[nfbmi-talk] Fw: Response to FOIA Request Dated 1-18-2012 - MCB FY2011 Operating Budget

Wed Feb 1 00:30:10 UTC 2012

----- Original Message ----- 
From: joe harcz Comcast 
To: Haynes, Carla (LARA) 
Sent: Tuesday, January 31, 2012 7:28 PM
Subject: Re: Response to FOIA Request Dated 1-18-2012 - MCB FY2011 Operating Budget

This is not responsive and does not detail MCB's expenditures for FY 2011. Moreover, monthly financial reports were approved by the MCB Board in December, 2010, and quarterly reports were promised them by Cannon. yet, those weren't forthcoming to the MCB Board. And that is one reason amongst many he flunked his evaluation as he clearly didn't meet that and related objectives. Oh but he has tried to hide that through a mask of FOIA and other dodges too.

That evaluation and the letters sent to Governor Snyder, and Arwood should also be posted on MCB's vaunted web site for all to see.

Moreover, there isn't any FOIA exemption for public expenditures and for a line item accounting.

This is and should be totally public information.

This, frankly is a load of pure bull.

Notwithstanding as to abject violations of all accounting practices this also strictly violates Governor Snyder's calls for transparency in government.

There are huge gaps in just how this agency spent its money that are not accounted for here.

And the victims of these shenigans and the slights of hand and the lack of simple transparency are Michigan's blind community. Pure and simple. 

By the way I asked for this information over and over again through this year, and have saved all those e-mails. Each and every time I did not receive a response was and is an ADA/504 violation.

Are we saving the money that is supposed to go to services for the biggest ADA/504 suit in history of this State?

  ----- Original Message ----- 
  From: Haynes, Carla (LARA) 
  To: joe harcz Comcast (joeharcz at comcast.net) 
  Cc: Cannon, Patrick (LARA) ; Farmer, Mel (LARA) ; Turney, Susan (LARA) ; Luzenski, Sue (LARA) ; Duell, Elsie (LARA) 
  Sent: Tuesday, January 31, 2012 3:29 PM
  Subject: Response to FOIA Request Dated 1-18-2012 - MCB FY2011 Operating Budget

  January 31, 2012

  Mr. Paul Joseph Harcz, Jr.

  E-mail: joeharcz at comcast.net

  1365 E. Mt. Morris Rd.

  Mt. Morris, MI 48458

  Re:  MCB's FY2011 Operating Budget

  Dear Mr. Harcz, Jr.:

  This letter is in response to your January 18, 2012, email request for copies of public records, received on January 19, 2012.  Please be informed that the Department's Michigan Commission for the Blind (MCB) is processing this request under the state's Freedom of Information Act (FOIA), MCL 15.231 et seq.

  You have requested information as described in your email, a copy of which is below.

  In regards to the granted portion of your request, attached are seventeen documents that pertain to either to the MCB Budget for Fiscal Year 2011 & Fiscal Year 2012 or costs of legal services for Fiscal Year 2011 to the present.  Some of these documents were previously sent to you via email from Mr. Melvin Farmer on August 5, 2011 (in regards to your request of July 8, 2011, of which you attached to your request of January 18, 2012).  I have attached these documents to this email for your information.

  The budget documents that are attached are also available at the MCB website (www.michigan.gov/mcb), go to MCB Documents and Reports (http://www.michigan.gov/lara/0,4601,7-154-28077_28313-261129--,00.html, then Budget Information.

  In regards to the denied portion of your request, pursuant to MCL 15.243, Sections 13(1)(a), 13(1)(d) and 13(1)(w) of the FOIA, information has been redacted that if disclosed, clearly constitutes an unwarranted invasion of an individual's privacy; and exempted from disclosure, e.g. social security numbers, by statute.

  In regards to the FY 2011 Operating Budget, to the best of the Department's knowledge, information and belief, the attached documents are the records responsive to your request.

  Under MCL 15.240 of the FOIA you may (1) submit a written appeal regarding the denial of any portion of your FOIA request to Mr. Steven H. Hilfinger, Director, Michigan Department of Licensing and Regulatory Affairs: Attention, Mike Zimmer, Chief Deputy Director, Ottawa Building, 4th Floor, P.O. Box 30004, Lansing, MI 48909. Your appeal notice must include the word "appeal" and state the reason(s) for reversal of the denial(s); or (2) you may seek judicial review in circuit court within 180 days of the Department's final 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, in addition to any actual or compensatory damages, award punitive damages in the amount of $500.00.

