ; Morrow, Mario (LARA) 

  Sent: Friday, July 08, 2011 11:01 AM

  Subject: RE: foia cannon bauer campaign 2002

  Mr. Joseph Harcz, this notice is in response to your July 8, 2011 email (attached) for copies of nonexempt records/information you describe as "any phone records or any e-mail or other correspondences made during working hours by Patrick Cannon during 2002 relative to the following campaign an campaign contribution: ELIZABETH W BAUR FOR ST BOARD OF EDUCATION."

  Please be informed that this request is being processed under the state's Freedom of Information Act (FOIA), MCL 15.231 et seq. In order to comply with your request, a search must be performed to determine whether the Department has information/records from 2002 to present time responsive to the request. Pursuant to MCL 15.234, Section 4)3) of the FOIA, the Department must assess certain processing costs to comply with this request. The failure to charge for labor and other related costs, in this particular instance, would result in unreasonably high costs to the Department because of the number of records/files that must be reviewed in order to locate any requested records; to separate/redact exempt from nonexempt material; and the need to engage non-Departmental resources.

  As explained to you regarding previous requests for records/information involving multiple years, records/information over 3 years old are generally purged from state records/computers. In order to search for and/or retrieve any such records/information, the Department would have to engage the services of the Michigan Department of Technology, Management and Budget (DTMB). As also explained, DTMB generally charges the requesting Department thousands of dollars (up to $15,000.00), payable in advance, to perform the search/retrieval services. 

  If you wish the Department to proceed with this request, pursuant to MCL 15.234, Section 4(2), the Department will require a good faith deposit of $5,000.00 payable to:

       STATE OF MICHIGAN

       Department of Licensing and Regulatory Affairs

       Michigan Commission for the Blind

       Office Services Mailroom 

       7150 Harris Drive, P.O. Box 30015

       Lansing, MI 48909

  Upon payment of the deposit, the Department will proceed with processing this request; notify you of any balance due the Department or refund owed to you; the statutory basis of for any claimed exemptions; and any applicable remedial rights you may have. 

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

  From: joe harcz Comcast [mailto:joeharcz at comcast.net] 
  Sent: Friday, July 08, 2011 7:36 AM
  To: Farmer, Mel (LARA)
  Cc: Arwood, Steve (LARA); Jo Anne Pilarski MCB, Chair; lydia Schuck MCB Comm.; John Scott MCB Comm.; Larry Posont MCB Comm.; nfbmi-talk at nfbnet.org
  Subject: foia cannon bauer campaign 2002

  July 8, 2011

  FOIA Bauer 2002 Cannon

  Paul Joseph Harcz, Jr.

  1365 E. Mt. Morris Rd.

  Mt. Morris, MI 48458

  Cell: 810-516-5262

  To: Melvin Farmer

  Michigan LARA,FOIA

  Via: e-mail

  Dear Mr. Farmer,

  I am writing today to request any phone records or any e-mail or other correspondences made during work hours by Patrick Cannon during 2002 relative to the following campaign and campaign contribution:

  "ELIZABETH W BAUER FOR ST BOARD OF ED

  510752-CAN

  DIRECT

  PATRICK CANNON

  1769 PINE CREEK CIRCLE

  EXECUTIVE DIRECTOR-MICH. COM. FOR THE BLIND

  HASLETT

  MI 48840-0000

  08/14/02

  $100.00

  $135.00"

  Sincerely,

  Paul Joseph Harcz, Jr.

  Cc: MCB Board

  Cc: NFB MI

  Cc: Steve Arwood, LARA Deputy Director