[nfbmi-talk] Fw: Response to FOIA Request of 12-27-11 - Emails on New Horizons

Fri Jan 20 19:10:21 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) ; Duell, Elsie (LARA) 
Sent: Friday, January 20, 2012 2:06 PM
Subject: Response to FOIA Request of 12-27-11 - Emails on New Horizons

January 20, 2012

Mr. Paul Joseph Harcz, Jr.

E-mail: joeharcz at comcast.net

1365 E. Mt. Morris Rd.

Mt. Morris, MI 48458

Dear Mr. Harcz, Jr.:

This letter is in response to your December 27, 2011, email request for copies of public records, received on December 28, 2011, by this office of which a 10 day extension was taken to January 20, 2012.  Please be informed that the Michigan Commission for the Blind (MCB) is processing this request under the state's Freedom of Information Act (FOIA), MCL 15.231 et seq.

In your email, you requested information/records described as "any written communications during the period of November 6, 2011 and December 27, 2011 from any staff of the Michigan Commission for the Blind, but most especially Gwen McNeal, MCB East Region Supervisor, Patrick D. Cannon, MCB Director (or his Administrative Aid, Susan Luzenski) and any personnel or Board member or agents of New Horizons Rehabilitation Services, Inc. related to any alleged conflicts of interests related to Ms. McNeal serving on the Board of Trustees of New Horizons."

Pursuant to MCL 15.235, Section 5(2)(c) of the FOIA, your request is granted as to existing, nonexempt records possessed by the MCB falling within the scope of your request. 

Pursuant to MCL 15.234, Section of the FOIA, the MCB has assessed estimated, allowable costs totaling $456.90 to process this request.  This amount waives the indigency fee of $20 under FOIA Act MCL 15.234 Section 4(1).

FOIA Response - P.J. Harcz, Jr.

January 20, 2012

Page 2 of 2

Thusly, based on the amount of labor involved and the amount of material that must be produced, and reviewed regarding statutory privacy concerns, pursuant to MCL 15.234, Section 4(3) of the FOIA, the MCB must assess costs to process this request because, in this particular instance, failure to charge for search, examination, review, and deletion and separation of exempt from nonexempt information would cause MCB to incur unreasonably high costs for these activities that are excessive and beyond the normal or usual amount for these services; and would result in an undue financial and administrative burden per ADA regulations (28 CFR 35.160.164) which states:

"A public entity must ensure that its communications with individuals with disabilities are as effective as communications with others. This obligation does not require a public entity to take any action that it can demonstrate would result in a fundamental alteration in the nature of its services, programs, or activities, or in undue financial and administrative burdens."

The estimated cost of $456.90 to process this request is based on the labor time to search for, copy, and examine to redact exempt information.

Please send payment of $$228.45 as indicated on the attached invoice.

Upon receipt of payment, MCB will continue processing this request.  Subsequently, MCB will notify you of any statutory disclosure exemptions or any applicable remedial rights, and request any balance due or owed.

Sincerely,

Carla Miller Haynes, FOIA Coordinator

Michigan Commission for the Blind

Attachments - FOIA Request and Invoice

Cc:    Patrick Cannon

          Mel Farmer

          Susan Turney

From:         joe harcz Comcast <joeharcz at comcast.net>

Sent: Tuesday, December 27, 2011 10:45 PM

To:    Haynes, Carla (LARA)

Cc:    Farmer, Mel (LARA); Arwood, Steve  (LARA); John Scott MCB Comm.; 

lydia Schuck MCB Comm.; Larry Posont MCB Comm.; Craig McManus 

RSA; nfbmi-talk at nfbnet.org

Subject:     this is a foia request!

December 27 2011 FOIA Request New Horizons MCB

Paul Joseph Harcz, Jr.

1365 E. Mt. Morris Rd.

Mt. Morris, MI  48458

810-516-5262

To:

Carla Hanes

Mel Farmer

LARA/MCB FOIA

(Via e-mail)

Dear Ms. Haynes and Mr. Farmer,

I am writing today to request any written communications during the period of November 6, 2011 and December 27, 2011 from any staff of the Michigan Commission for the Blind, but most especially Gwen McNeal, MCB East Region Supervisor, Patrick D. Cannon, MCB Director (or 

his Administrative Aid, Susan Luzenski) and any personnel or Board member or agents of New Horizons Rehabilitation Services, Inc. related to any alleged conflicts of interests related to Ms. McNeal serving on the Board of Trustees of New Horizons.

I certainly would love any e-mails, as well as any print correspondences.

Thank you for your prompt response to this inquiry.

Sincerely,

Paul Joseph Harcz, Jr.

Cc: Members MCB Board

Cc: S. Arwood, LARA Deputy Director

Cc: Craig Mcmanus, RSA

Cc: NFB MI

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:  December 28, 2011

TYPE OF REQUEST:  Email

REQUEST PARTIALLY DENIED:  No

EXEMPT INFORMATION WITHHELD/REDACTED:  To be determined

EXTENDED RESPONSE NOTICE ISSUED:  Yes

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 request any written communications during the period of November 6, 2011 and December 27, 2011 from any staff of the Michigan Commission for the Blind, but most especially Gwen McNeal, MCB East Region Supervisor, Patrick D. Cannon, MCB Director (or his Administrative Aid, Susan Luzenski) and any personnel or Board member or agents of New Horizons Rehabilitation Services, Inc. related to any alleged conflicts of interests related to Ms. McNeal serving on the Board of Trustees of New Horizons.

INVOICE CALCULATIONS

LABOR 

     Locating and Duplicating Cost:  

          Number of Hours: 15 times Hourly Rate: $25.10 = Amount: $376.50

     Examining and Extracting Cost:  

          Number of Hours: 4 times Hourly Rate: $25.10 = Amount:  $100.40

TOTAL LABOR:                                                                                           $476.90

POSTAGE (estimate):                                                                                            $0

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

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

SUBTOTAL:                                                                                                  $476.90

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

INVOICE TOTAL:                                                                                         $456.90

DEPOSIT*                                                                                                      $228.45

BALANCE TO BE PAID:                                                                             $228.45

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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