[nfbmi-talk] Fw: FOIA Request of 1-8-12 Response - Peckham Voc. Ind. Exp. FY2010

Tue Jan 17 16:12:22 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) ; White, Elizabeth (LARA) 
Sent: Tuesday, January 17, 2012 9:30 AM
Subject: FOIA Request of 1-8-12 Response - Peckham Voc. Ind. Exp. FY2010

January 17, 2012

Mr. Paul Joseph Harcz, Jr.

E-mail: joeharcz at comcast.net

1365 E. Mt. Morris Rd.

Mt. Morris, MI 48458

Re:  Payments to Peckham Vocational Industries Inc by LARA for FY 2010

Dear Mr. Harcz, Jr.:

This letter is in response to your January 8, 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 40 payments MCB made to Peckham Vocational Industries Inc. for fiscal year 2010.  All payments made to Peckham Vocational Industries by MCB were coded as case services under regular funding and ARRA funding.  The estimated cost to produce copies of the approximately 40 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 1/8/2012 received 1/9/2012

2.         FOIA Invoice

Cc:      Patrick Cannon

            Mel Farmer

            Susan Turney

            Elsie Duell

            Leamon Jones

            Elizabeth White

From: joe harcz Comcast [mailto:joeharcz at comcast.net]  

Sent: Sunday, January 08, 2012 2:18 PM 

To: Cannon, Patrick (LARA) 

Cc: Larry Posont MCB Comm.; lydia Schuck MCB Comm.; John Scott MCB Comm.; Richard 

Bernstein Esq; Elmer Cerano MPAS; Arwood, Steve (LARA); nfbmi-talk at nfbnet.org; Craig 

McManus RSA 

Subject: request peckham fy 2010 info

ADA Request Transparency Peckham FY 2010 Expenditures

January 8, 2012

Paul Joseph Harcz, Jr.

1365 E. Mt. Morris Rd.

Mt. Morris, MI  48458

To:

Patrick D. Cannon

Director, Michigan Commission for the Blind

(Via E-mail)

Dear Director Cannon,

I am writing today to ask for some more detail on the following expenditures from the MI 

Transparency web site:

"Payments to PECKHAM VOCATIONAL INDUSTRIES INC by LICENSING AND REGULATORY AFFAIRS for fiscal year 2010

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

Table with 3 columns and 3 rows

Agency Name

Category Description

Payment Totals

LICENSING AND REGULATORY AFFAIRS

Payments to School Districts Local Units and Others

$3,162.12

LICENSING AND REGULATORY AFFAIRS

Contractual Services Supplies and Materials

$595,334.11"

Precisely I wish to have the MCB component of these expenditures broken down. I want to know who, what, when, where, why and how these funds were for.

In other words what fee for services, assessments, etc. did the MCB share go to?

It should not be difficult for you to do this since you already clearly spent the money.

In addition I wish to inquire about how these services were delivered accessibly to people who are blind using them and what assurances MCB made in its dealings with Peckham to ensure Americans with Disabilities Act, Section 504 and for that matter Section 508 of the Rehabilitation Act compliance for all of its programs and services that MCB paid for with its funds.

I expect that you know by now I request this information as either a Word document and/or plain text enclosure sent to my e-mail address listed above as I am blind and invoke the ADA and 504 in these regards. In addition I wish for a hard copy spread sheet in contracted (Grade Two) Braille sent in a timely manner to my mailing address listed above.

A failure to respond to this request in a timely manner let alone a failure to remit it is indeed a violation of my civil rights pursuant to obligations of MCB and yourself, Mr. Cannon.

Sincerely,

Paul Joseph Harcz, Jr.

Cc: MCB Commissioners

Cc: Arwood, Steve, LARA

Cc: Elmer Cerano, NISH, MPAS

Cc: RSA

Cc: NFB MI

Cc: Richard Bernstein, Esq.

ATTACHMENT - INVOICE

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.net

1365 E. Mt. Morris Rd.

Mt. Morris, MI 48458

REQUEST RECEIVED:  January 8, 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 ask for some more detail on the following expenditures from the MI Transparency web site:  "Payments to PECKHAM VOCATIONAL INDUSTRIES INC by LICENSING AND REGULATORY AFFAIRS for fiscal year 2010, MCB Component"

INVOICE CALCULATIONS

LABOR 

            Locating and Duplicating Cost:  

                        Number of Hours: 5 hours times Hourly Rate: $25.10 = Amount: $125.50

            Examining and Extracting Cost:  

                        Number of Hours: 1 times Hourly Rate: $25.10 = Amount:  $25.10

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:              $150.60

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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