[nfbmi-talk] Fw: Response to 1-6-12 FOIA Request - New Horizon Expenditures for FY 2011

Thu Feb 2 13:55:38 UTC 2012

----- 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) ; Jones, Leamon (LARA) ; Gaston, Diamalyn (LARA) ; McNeal, Gwen (LARA) ; Laury-Johnson, Shawnese (LARA) 
Sent: Friday, January 27, 2012 10:59 AM
Subject: Response to 1-6-12 FOIA Request - New Horizon Expenditures for FY 2011

January 27, 2012

Mr. Paul Joseph Harcz, Jr.

E-mail: joeharcz at comcast.net

1365 E. Mt. Morris Rd.

Mt. Morris, MI 48458

Re:  Payments to New Horizons Rehabilitation Services for FY 2011

Dear Mr. Harcz, Jr.:

This letter is in response to your January 6, 2012, email request for copies of public records, received January 9, 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 attached.

Your request is granted as to existing, nonexempt records in the possession of the Department falling within the scope of your request.

Section 4(1) of the FOIA, MCL 15.234(1), provides that a public body may charge a fee for public record search, including the mailing, costs, the cost of duplication or publication including labor, the cost of search, examination, review, and the deletion and separation of exempt from nonexempt information. The Department has estimated that a minimum of 6 hours of employee time must be drawn away from their respective duties and assignments to search, locate, and retrieve records to determine if they are responsive to your request, and to examine and review the responsive records for possible statutory exemptions from public disclosure. For the above reasons, the Department, pursuant to MCL15.234, Section 4(3) of the FOIA, has determined that failure to charge a fee in this particular instance will result in unreasonably high costs to the Department. The estimated costs to process this request, based on the hourly wages (including fringe benefits) of the lowest paid Department employee capable of performing the necessary tasks to comply with the request is $130.60.

Therefore, in order to complete the processing of your request, based on the hourly wages of the lowest paid Department employees capable of performing the necessary tasks to process the request, under MCL 15.234, Section 4(2) of the state's FOIA, the Department requires a good faith deposit of $65.30, which is one-half of the total estimated $130.60, including a $20.00 credit per MCL 15.234, Section 4(1) of the FOIA. See the attached Invoice Calculations illustrating estimated costs and payment instructions

The above estimate is based on an estimated twenty-three (23) payments MCB made to New Horizons Rehabilitation Services for fiscal year 2011.  These payments made to New Horizons Rehabilitation Services by MCB in fiscal year 2011 were coded as case services.  The estimated cost to research, examine and redact exempt information of the approximately 23 invoices along with the authorizations is also detailed in the attached invoice. 

After receipt of the good faith deposit and upon completing the process of your request, the Department will notify you in writing of any balance due and payable (or owed you) before copies of the requested records are forwarded to you; and will explain any statutory basis for the exemption of any records in or in part, and your remedial rights.

Sincerely,

Carla Miller Haynes, FOIA Coordinator

Michigan Commission for the Blind

Attachments: 

1.      Email of 1/6/2012 received 1/9/2012

2.      FOIA Invoice

cc:     Patrick Cannon

          Mel Farmer

          Susan Turney

          Elsie Duell

          Leamon Jones

          Gwen McNeal

          Shawnese Laury-Johnson

From: joe harcz Comcast [mailto:joeharcz at comcast.net] 
Sent: Friday, January 06, 2012 9:48 AM
To: Cannon, Patrick (LARA)
Cc: Larry Posont MCB Comm.; lydia Schuck MCB Comm.; John Scott MCB Comm.; Craig McManus RSA; Arwood, Steve (LARA); Elmer Cerano MPAS; nfbmi-talk at nfbnet.org
Subject: request new horizons fy 11 info

January 6, 2012 Request FY 2011 Info. Related to New Horizons

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 am writing today to have you breakdown and itemize the Michigan Commission for the Blind expenditures (portions thereof) that can be found at:

http://apps.michigan.gov/MiTransparency/Vendor/Categories?y=2011&v=NEW%20HORIZONS%20REHABILITATION%20SERVICES&a=641&Column=AgencyName&Direction=Ascending

Here are some general Lara details:

"Payments to NEW HORIZONS REHABILITATION SERVICES by LICENSING AND REGULATORY AFFAIRS for fiscal year 2011

Click on a category description to view payments to this vendor by this category.

