[nfbmi-talk] Fw: FOIA Response

Fri Aug 30 03:09:32 UTC 2013

Joe, have you contacted your local Legal Aid Society? This response could actually constitute a significant degree of Harassment against you, particularly when taken in conjunction with the numerous, repeated denials and unreasonable costs that the BS for BP has given you in response to your own, quite lawful and reasonable FOIA requests.  In fact, the majority of agencies across the country would release the state plan to you without the need for a formal request, and yes before it is approved by RSA.  Generally there are public forums held as the State Plan is being developed, and people who are blind or who are interested in services for persons who are blind, are actually invited to these forums and encouraged to give public comment. RSA asks that such public comment be included with state plan submissions and, shockinly enough the other 49 states generally comply with these requirements, as do the United States territories that participate in the Federal Vocational Rehabilitation program!  These are indeed dark times here in Michigan.  

Boone Christine Sent from my iPhone

On Aug 29, 2013, at 5:35 PM, "joe harcz Comcast" <joeharcz at comcast.net> wrote:

> 
> ----- Original Message ----- 
> From: joe harcz Comcast 
> To: Haynes, Carla (LARA) 
> Sent: Thursday, August 29, 2013 5:34 PM
> Subject: Re: FOIA Response
> 
> 
> This was an ADA/504 request and this response is simply in a word: Nuts.
> 
> 
>  ----- Original Message ----- 
>  From: Haynes, Carla (LARA) 
>  To: joe harcz Comcast (joeharcz at comcast.net) 
>  Cc: Rodgers, Edward (LARA) ; Luzenski, Sue (LARA) ; Pemble, Mike (LARA) ; Belknap, Katie (LARA) ; Duell, Elsie (LARA) ; Edmonds, Lucy (LARA) 
>  Sent: Thursday, August 29, 2013 5:17 PM
>  Subject: FOIA Response
> 
> 
>  August 29, 2013 (Sent via Email and US Mail, Prepaid on this date)
> 
> 
> 
>  Mr. Paul Joseph Harcz, Jr.
> 
>  E-mail: joeharcz at comcast.net
> 
>  1365 E. Mt. Morris Rd.
> 
>  Mt. Morris, MI 48458
> 
> 
> 
>  Re:  FOIA Response to Request for Information
> 
> 
> 
>  Dear Mr. Harcz, Jr.:
> 
> 
> 
>  This email is in response to your August 9, 2013, email request for copies of public records, received on August 10, 2013, in this office which the Bureau of Services for Blind Persons (BSBP) is processing under the state's Freedom of Information Act (FOIA), MCL 15.231 et seq.  On August 16, 2013, an extension was taken until August 30, 2013.
> 
> 
> 
>  You have requested information as described in your email as:
> 
>  "-The recent state plan submission made to RSA
> 
>  -All of the transcripts of the "commission" meetings to date"
> 
> 
> 
>  Your request is granted in part and denied in part.
> 
> 
> 
>  In regards to your request for "the recent state plan submission made to RSA", this request is denied under FOIA, MCL 15.243, Section 13 (m).  The submissions to RSA have not been approved and are preliminary to the final RSA approval.  By releasing this information prior to approval, frank communication between RSA, LARA and the Bureau of Services for Blind Persons would be discouraged between the parties.
> 
> 
> 
> 
> 
>  Response - P.J. Harcz, Jr.
> 
>  August 29, 2013
> 
>  Page 2 of 3
> 
> 
> 
> 
> 
> 
> 
> 
> 
>  In regards to your request for "all transcripts of the "commission" meetings to date", your request is granted as to the approved transcripts.  The documents responsive to your request are two transcripts from meetings of January 17, 2013, and March 28, 2013.  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.  In order to complete the processing of your request, and based on the hourly wages and benefits of the lowest paid Department employee capable of performing the necessary tasks to process your request, we are requesting a deposit of $30.79 in order to begin the processing of this request.  An invoice is attached that outlines the costs.
> 
> 
> 
>  Once payment is received for the deposit, we will process your request, and request payment for the total amount of the actual cost of the request.  When we receive this payment, we will send the transcripts to you on a USB flash drive, via the U.S. Mail.
