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

[joe harcz Comcast]

By the way there were nno attachments here...Sigh...
----- Original Message ----- 
From: "joe harcz Comcast" <joeharcz at comcast.net>
To: <nfbmi-talk at nfbnet.org>
Sent: Monday, September 12, 2011 12:05 PM
Subject: [nfbmi-talk] Fw: documents for Joe Harcz foia request


>
> ----- 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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