  Sincerely,

  Carla Miller Haynes, FOIA Coordinator

  Michigan Commission for the Blind

  Attachment - below: Email of 1/18/12

  Attachments to Email:  

  cc:           Patrick Cannon

                  Mel Farmer

                  Susan Turney

                  Elsie Duell

  January 18 2012 Re-iterated request ADA for FY 11 Operating Budget

  Paul Joseph Harcz, Jr.

  1365 E. Mt. Morris Rd.

  Mt. Morris, MI 48458

  joeharcz at comcast.net

  Patrick D. Cannon

  Director

  Michigan Commission for the Blind

  (Via E-mail)

  Dear Mr. Cannon,

  I'm writing today for an accessible copy of MCB's FY 2011 Operating Budget (also see unanswered request for similar information after my signature line). Now, you in your objectives promised this information to Commissioners and the public quarterly in your objectives for last year. You did not honor that obligation whatsoever. There are no excuses for not having this information ready and at hand and published on the MCB web site as the Fiscal Year closed September 30, 2011 months ago. Bills supposedly were paid and all that.

  Frankly, it is more than a sign of a grossly incompetent manager to not have ready access to this information and it certainly is a slap in the face and a black eye to the Snyder Administration as one of his own agencies cannot seem to meet basic transparency guidelines regarding this simple information re: his "dashboard" program.

  Regardless send it out please and please have it posted prominently on MCB's web site.

  You know my accessible format by now.

  Sincerely,

  Paul Joseph Harcz, Jr.

  Cc: MCB Commissioners

  Cc: NFB MI

  Cc: S. Arwood LARA

  Cc: Elmer Cerano, NISH, MPAS

  Cc: Richard Bernstein, Esq.

  Cc: Mel Farmer

  Cc: Carla Haynes

  Attached unresponded to request for information:

  July 8, 2011 ADA Rehab Act Request for Third Quarter MCB Financial Report

  Paul Joseph Harcz, Jr.

  1365 E. Mt. Morris Rd.

  Mt. Morris, MI 48458

  joeharcz at comcast.net

  810-516-5262

  Patrick D. Cannon

  Director, MCB/LARA

  Michigan Commission for the Blind

  Via E-mail

  Dear Mr. Cannon,

  I'm writing today to request in accessible format the MCB Operating Budget through the Third Quarter of this current fiscal year as you and the agency have promised in public records to commissioners, and thus to members of the public too.I mean don't forget we citizens of this state and country please including those of us with disabilities. I'm also requesting that MCB in the spirit of Governor Snyder's "dashboard" principle of transparency post this uniformly, affirmatively and in a timely and accessible manner to its own web site.

  Regardless, I'm requesting same as a Word attachment to my e-mail address listed above.

  The people of this state including me have the right to know how MCB's money is spent.

  Oh, and a further thought here: I'd like to see a complete line item break down of precisely how much MCB has expended to date this fiscal year on legal  expenses including but not limited to the settlements of the Robin Hill v. Michigan Commission for the Blind case; the Dave Robinson settlement; and the Christine Boone case.

  In other words how much is MCB losing in state and federal funds relative to these cases including any expenditure to the Michigan Attorney General for defending these cases and others in the first place?

  I thank you in advance for your prompt and compliant  response to this inquiry.

  Sincerely,

  Paul Joseph Harcz, Jr.

  Cc: MCB Commissioners

  Cc: Steve Arwood, LARA Deputy Director

  Cc: NFB MI

  Cc: MCBVI

  Cc: several list serves and media outlets

  Cc: MPAS 

  Cc: "Great Lakes TAC"

  Cc: Elsie Duell, MCB "Financial"

  Carla Miller Haynes

  DLARA Michigan Commission for the Blind

  201 N. Washington Sq., 2nd Floor

  P.O. Box 30652

  Lansing, MI  48909

  Phone:  517/373-2063

  FAX: 517/335-5140

  www.michigan.gov/mcb