> 
> 
> 
> 
>  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. Steve Arwood, 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.
> 
> 
> 
> 
> 
>  Response - P.J. Harcz, Jr.
> 
>  August 28, 2013
> 
>  Page 3 of 3
> 
> 
> 
> 
> 
> 
> 
> 
> 
>  Sincerely,
> 
> 
> 
>  Carla Miller Haynes, FOIA Coordinator
> 
>  Bureau of Services for Blind Persons
> 
> 
> 
>  Attachments:  Two
> 
>  1.      Invoice 
> 
>  2.      Request for Information
> 
> 
> 
> 
> 
>  cc:     Edward F. Rodgers II
> 
>            Sue Luzenski
> 
>            Mike Pemble
> 
>  Katie Belknap
> 
>            Elsie Duell
> 
>            Lucy Edmonds
> 
>            Constance Zanger
> 
>            James Hull
> 
> 
> 
> 
> 
> 
>  DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
> 
>  BUREAU OF SERVICES FOR BLIND PERSONS
> 
>  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:  August 10, 2013
> 
>  TYPE OF REQUEST:  Email
> 
>  REQUEST PARTIALLY DENIED:  Yes
> 
>  EXEMPT INFORMATION WITHHELD/REDACTED:  To be determined
> 
>  EXTENDED RESPONSE NOTICE ISSUED:  Yes
> 
>  REQUESTED INFORMATION WILL BE:  Emailed/Invoiced For 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:
> 
> 
> 
>  "-The recent state plan submission made to RSA
> 
>  -All of the transcripts of the "commission" meetings to date"
> 
> 
> 
>  INVOICE CALCULATIONS
> 
> 
> 
>  LABOR 
> 
>            Locating and Duplicating Cost:  
> 
>  Number of Hours: .5 hrs. x Hourly Rate: $31.06 = Amount:      $15.53
> 
>            Examining and Extracting Cost:  
> 
>                     Number of Hours:  1 hrs. x Hourly Rate: $31.06 = Amount:                          $31.06
> 
>  TOTAL LABOR:           $46.58
> 
>  POSTAGE (estimate):          $5.00
> 
>  DUPLICATING:  Number of Pages (0) times Copying Rate of $0
> 
>  OTHER (overtime, audio tapes, discs, photos, security, etc.):  $10.00 (USB Flash Drive)
> 
> 
> 
>  SUBTOTAL:
> 
>  Less waived indigency fee under FOIA Act MCL 15.234 Section 4(1)       
> 
> 
> 
>  INVOICE TOTAL:        $61.59
> 
> 
> 
>  DEPOSIT* $30.79
> 
> 
> 
>  BALANCE TO BE PAID*:     $30.80
> 
> 
> 
>  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 [mailto:joeharcz at comcast.net]  
> 
>  Sent: Friday, August 09, 2013 1:03 PM 
> 
>  To: Rodgers, Edward (LARA) 
> 
>  Cc: Marlene Malloy MRC Dir; Craig McManus RSA; nfbmi-talk at nfbnet.org; MARK MCWILLIAMS 
> 
>  Subject: requestfor information ada etc
> 
> 
> 
>  August 9 2013 Request BSBP
> 
> 
> 
>  Paul Joseph Harcz, Jr.
> 
>  1365 E. Mt. Morris Rd.
> 
>  Mt. Morris, MI  48458
> 
>  joeharcz at comcast.net
> 
> 
> 
>  To: Ed Rodgers
> 
>  Director Bureau of Services for Blind Persons
> 
> 
> 
>  (Via E-mail)
> 
> 
> 
> 
> 
>  Dear Mr. Rodgers,
> 
> 
> 
>  As an advocate who is blind I am requesting the following accessible information from you:
> 
> 
> 
>  -The recent state plan submission made to RSA
> 
>  -All of the transcripts of the "commissions" meetings to date
> 
> 
> 
> 
> 
>  I make these requests in accordance with known obligations under both Title I, and Section 504 of the Rehabilitation Act of 1973, as well as those requiring effective communications (without surcharge) pursuant to Title II, of the Americans with Disabilities Act of 1990 (subpart e, communications).
> 
> 
> 
> 
> 
> 
> 
>  To wit: I request the documents are sent to me as either Word attachments, or plain text enclosures to my e-mail address listed above for  I use screen reading technology.
> 
> 
> 
>  I thank you in advance for your prompt and accessible response.
> 
> 
> 
>  Sincerely,
> 
> 
> 
>  Paul Joseph Harcz, Jr.
> 
> 
> 
>  Cc: file
> 
>  Cc: NFB MI
> 
>  Cc: MPAS
> 
>  Cc: MCRC
> 
>  Cc: several
> 
> 
> 
> 
> 
> 
> 
>  Carla Miller Haynes
> 
>  LARA Bureau of Services for Blind Persons (BSBP)
> 
>  201 N. Washington Square, 2nd Floor
> 
>  P.O. Box 30652
> 
>  Lansing, MI  48909
> 
>  Telephone:  517-373-2063 or Toll-Free 1-800-292-4200
> 
>  Fax:  517-335-5140
> 
> 
> 
>  www.michigan.gov/bsbp
> 
> 
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