[nfbmi-talk] Fw: FOIA
joe harcz Comcast
joeharcz at comcast.net
Wed Mar 7 23:14:44 UTC 2012
----- Original Message -----
From: joe harcz Comcast
To: Farmer, Mel (LARA)
Sent: Wednesday, March 07, 2012 6:12 PM
Subject: Re: FOIA
Dear Mr. Farmer,
We might need a U.S. and Michigan Attorney General's ruling on such recent purges of information as those you suggest don't you think.
Regardless we might also need some court actions which you will surely lose, but don't forget the federal civil rights ramifications here as you've violated my civil rights and again those of my class over and over again on these accounts using your abuses of State law...I certainly will be asking several attorney's at law about this issue as you present it as well as those within the Michigan attorney General's office. And if that is not enough I'm going for personal actions against yourself and others in this sordid affair.
I've already sent both your ludicrous e-mail here and the cc's of these principles in law involved have gone viral, aka the internet.
Best thing I can figure here for yourself and others involved is to be as open, transparent and well.. transparent and not to continue to obfiscate...
as you are as possible...otherwise ...well you know follow the laws of this land and not try to snow and mess with a man who is blind just because he is blind.
That sort of thing can get folks like yourself in a whole lot of trouble and it sure can get the ones you are covering for in more trouble.
Say have you heard of "spoliation"?
Well I'm sure the feds and the Michigan A.G. have heard of that term.
Now, Mr. Farmer when you go to Federal Court are you certain that you wish to report that those cited actually destroyed electronic records as you've suggested herein?
and are you sure as FOIA officer for the LARA personnel whom have violated state and federal laws here as you've suggested: namely Hilfiger, Zimmer, Atwood, Cannon, et al that you, Mr. Farmer wishes to fall upon his sword to protect them in these regards?
Or do you wish for me to pay your sorry behind quadzillions in personal funds for public records that should be made public in the first instance? Let me tell you sir the only one paying for anything in these regards will be yourself in court orders and that goes to the scofflaws you are covering for too.
I'm really getting pretty tired of dealing with pathetic public officials here like yourself who is supposed to make public records accessable and who because of my blindness and poverty preys upon me in such a vicious manner that is most ludicrous and a violation of civil and Constitutional rights upon its very face.
and I think it is a matter of federal investigation and again there are issues of spoliation of records that are criminal in nature involved here.
The choices for you, Mr. Farmer are whether or not you are going to remit required documents to this citizen and to the public or whether or not you risk criminal charges.
For suborning spoliation by other means is indeed a criminal offense as are spoliation of anything or aiding and abetting in same.
Now this said I'm formally requesting right now from you Mr. Farmer any directive from the likes of Hilfiger, Arwood, Zimmer or anyone at LARA or any other agency of government to deny me access to these records by any means including those aforementioned.
Moreover, these documents and requests will be going to federal and state over site committees of both Parties, and again will become viral so-to-speak.
My requests for information in all of these regards have and will continue to go to all sorts of media and to all sorts of legal and other resources.
Moreover, once again as you've continued to prey upon my poverty and my blindness you, sir have made yourself liable to 1983 actions for your personal abuses of my very civil rights established and codified under both the First Amendment on several grounds, and Article V of the 14th Amendment "due process and equal protection" clause as defined under the ADA and the Rehabilitation Act, Section 504.
In short you make yourself culpable to actions and to damages and awards personally by acting in such a fashion depriving myself and my class of fundamental civil rights protections knowingly. Thus the best resort is to give up the information as requested and not to engage in any other further civil rights or allegedly criminal activities including what amounts to a bullying cover up of events here sir.
