[nfbmi-talk] Fw: foia ada 504 oma request to commissioners

joe harcz Comcast joeharcz at comcast.net
Fri Feb 10 12:38:03 CST 2012


----- Original Message ----- 
From: "joe harcz Comcast" <joeharcz at comcast.net>
To: "Farmer, Mel (LARA)" <farmerm at michigan.gov>
Sent: Friday, February 10, 2012 1:37 PM
Subject: Re: foia ada 504 oma request to commissioners


> Once again these documents requested were not FOIA requests. They all 
> related to the public meetings of the Michigan Commission for the Blind. 
> Thus they were required to be made available pro forma let alone upon 
> request without a surcharge for same in accordence with relevent sections 
> of the Rehabilitation Act of 1973 and the Americans with Disabilities Act 
> of 1990.
>
> You have been informed of these obligations Mr. Farmer as has the 
> Department.
>
>
> And you will be sued for your chronic and malicious and intentional 
> violations of my civil rights.
>
>
> Warmly,
>
> Paul Joseph Harcz, Jr.
> ----- Original Message ----- 
> From: "Farmer, Mel (LARA)" <farmerm at michigan.gov>
> To: "'joe harcz Comcast'" <joeharcz at comcast.net>
> Cc: "'Larry Posont'" <president.nfb.mi at gmail.com>; "Warren, Tom (AG)" 
> <WarrenT at michigan.gov>; "Cannon, Patrick (LARA)" <cannonp at michigan.gov>; 
> "Haynes, Carla (LARA)" <haynesc at michigan.gov>; "Brown, Melanie (LARA)" 
> <BrownM45 at michigan.gov>
> Sent: Friday, February 10, 2012 12:03 PM
> Subject: FW: foia ada 504 oma request to commissioners
>
>
> Mr. Harcz, the attached is the Department's February 1, 2012 response to 
> the January 23, 2012 request by Mr. Larry Posont on your behalf for copies 
> of existing nonexempt records information from this Department/MCB. If you 
> wish to receive the records described in Mr. Posont's request, please 
> email or contact me at (517)373-0194 to make payment arrangements 
> regarding the Department's estimated assessed FOIA processing costs of 
> $533.38.
>
> -----Original Message-----
> From: Farmer, Mel (LARA)
> Sent: Wednesday, February 01, 2012 12:41 PM
> To: 'Larry Posont'
> Cc: Cannon, Patrick (LARA); Haynes, Carla (LARA); Arwood, Steve (LARA); 
> Brown, Melanie (LARA); Warren, Tom (AG)
> Subject: FW: foia ada 504 oma request to commissioners
>
>
>
> This notice is in response to your January 23, 2012 email to Ms. Carla 
> Haynes, Michigan Commission for the Blind (MCB), requesting that the MCB 
> send Mr. Joe Harcz copies of existing, nonexempt public records you 
> describe as:
>
> "...all letters, evaluations, and Meeting Minutes that were between the 
> Michigan Commission for the Blind, specifically, but not exclusively from 
> Director Cannon,, and the Michigan Commission for the Blind Board of 
> Commissioners from December 8, 2011 to the present."
>
> This request is being processed under the state's Freedom of Information 
> Act (FOIA), MCL 15.231 et seq.
>
> Pursuant to MCL 15.235, Section 5(2)(a) of the FOIA, your request is 
> granted as to existing, nonexempt public records possessed by the 
> Department/MCB falling within the scope of the request. However, MCL 
> 15.234, Section 4(1) of the FOIA provides that a public body may charge a 
> fee for public records search, examination, review, and the deletion and 
> separation of exempt from nonexempt information. The Department/MCB has 
> estimated that to comply with your request, nearly all MCB staff (+85) 
> would have to be drawn away from their respective duties and assignments 
> for an aggregate estimate of 21.25 hours (15 minutes per employee x 85 
> employees) to search, locate, and retrieve records to determine whether 
> the Department/MCB possesses records responsive to your request. Further, 
> such records would have to be examined and reviewed for 
> separation/redaction of information statutorily exempt from public 
> disclosure. For the aforementioned reasons, the Department, pursuant to 
> MCL 15.234, 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/MCB.
