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

Fri Jun 8 15:05:08 UTC 2012

Hello Joe,

Even if the document is not complete, the request for correspondence is not
protected, as I see it.

Regards,

Fred

-----Original Message-----
From: nfbmi-talk-bounces at nfbnet.org [mailto:nfbmi-talk-bounces at nfbnet.org]
On Behalf Of joe harcz Comcast
Sent: Friday, June 08, 2012 8:36 AM
To: Larry Posont MCB Comm.
Cc: lydia Schuck MCB Comm.; John Scott MCB Comm.; nfbmi-talk at nfbnet.org
Subject: [nfbmi-talk] Fw: Response to FOIA Request of 6-1-2012

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