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

Thu Jul 12 22:54:50 UTC 2012

----- 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) ; Zanger, Connie (LARA) ; Hull, James (LARA) ; Duell, Elsie (LARA) 
Sent: Thursday, July 12, 2012 4:45 PM
Subject: Amended FOIA Response to Request Dated 6-20-12 - BEP Equipment Inventory

July 12, 2012

Mr. Paul Joseph Harcz, Jr.

E-mail: joeharcz at comcast.net

1365 E. Mt. Morris Rd.

Mt. Morris, MI 48458

Re:  Amended FOIA Response on BEP Equipment Inventory

Dear Mr. Harcz, Jr.:

This letter is an amended 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 granted as to existing, nonexempt records in the possession of this department responsive to your request.

As to the denied portion of your request (email dated 7-10-11) even though under the state's FOIA, MCL 15.233, Section 3(4) & 3(5) we are not required to make a compilation, summary, or report of information, in the spirit of cooperation, if you wish, the MCB will compile an accessible spreadsheet report that is generated from the Business Enterprise System (System 7) data base.  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 

FOIA - P.J. Harcz, Jr.

July 12, 2012

Page 2 of 2

estimates that a minimum of 20 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 $502.00.

This estimate includes the labor time for creating the spreadsheet along with the research, retrieval and redaction time/costs for approximately 1500 documents relative to equipment transfers and disposals.

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 $251.00, which is one-half of the total estimated $502.00.   See the attached Invoice Calculations illustrating estimated costs and payment instructions.

Under MCL 15.240 of the state's 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 identify the reason(s) for reversal of the disclosure denial(s); or (2), you may seek judicial action in circuit court to compel disclosure within 180 days of the Department's final determination. If you prevail in court action, the court may award you reasonable attorney fees, costs, and disbursements. If the court finds the Department's actions to be arbitrary and capricious, the court shall award, in addition to any actual or compensatory damages, 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: 17 times Hourly Rate: $25.10 = Amount: $426.70

          Examining and Extracting Cost:  

                   Number of Hours: 3 times Hourly Rate: $25.10 = Amount:  $75.30

TOTAL LABOR:           $502.00

POSTAGE (estimate):          $0

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

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

SUBTOTAL:       $502.00

Less waived indigency fee under FOIA Act MCL 15.234 Section 4(1)       $0 (not requested)

INVOICE TOTAL:        $502.00

DEPOSIT* $251.00

BALANCE TO BE PAID:      $251.00

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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