Most sincerely and With Litigation and Damages in Mind,
Paul Joseph Harcz, Jr.
cc: Richard Bernstein, Esq.
cc: senator John Gleason
cc: MCBCommissiniors
cc: Tom Quasarno, Michigan Attorney General's Office
cc: Michigan Attorney General
cc: Senator Debbie Stabenow
cc: Office for Civil Rights U.S. department of Ed.
cc: Michigan ACLU
cc: U.S. Department of Justice
cc: several media outlets
cc: several State of Michigan Legislators of Both Parties
Message -----
From: Farmer, Mel (LARA)
To: 'joe harcz Comcast'
Cc: Haynes, Carla (LARA) ; Cannon, Patrick (LARA)
Sent: Wednesday, March 07, 2012 1:57 PM
Subject: RE: FOIA
Mr. Harcz, for your information, the records retention policies you refer to are applicable for hard copy records, not PC emails. PC emails are routinely purged by employees, or the DTMB controlled system that automatically deletes emails not purposely saved. This is routinely done to maintain bandwith capacity on the state's internet system.
Thusly, without DTMB first performing a search for and retrieval of all purged emails of the 9 employees indicated in my response, the Department will not be able to review and determine whether any of them may responsive to your February 29, 2012 request.
------------------------------------------------------------------------------
From: joe harcz Comcast [mailto:joeharcz at comcast.net]
Sent: Wednesday, March 07, 2012 11:31 AM
To: Farmer, Mel (LARA)
Subject: Re: FOIA
March 7, 2012
Dear Mr. Farmer,
I am writing today to note one element of your ludicrous response here.That is your allusion to records that have been and may have been "purged" related to this FOIA and related laws request.
We have state and federal issues at stake here. We have several laws at issue and now hundreds of millions of funds at stake.
Now I ask you this: "What documents have been purged"?
By the way how does this all jive with requirements for document retention under various laws and how might this all jive in lay terms with the "False Statements Act"?
There needs to be and will be a Federal investigation of this issue sir.
Sincerely,
Paul Joseph Harcz, Jr.
----- Original Message -----
From: Farmer, Mel (LARA)
To: 'joe harcz Comcast'
Cc: Cannon, Patrick (LARA) ; Haynes, Carla (LARA) ; Burton, Diane (LARA)
Sent: Tuesday, March 06, 2012 11:59 AM
Subject: FW: FOIA
March 6, 2012
Mr. Paul Joseph Harcz, Jr.
E-mail: joeharcz at comcast.net
1365 E. Mt. Morris Rd.
Mt. Morris, MI 48458
Re: Executive Order 2012-2 Email Records Request
Dear Mr. Harcz:
This notice is in response to your February 29, 2012 email request to me for copies of existing, nonexempt public records you describe as:
".any e-mail correspondence between any personnel within the Michigan Department of Licensing and Regulatory Affairs during the past two months relative to any transfers in fact or in the powers and duties of the Michigan Commission for the Blind including its board that went into Executive Order No. 2012-2."
Please be informed that the Department is processing this request under the state's Freedom of Information Act (FOIA), MCL 15.231 et seq.
Pursuant to MCL 15.235, Section 5(2)(a) of the state's FOIA ,your request is granted as to existing, nonexempt records in the possession of the Department falling within the scope of your request; and subject to the payment of processing fees assessed per MCL 15.234 of the FOIA.
MCL 234, Section 4(1) of the state's FOIA provides that a public body may charge a fee for public record search, including costs, for the search, examination, review, and the deletion and separation of exempt from nonexempt information. The Department has determined that no Michigan Commission for the Blind staff have any records related to this particular request. The Department has also determined that at least nine executive level employees will have to be drawn away from their respective duties and assignments for an average of one hour each to search for, locate, and retrieve email records from December 29, 2011 through February 29, 2012 to determine if they are responsive to your request; and to examine and review the responsive records for possible statutory exemptions from public disclosure. Further, as it is possible that some emails responsive to this request may have been purged during the timeframe of this request, the Department requested that the Michigan Department of Technology, Management and Budget (DTMB) provide an estimate of costs to search for and retrieve purged records that may be responsive to this request. The DTMB estimate (see attached) is $745,416.00 .
The Department's estimated costs to process this request, based on the hourly wages ($62.34 /hr, including fringe benefits) of the lowest paid Department employee ( State Division Office Administrator 17)capable of performing the necessary tasks to comply with your request, including the waiver of $20.00, is $541.06 .This estimated processing cost is based on the following calculations:
--9 employees X 9 hours = 9 hours
--9 hours X $62.34/hour = $561.06
--$561.06 - $20.00 indigency waiver = $541.06
The combined DTMB and Department estimated costs to process this particular request is $745,957.06, including the indigency waiver of $20.00.