Table with 3 columns and 4 rows

Agency Name

Category Description

Payment Totals

LICENSING AND REGULATORY AFFAIRS

Capital Acquisitions and Rentals

$1,125.00

LICENSING AND REGULATORY AFFAIRS

Payments to School Districts Local Units and Others

$70,816.21

LICENSING AND REGULATORY AFFAIRS

Contractual Services Supplies and Materials

$1,861,858.49"

I also am writing for any records related to just whom at MCB authorized each and every expenditure with New Horizons.

Since the books have  been closed for months now for Fiscal Year 2011 it shouldn't be difficult for you and the agency to document these expenditures.

Regardless, I am requesting all information related to these expenditures with New Horizons during Fiscal Year 2011 are remitted to me in accessible format and in a timely manner pursuant to obligations under the ADA and Section 504 of the Rehabilitation Act of 1973 as I am blind.

Send requested information as Word documents and/or plain text enclosures to my e-mail address listed above.

Note a failure to respond to this request is a violation of the ADA and 504 in and of itself.

Warmest Regards,

Paul Joseph Harcz, Jr.

Cc: MCB Commissioners

Cc: Craig McManus, RSA

Cc: S. Arwood, LARA

Cc: Elmer Cerano, NISH, MPAS

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

MICHIGAN COMMISSION FOR THE BLIND

FREEDOM OF INFORMATION ACT INVOICE

NAME AND ADDRESS OF REQUESTER:

Mr. Paul Joseph Harcz, Jr.

E-mail:  joeharcz at comcast.com

1365 E. Mt. Morris Road

Mt. Morris, MI  48458

REQUEST RECEIVED:  January 6, 2012

TYPE OF REQUEST:  Email

REQUEST PARTIALLY DENIED:  No

EXEMPT INFORMATION WITHHELD/REDACTED:  To be determined

EXTENDED RESPONSE NOTICE ISSUED:  No

REQUESTED INFORMATION WILL BE:  Emailed/Invoiced For Partial Payment

ACCOUNT CODE:  Index:   36200        PCA: 11343

DLARA CONTACT:  Melvin Farmer, Central FOIA Coordinator

(517) 373-0194

Ottawa Building, 4th Floor, 611 W. Ottawa, Lansing, MI  48909

The FOIA provides that the department may charge a fee to comply with requests for public records.  The processing fee is composed of hourly wages and benefit costs of the lowest paid employee(s) capable of processing the request; the duplication of records at assessed costs per page; mailing costs; and other related special costs.  Prior to searching and copying requested records, the department may request full payment or 50% of the estimated costs exceeding $50.00 with the balance required before mailing the records.  Assessed costs are related to your request for:

"I am writing today to have you breakdown and itemize the Michigan Commission for the Blind expenditures (portions thereof) that can be found at:

http://apps.michigan.gov/MiTransparency/Vendor/Categories?y=2011&v=NEW%20HORIZONS%20REHABILITATION%20SERVICES&a=641&Column=AgencyName&Direction=Ascending

Here are some general Lara details:  "Payments to NEW HORIZONS REHABILITATION SERVICES by LICENSING AND REGULATORY AFFAIRS for fiscal year 2011"

INVOICE CALCULATIONS

LABOR 

          Locating and Duplicating Cost:  

                   Number of Hours: 4 hrs. x Hourly Rate: $25.10 = Amount:       $100.40

          Examining and Extracting Cost:  

                   Number of Hours: 2 hrs. x Hourly Rate: $25.10 = Amount:       $50.20

TOTAL LABOR:         $150.60

POSTAGE (estimate):          $0

DUPLICATING:  Number of Pages times Copying Rate of $.25       $0

OTHER (overtime, audio tapes, discs, photos, security, etc.):  $0

SUBTOTAL:      $

Less waived indigency fee under FOIA Act MCL 15.234 Section 4(1)       ($20.00)

INVOICE TOTAL:       $130.60

DEPOSIT* $65.30

BALANCE TO BE PAID:     $65.30

Make check or money order payable to:     STATE OF MICHIGAN

Remit to:            Department of Licensing and Regulatory Affairs

Office Services Mailroom

7150 Harris Drive, PO Box 30015

Lansing, MI  48909

RETURN ORIGINAL COPY OF THIS INVOICE WITH YOUR PAYMENT

*Please note that if a deposit is requested, the indicated amount is an estimate of the cost of complying with your request.  The actual cost may vary somewhat from this amount.

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
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