[nfbmi-talk] Fw: Response to FOIA Request of 6-1-2012

[joe harcz Comcast]

The State Plan is not supposed to be a secret document.

JH
----- Original Message ----- 
From: Haynes, Carla (LARA) 
To: joe harcz Comcast (joeharcz at comcast.net) 
Cc: Cannon, Patrick (LARA) ; Luzenski, Sue (LARA) ; Farmer, Mel (LARA) ; Duell, Elsie (LARA) ; Turney, Susan (LARA) ; Lautner, Christopher J (LARA) ; Jones, Leamon (LARA) ; Gaston, Diamalyn (LARA) 
Sent: Friday, June 08, 2012 8:30 AM
Subject: Response to FOIA Request of 6-1-2012


June 5, 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 June 1, 2012, email request for copies of public records, received on June 4, 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.

 

You have requested information that you described as:  "I am requesting all information relative to the upcoming Michigan Commission for the Blind meeting (June 15, 2012) that is now or will be in the hands of the MCB Commissioners. In addition I am requesting all correspondences related to EO 2012-2 and 2012-6 as they pertain to MCB's State Plan, and all information written to date relative to the State Plan."

 

Your request is granted in part and denied in part as to existing, nonexempt records in the possession of the Department falling within the scope of your request.

 

The granted information is the information relative to the upcoming Michigan Commission for the Blind (MCB) Board meeting of June 15, 2012, (entitled the Commission Board Packet), and you should have been received this from Sue Luzenski.

 

The denied information is relative to your request of all correspondence related to EO 2012-2 and 2016-6 as they pertain to MCB's State Plan.  This information is denied under the FOIA, MCL 15.243, sec. 13(1)(m).  This 

 

Letter - P.J. Harcz, Jr.

June 8, 2012

Page 2 of 2

 

 

 

 

information is currently in discussion and is not in a final "draft" form.  The draft document will be available on our website at www.michigan.gov/mcb in the near future in order to facilitate discussion for the upcoming public meetings to be held on the State Plan.  Disclosure at this point in time will discourage frank and open communication between staff and the Michigan Commission for the Blind Commission Board.

 

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

 

/cmh

 

cc:     Patrick Cannon

          Mel Farmer

Susan Turney

Leamon Jones

          

 

 

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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