>
> The estimated costs to process this request is $533.38. This estimate is 
> based on the hourly wage ($25.10), including benefits, of the Department's 
> lowest paid employee capable of the necessary tasks to comply with the 
> request (General Office Assistant 5 level employee), even though the 
> average hourly wage and benefits of MCB staff exceeds $25.10. The 
> estimated labor cost to process this particular request is calculated at 
> $25.10/hour x 21.25 hours = $533.38.
>
> In order to continue processing this request, the Department/MCB, per MCL 
> 15.234, Section 4(2) of the FOIA, requires a good faith deposit of 
> $266.69, or the full amount, be made payable and mailed to:
>
>   STATE OF MICHIGAN
>   Department of Licensing and Regulatory Affairs
>   Office Services Mailroom
>   7150 Harris Drive, P.O. Box 30015
>   Lansing, MI 48909
>
> After the receipt of payment and completing the processing of your 
> request, the Department will notify you of any balance due it, or owed to 
> you; inform you of any statutory basis for any exemptions from disclosure 
> of any records/information; inform you of any remedial rights; and upon 
> receipt of full payment, forward requested, existing, nonexempt public 
> records/information to Mr. Joseph Harcz.
>
> For your information, the Department/MCB has received the following 
> requests from Mr. Joseph Harcz within the last few months that require 
> labor time for record searches and fee processing charges (excluding any 
> charges for accessible formatting):
> Request Date Response Date Records Requested         Estimated Time/Costs
> Oct/11/11    Oct/18/11     MCB meeting records       30 min/No Charge
> Oct/19/11    Nov/3/11      RSA monitoring response   20 min/No Charge
> Dec/16/11    Jan/13/12     ListServ Postings         20 min/No charge
> Dec/23/11    Jan/17/12     Cannon evaluation/other   20 min/No charge
> Dec/27/11    Jan/10/12     Peckham cash match        20/min/No charge
> Dec/27/11    Jan/20/12     New Horizon emails        19 hrs/$476.90
> Dec/27/11    Jan/13/12     Draft MCB minutes         45 min/No Charge
> Dec/29/11    Jan/6/12      Oakland cash match        20 min/No Charge
> Jan/1/12     Jan/25/12     MCB/New Horizons           8 hrs/$180.80
> Jan/3/12     Jan/27/12     Peckham records            6 hrs/$150.60
> Jan/3/12     Jan/25/12     ARRA/New Horizons funding  8 hrs/$180.80
> Jan/5/12     Jan/12/12     Payments to Wolverine     12 hrs/$301.20
> Jan/6/12     Jan/17/12     Jerry McVety payments     30 min/No Charge
> Jan/6/12     Jan/20/12     Eagle Media Payments       4 hrs/$100.40
> Jan/6/12     Jan/27/12     New Horizons records       6 hrs/$150.60
> Jan/6/12     Jan/27/12     New Horizons/finance info 15 min/No Charge
> Jan/6/12     Jan/  /12     Gales Hardware Payments    9 hrs/$225.00
> Jan/7/12     Jan/17/12     P.Cannon/12/4/08 letter   15 min/No Charge
> Jan/7/12     Jan/20/12     G. McNeal Authorization   19 hrs/$476.90
> Jan/8/12     Jan/17/12     Payments to Peckham        6 hrs/$150.60
> Jan/8/12     Jan/20/12     Draft minutes/recording   25 min/No Charge
> Jan/10/12    Jan/12/12     LARA/union agreements     30 min/No Charge
> Jan/11/12    Jan/25/12     MCB activities             7 hrs/$175.70
> Jan/15/12    Jan/24/12     EOC minutes               20 min/No Charge
> Jan/18/12    Jan/31/12     MCB FY2011 budget         45 min/No Charge
> Jan/23/12    Feb/  /12     D. Thomas ADA Coord.      15 min/No Charge
>
>
> As illustrated above, the Department spends, or will have to, expend 
> considerable time and labor costs in addressing multiple searches for 
> records/information requested by Mr. Harcz. To date, Mr. Harcz has not 
> paid any of the above assessed costs allowed under the state's FOIA and/or 
> federal FOIA regulations.