For the abovementioned reasons and pursuant to MCL 14.234, Section 4(3) of the state's FOIA, the Department has determined that failure to charge a fee in this particular instance would result in unreasonably high costs and undue financial and administrative burdens to the Department.
In order for the Department to continue the processing of this particular request, based on the above and pursuant to MCL 15.234, Section 4(2) of the state's FOIA, the Department requires a good faith deposit payment $372, 978.53 (50% of the $ 745,957.06 estimated cost)
which includes the $20.00 fee waiver per MCL 15.234, Section 4(1) of the FOIA. See the attached FOIA invoice illustrating payment instructions
After receipt of the good faith deposit of $372,978.53 and upon completing the processing of your request, the Department will notify you in writing of any balance due and payable (or owed you) before copies of the requested records are forwarded to you; explain any statutory basis for any claimed exemptions; and inform you of your remedial rights.
Sincerely,
Melvin Farmer, Jr.
Central FOIA Coordinator
Attachment
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
FREEDOM OF INFORMATION ACT INVOICE
NAME AND ADDRESS OF REQUESTER:
Mr. Paul Joseph Harcz, Jr.
E-mail: joeharcz at comcast.com
1365 E. Mt. Morris Road
Mt. Morris, MI 48458
REQUEST RECEIVED: February 29, 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: MCB 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:
Copies of E-MAIL CORRESPONDENCE OF ALL DEPARTMENT EMPLOYEES RELATED TO EXECUTIVE
ORDER 2012-2 FROM DECEMBER 29, 2011 THROUGH FEBRUARY 29, 2012.
INVOICE CALCULATIONS/INSTRUCTIONS
LABOR COST ESTIMATE
--Search/Review: Hours: 9 hrs. x Hourly Rate: $62.34 = $561.06
POSTAGE (estimate): --
DUPLICATING: Number of Pages times Copying Rate of $.25 --
OTHER (overtime, audio tapes, discs, photos, security, etc.): $745,416.00
SUBTOTAL: $745,977.06
Less waived indigency offset: $ 20.00
INVOICE TOTAL: $745,957.06
DEPOSIT* $372,978.53
REMAINING AMOUNT TO BE PAID: $372,978.53
Make check or money order payable to:
STATE OF MICHIGAN
Department of Licensing and Regulatory Affairs
Office Services Mailroom
7150 Harris Drive, PO Box 30015
Lansing, MI 48909
PLEASE RETURN/REFER TO 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.
DTMB ATTACHMENT
From: Surapaneni, Ramakrishna (DTMB)
Sent: Monday, March 05, 2012 4:23 PM
To: Sparks-Boak, Dorinda (DTMB)
Subject: RE: FOIA
Dorinda
Estimate without Governor's email accounts
Approximately 56 days backups to restore
Number of stores to restore around 6
Number mailboxes = 9 estimate ( 9 clients in 6 stores)
Number of stores to restore 56 X 6 = 336
Cost 6 stores to restore per date = 2218.50
Total estimated cost (2218.50 X 336) = $745416.00
Ram
R Surapaneni
State of Michigan - DTMB
From: Sparks-Boak, Dorinda (DTMB)
Sent: Monday, March 05, 2012 8:23 AM
To: Surapaneni, Ramakrishna (DTMB)
Subject: RE: FOIA
Roughly 9 or so:
Steven Hilfinger
Steve Arwood
Mike Zimmer
Melanie Brown
Diane Burton
Karen Towne
MCB Director Cannon
MCB Commissioners??? - No names given here
Governor's E-mail??
From: Surapaneni, Ramakrishna (DTMB)
Sent: Monday, March 05, 2012 8:20 AM
To: Sparks-Boak, Dorinda (DTMB)
Subject: RE: FOIA
Dorinda
Can you provide number of email accounts and their names to estimate cost for FOIA?. We do not have access to their archives(.pst files). Ram
R Surapaneni
State of Michigan - DTMB"
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