[nfbmi-talk] Fw: FOIA Response to Request Dated 6-20-12 - BEP Inventory

Tue Jul 10 16:55:34 UTC 2012

----- Original Message ----- 
From: joe harcz Comcast 
To: Haynes, Carla (LARA) 
Sent: Tuesday, July 10, 2012 12:53 PM
Subject: Re: FOIA Response to Request Dated 6-20-12 - BEP Inventory

I'm sure the Michigan Auditor General will be interested in this as will RSA.

Thank you.

Paul Joseph Harcz, Jr.
  ----- Original Message ----- 
  From: Haynes, Carla (LARA) 
  To: joe harcz Comcast (joeharcz at comcast.net) 
  Cc: Cannon, Patrick (LARA) ; Luzenski, Sue (LARA) ; Farmer, Mel (LARA) ; Turney, Susan (LARA) ; Duell, Elsie (LARA) ; Zanger, Connie (LARA) ; Hull, James (LARA) 
  Sent: Tuesday, July 10, 2012 11:38 AM
  Subject: FOIA Response to Request Dated 6-20-12 - BEP Inventory

  July 10, 2012

  Mr. Paul Joseph Harcz, Jr.

  E-mail: joeharcz at comcast.net

  1365 E. Mt. Morris Rd.

  Mt. Morris, MI 48458

  Re:  BEP Equipment Inventory

  Dear Mr. Harcz, Jr.:

  This letter is in response to your June 20, 2012, email request for copies of public records, received on June 21, 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.

  Your request is partially granted and partially denied as to existing, nonexempt records in the possession of this department responsive to your request.

  As to the granted portion 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 40 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

  FOIA - P.J. Harcz, Jr.

  July 10, 2012

  Page 2 of 2

  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 $1,204.80.

  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 $592.40, which is one-half of the total estimated $1,204.80, minus 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 5000 documents contained within the Business Enterprise Program Tracking System.  This includes an individual screen (document) for each piece of equipment plus screens (documents) for information on the transfer of this equipment.  Each record has to be accessed individually which involves multiple keystrokes to accomplish.

  As to the denial portion of your request, to the best of my knowledge, information or belief, no spreadsheets exist relative to your request and we are not required to make a compilation, summary, or report of information per the state's FOIA, MCL 15.233, Section 3(4).

  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

  Attachments: 

  1.      Email of 6-20-12

  2.      Invoice (2 pages)

  cc:     Patrick Cannon

            Mel Farmer

            Susan Turney

            Elsie Duell

            Constance Zanger

            James Hull

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

  Sent: Wednesday, June 20, 2012 1:28 PM 

  To: Cannon, Patrick (LARA) 

  Cc: Luzenski, Sue (LARA); MARK CODY; Elmer Cerano MPAS; Zimmer, Mike (LARA); Craig McManus RSA; 

  Larry Posont MCB Comm.; Joe Sibley MCBVI Pres.; lydia Schuck MCB Comm.; John Scott MCB Comm.; 

  Vendorsmi at nfbnet.org; nfbmi-talk at nfbnet.org; James Chaney EOC; Hazell Brooks 

  Subject: send me the inventory now!

  Request Cannon June 20, 2012 Accountability

  Paul Joseph Harcz, Jr.

  1365 E. Mt. Morris Rd.

  Mt. Morris, MI 48458

  E-mail: joeharcz at comcast.net

  Re: Equipment inventory

  To:

  Patrick D. Cannon

  Director, Michigan commission for the Blind 

  (Via e-mail)

  Dear Mr. Cannon

  I'm writing to you as the Director of the Michigan commission for the Blind to remit all spreadsheets, and other data related to the MCB's Equipment Inventory that is a required and ongoing obligation of your and the BEP staff. Certainly it is your and others obligations to account to for who, what, when where and why and how or federally taxpayer funded stuff is!

  This isn't rocket sconce sir. It is a matter of accounting and accountability for where and how our taxpayer's monies are accounted for. You are paid in excess of $125,000 per year to in part know just where this stuff is.

  Your job description also requires that you ensure subordinates like Zanger and Hull and Promotional Agents know where our stuff is. Yet, no one knows where anything is apparently. 

  Also this goes to the ggross dereliction of ongoing duties by PA, Josh Hoskins and his superiors including yourself in the loss of a $7,000 snack machine at he "Holt Rest Area" demolished or otherwise lost do to dereliction of known duties and that has not been responded to and there is no accountability for this or other actions/inactions by you, the boss.

  What gives here?

  Send me this inventory stuff in accessable format which is to send it to me as Word 

  attachments/and/or plain text enclosures to my e-mail adress listed above pursuent to obligations under the Rehabilitation Act of which you are well aware and title II of the ADA.

  Do it now.

  Sincerely,

  Paul Joseph Harcz, Jr.

  Cc: MCB Commissioners

  Cc: EOC

  Cc: RSA

  Cc: Mike Zimmer, LARA

  Cc: MCBVI

  Cc: NFB MI

  CC: several

  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:  June 20, 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:

  "to remit all spreadsheets, and other data related to the MCB's Equipment Inventory that is a required and ongoing obligation of your and the BEP staff."

  INVOICE CALCULATIONS

  LABOR 

            Locating and Duplicating Cost:  

                     Number of Hours: 40 times Hourly Rate: $25.10 = Amount: $1,004.00

            Examining and Extracting Cost:  

                     Number of Hours: 8 times Hourly Rate: $25.10 = Amount:  $200.80

  TOTAL LABOR:           $1,204.80

  POSTAGE (estimate):          $0

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

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

  SUBTOTAL:       $1,204.80

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

  INVOICE TOTAL:        $1,184.80

  DEPOSIT* $592.40

  BALANCE TO BE PAID:      $592.40

  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