>
> Sincerely,
>
> Melvin Farmer, Jr.
>
> CC; Patrick Cannon, Carla Haynes
>
>
>
>
>
> -----Original Message-----
> From: Larry Posont [mailto:president.nfb.mi at gmail.com]
> Sent: Monday, January 23, 2012 1:52 PM
> To: Haynes, Carla (LARA)
> Cc: president.nfb.mi at gmail.com; jcscot at sbcglobal.net; laschuck at juno.com; 
> Cannon, Patrick (LARA); Luzenski, Sue (LARA)
> Subject: foia ada 504 oma request to commissioners
>
> 20812 Ann Arbor Trail
> Dearborn Heights, MI 48127
>
> January 23, 2012
>
> Carla Miller, Haynes
> FOIA Coordinator
> Michigan Commission for the Blind
> Victor Office Center
> 201 N. Washington Square, Second Floor
> Lansing, MI  48913
>
> Dear Ms. Haynes:
>
> On behalf of Mr. Joe Harcz, I am requesting that you send him all
> letters, evaluations, and Meeting Minutes that were sent between the
> Michigan Commission for the Blind, specifically, but not exclusively
> from Director Cannon,, and the Michigan Commission for the Blind Board
> of Commissioners from December 8 to the present.  I was directed to do
> this by the Assistant to the Attorney General, Mr. Tom Warren. I have
> enclosed his letter, Mr Harcz's letter, and my letter to the Attorney
> General requesting clarification below this letter.
>
> Sincerely,
> Larry Posont, Commission for the Blind Board Member
> The primary goal of The Commission for the Blind is the
> gainful employment of Michigan's blind citizens. This is my primary
> goal as a Commissioner.
>
> (313) 271-3058
> Email: president.nfb.mi at gmail.com
>
> (313) 271-3058
> Email: president.nfb.mi at gmail.com
>
>
> ----- Original Message -----
> From: joe harcz Comcast
> To: Larry Posont MCB Comm.
> Cc: John Scott MCB Comm. ; lydia Schuck MCB Comm. ; nfbmi-talk at nfbnet.org
> Sent: Thursday, January 12, 2012 1:05 PM
> Subject: foia ada 504 oma request to commissioners
>
>
> January 12, 2011
>
> Paul Joseph Harcz, Jr.
> joeharcz at comcast.net
>
> Re: Meeting Information and More
>
>
> Dear Commissioners.
>
> As you are public officials and as the Director of the Michigan
> Commission for the Blind has been so violated of the ADA, 504, the
> Open Meetings Act and the Michigan Freedom of Information Act I am
> formally requesting any and all information sent to you since
> December 8, 2011 to the present.
>
> All that I request in these regards is that you forward all
> correspondences including draft meeting minutes, evaluations, letters
> sent in those regards, etc. to my e-mail adress listed here.
>
> Sincerely,
>
> Paul Joseph Harcz, Jr.
>
> cc: NFB MI
>
>  FOIA mcl-Act-442-of-1976 (2).pdf
>
> ----- Original Message -----
> From: "Warren, Tom (AG)" <WarrenT at michigan.gov>
> To: "'Larry Posont'" <president.nfb.mi at gmail.com>
> Cc: <jcscott at sbcglobal.net>; <laschuck at juno.com>
> Sent: Friday, January 20, 2012 9:47 AM
> Subject: RE: foia ada 504 oma request to commissioners
>
>
> Good morning Commissioner Posont.
>
> You asked whether you should produce certain documents Mr. Harcz
> electronically requested under the Michigan Freedom of Information
> Act (FOIA), MCL 15.231 et seq.  You are correct in acknowledging that
> responding to this request may "cause difficulty," especially
> where FOIA outlines specific procedures that need to be followed
> before a "public body" may produce documents and restricts
> production of certain documents.  For the other board members' and
> your future use, I have attached a copy of this statute.
