[nfbmi-talk] Fw: documents for Joe Harcz foia request

joe harcz Comcast joeharcz at comcast.net
Mon Sep 12 16:05:37 UTC 2011


----- Original Message ----- 
From: Farmer, Mel (LARA) 
To: 'joe harcz Comcast' 
Cc: Cannon, Patrick (LARA) ; Haynes, Carla (LARA) ; Luzenski, Sue (LARA) 
Sent: Monday, September 12, 2011 11:56 AM
Subject: FW: documents for Joe Harcz foia request


 

 


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

From: Haynes, Carla (LARA) 
Sent: Monday, September 12, 2011 11:49 AM
To: Farmer, Mel (LARA)
Subject: RE: documents for Joe Harcz foia request

 

 

From: Farmer, Mel (LARA) 
Sent: Friday, September 09, 2011 11:56 AM
To: 'Joseph L. Harris'
Cc: Cannon, Patrick (LARA); Haynes, Carla (LARA); Luzenski, Sue (LARA); Arwood, Steve (LARA); Brown, Melanie (LARA)
Subject: FW: documents for Joe Harcz foia request

 

This notice is in response is in follow up to my August 24, 2011 email extending the response period of your August 19, 2011 request to Mr. Patrick Cannon, Director, of the Department's Michigan Commission for the Blind (MCB) for copies of existing, nonexempt public records you describe as ".all documents related to the MCB meeting (see attached minutes) as plain text or Word documents." You also requested the recording of the December 10, 2007 MCB meeting be sent to you on a flash card, preferably as a :Winamp" file. As indicated in the August 24, 2011 response notice, the Department is processing this request under the state's Freedom of Information Act (FOIA), MCL 15.231 et seq.

 

Pursuant to 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 the existing, nonexempt electronic records responsive to your request, including:

--ALJ (Brand) Decision

--BEP Customer Satisfaction Survey

--EOC Motions-MCB Recommendations November 10, 2007

--Letter to MCB board from R. Clay

--MCB Activity List Dec. 2007

--MCB Agenda 12-10-07

--MCB August 7, 2007 Minutes

--MCB Cover Memo

--MCB Report December 7, 2007 

-OJE Evaluation, Revised

 

As regards the request for the recording of the December 10, 2007 MCB meeting, existing audio cassettes of this meeting will be mailed to you under separate cover.

 

As regards the denied portion of your request, please be informed of the following:.

--Minutes of the December 10, 2007 MCB minutes were not included in the above emails as your 

  August 19, 2011 request included a copy of this record. Thusly, this portion of your request is 

  denied as you already have already have this record. Michigan Appellate Court ruling in 

  Densmore v Department of Corrections, 203 Mich App 363; 512 NW2d 72 (1994) rul;ed that a 

  public body does not need to provide additional copies of records it has already provided 

  unless the requester can demonstrate why the copy already provided was not sufficient. Your 

  request did not meet this standard.

 

--Your request for the recording of the December 10, 2007 MCB meeting on a flash card be sent 

   to your physical address preferably as a "Winamp" file is denied pursuant to:

  --MCL 15. 233, Section 3(4) an(5) of the FOIA which provides that a public body is not required 

    to make a compilation, summary, report; or create a new public record that does not already 

    exist.The request would require the Department to create a new public record..

  --Title of the ADA II rule indicates that if a "public entity can demonstrate that another effective 

    means of communication exists or that providing the requested aid would result in a 

    fundamental  alteration in the program or in undue financial and administrative burdens 

    (ss 35.160(b)(2) and 35.164)." The Department believes that the audio cassette recordings 

    sent to you under separate cove is an effective means to communicate the audio portion 

    of the December 7, 2007 MCB meeting; and that adhering to your request would cause the 

    Department/MCB undue financial and administrative burdens.

 

MCL 15.240 of the FOIA provides that you may submit a written appeal regarding the denial of any portion of your request to Steven H. Hilfinger, Director, Michigan Department of Licensing and Regulatory Affairs: Attention, Mike Zimmer, Ottawa Building, Fourth Floor, P.O. Box 30004, Lansing, MI 48909. Your appeal must include the word "appeal" and identify 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 final determination. If you prevail in court action, the court may award reasonable attorney fees, costs, and disbursements. If the court finds the Department's action(s) to be arbitrary and capricious, the court, in addition to any actual or compensatory damages, award punitive damages in the amount of $500.00.

 

 

 



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