[nfbmi-talk] Fw: Response to FOIA Request Dated March 5, 2012

Sat Mar 24 21:30:03 UTC 2012

----- Original Message ----- 
From: Haynes, Carla (LARA) 
To: joe harcz Comcast (joeharcz at comcast.net) 
Cc: Cannon, Patrick (LARA) ; Farmer, Mel (LARA) ; Turney, Susan (LARA) ; Luzenski, Sue (LARA) ; Duell, Elsie (LARA) 
Sent: Thursday, March 22, 2012 5:05 PM
Subject: Response to FOIA Request Dated March 5, 2012

March 22, 2012

Mr. Paul Joseph Harcz, Jr.

E-mail: joeharcz at comcast.net

1365 E. Mt. Morris Rd.

Mt. Morris, MI 48458

Re:  FOIA Request on Recording/Staff Questions at Meeting

Dear Mr. Harcz:

This notice via email is in response to your March 5, 2012, email request received by this office on March 6, 2012, for copies of existing, nonexempt public records under the state's Freedom of Information Act (FOIA), MCL 15.231 et seq. which you describe as:

"any recordings of the staff meeting and all staff questions at the recent meeting between Michigan Commission for the Blind Director Patrick Cannon and MCB staff relative to the impact of Executive Order No. 2012 -2."

Pursuant to MCL 15.235, Section 5(2)(a) of the Michigan FOIA, your request is granted as to existing, nonexempt records in the possession of the Department falling within the scope of your request, subject to MCL 15.234 of the FOIA.

MCL 15.234, Section 4(1) of the Michigan 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 estimates that 65-70 staff people were involving in the staff meeting you referenced in your request.  Each of these staff persons will be required to search for records in response to your request which will take approximately 10 minutes each to search for, locate, and retrieve any notes, emails, etc. to determine if they are responsive to your request; and to examine and review the responsive records for possible statutory exemptions from public disclosure.  Pursuant to MCL 15.234, Section 4(3) of the FOIA, the Department 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 (General Office Assistant 5 at $25.10/hour including fringe benefits) capable of performing the necessary tasks to comply with your request, including the waiver of $20.00, is $251.92.  This estimated processing cost is based on the following calculations:

-10 minutes x 65 employees = 650 minutes = 10.8 hours

-10.8 hours x $25.10 = $271.08

-$271.08 - $20.00 indigency waiver - $251.08

Therefore, in order for the Department to continue the processing of this particular request, based on the hourly wages of the lowest paid Department employee capable of performing the necessary tasks to process the request, under MCL 15.234, Section 4(2) of the Michigan FOIA, the Department requires a good faith deposit payment of $125.54 (50% of the $251.08) which includes the $20.00 fee waiver per MCL 15.234, Section 4(1) of the FOIA.  See the attached FOIA invoice outlining payment instructions.

After receipt of the good faith deposit of $125.54 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; will explain any statutory basis for any claimed exemptions; and inform you of your remedial rights.

Sincerely,

Carla Miller Haynes, FOIA Coordinator

Michigan Commission for the Blind

cc:     Patrick Cannon

          Mel Farmer

          Susan Turney

          Sue Luzenski

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.com

1365 E. Mt. Morris Road

Mt. Morris, MI  48458

REQUEST RECEIVED:  March 6, 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:

"any recordings of the staff meeting and all staff questions at the recent meeting between Michigan Commission for the Blind Director Patrick Cannon and MCB staff relative to the impact of Executive Order No. 2012 -2."

INVOICE CALCULATIONS

LABOR 

          Locating, Examining and Extracting Cost:  

                   Number of Hours: 10.8 hrs. x Hourly Rate: $25.10 = Amount:  $271.08

TOTAL LABOR:         $271.08

POSTAGE (estimate):          $0

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

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

SUBTOTAL:      $

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

INVOICE TOTAL:       $251.08

DEPOSIT* $125.54

BALANCE TO BE PAID:     $125.54

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.

From: joe harcz Comcast <joeharcz at comcast.net>

Sent: Monday, March 05, 2012 9:02 AM

To:   Farmer, Mel (LARA)

Cc:   Haynes, Carla (LARA); Larry Posont MCB Comm.; John Scott MCB 

Comm.; lydia Schuck MCB Comm.; Cannon, Patrick (LARA); Arwood, 

Steve  (LARA); Craig McManus RSA; Joe Sibley MCBVI Pres.; nfbmi-

talk at nfbnet.org; Elmer Cerano MPAS; Richard Bernstein Esq

Subject:    foia related to staff meeting

FOIA Related to MCB Staff Meeting

March 5, 2012

Paul Joseph Harcz, Jr.

1365 E. Mt. Morris Rd.

Mt. Morris, MI  48458

joeharcz at comcast.net

Melvin Farmer, FOIA, LARA

Carla Haines, FOIA, MCB

(via e-mail)

Dear Mr. Farmer and Ms. Haynes,

I am writing today to request any recordings of the staff meeting and all staff questions at the recent meeting between Michigan Commission for the Blind Director Patrick Cannon and MCB staff relative to the impact of Executive Order No. 2012 -2 .

Note as a blind person any correspondences related to this request and indeed any print remissions must be made in accessible format without a surcharge for services pursuant to known obligations under the ADA and Section 504 of the Rehabilitation Act.

To wit: remit same as either Word attachments and/or plain text enclosures to my e-mail address listed above.

Sincerely,

Paul Joseph Harcz, Jr.

Cc: MCB Commissioners

Cc: S. Arwood, LARA

Cc: NFB MI

Cc: RSA

Cc: MCBVI

Cc: Elmer Cerano MPAS

Cc: Richard Bernstein, Esq.

Cc: Patrick Cannon

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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