>
> FOIA requires that a "public body," i.e., a state agency shall
> designate a person as the public body's FOIA coordinator, and the
> FOIA coordinator is responsible for accepting, processing, and
> approving or denying requests.  MCL 15.236(1).  Here, the Licensing
> and Regulatory Affairs Department (LARA) appointed Mel Farmer, its
> coordinator.  In turn, Carla Haynes has been appointed the
> Michigan Commission for the Blind's (MCB) coordinator who works in
> regards to FOIA under Mr. Farmer's oversight.  If you have not
> done so already, you should forward Mr. Harcz's January 12, 2012
> e-mail to the MCB's FOIA coordinator for response.  You are
> certainly free to communicate to Mr. Harcz that you have sent his
> request to the FOIA coordinator for response.
>
> You write that "He (Harcz) has repeatedly asked Director Cannon for
> this information, but it has not been sent."  I do not have
> personal knowledge of any failure to answer FOIA requests that have
> been made concerning this matter.  If a public body fails to
> respond to a proper request, FOIA describes the remedies that may be
> available to the requesting party in the circuit court.
>
>
> Thomas D. Warren
> Assistant Attorney General
> Labor Division
> (517) 373-2560
>
>
> This e-mail message and any attachments may contain privileged or
> confidential information that is protected against use or
> disclosure.  If you have received this in error, please reply
> immediately.  Any transmission to persons other than the intended
> recipient shall not constitute a waiver of any applicable privileges.
> Any unauthorized use, disclosure, copying or dissemination is
> strictly prohibited.
>
> -----Original Message-----
> From: Larry Posont [mailto:president.nfb.mi at gmail.com]
> Sent: Thursday, January 12, 2012 9:38 PM
> To: Warren, Tom (AG); president.nfb.mi at gmail.com;
> jcscot at sbcglobal.net; laschuck at juno.com; joeharcz at comcast.net; Arwood,
> Steve
> (LARA)
> Subject: foia ada 504 oma request to commissioners
>
> 20812 Ann Arbor Trail
> Dearborn Heights, MI 48127
>
> January 12, 2012
>
> Michigan Department of Attorney General
> Lansing Office
> G. Mennen illiams Building, 7th Floor
> 525 W. Ottawa St.
> P.O. Box 30212
> Lansing, MI 48909
>
> Dear Mr. Warren:
>
>   I have been requested by Mr. Joe Harcz to send all Commission
> Correspondence that has been sent between the Commission Board
> members and Director Cannon since December 8, to the present, to him
> under Freedom of Information. I am including his letter, sent
> to the board members below mine. He has repeatedly asked Director
> Cannon for this information, but it has not been sent. Please
> advise me immediately about whether I should send all of this
> information. I do not want to start a precedent that will cause
> difficulty for future Board members.
>   Mr. Cannon is being paid to do this, but is not carrying out this
> responsibility. The Commission Board consists of volunteers.
> This brings me to the other urgent question that causes me to seek
> your immediate advice. Compiling all of the documentation sent
> between a Commission Board, and the Director to send out to consumers
> should be done by a separate Secretary that is employed by and
> for the Commission Board, but does not work for the Commission for the
> Blind as an agency. Under public law, the Commission Board is
> supposed to have a separate Secretary to handle Minutes,
> correspondence, Agendas, and other clerical duties. Since we do not
> have
> this Secretary, and the Director is not fulfilling his
> responsibilities to send out information in a timely manner, what
> recourse
> and responsibility do we have as Commission Board members. Thank you
> for your immediate response to these vitally important matters.
>
> Sincerely,
>
> Larry Posont, Commission for the Blind Board Member
>                 The primary goal of the Commission for the Blind is
> the gainful employment of Michigan's blind citizens. This is
> my primary goal as a Commissioner. 





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