[nfbmi-talk] Fw: FOIA Response
joe harcz Comcast
joeharcz at comcast.net
Fri Aug 30 03:21:09 UTC 2013
I know the right to recieve this information is explicit in actually Title I
of the Rehab Act.
That's why I didn't invoke FOIA in the first place, but see a latter post to
Mr. Ed on that issue.
Best,
Joe
----- Original Message -----
From: "Christine Boone" <christineboone2 at gmail.com>
To: "NFB of Michigan Internet Mailing List" <nfbmi-talk at nfbnet.org>
Cc: <nfbmi-talk at nfbnet.org>
Sent: Thursday, August 29, 2013 11:09 PM
Subject: Re: [nfbmi-talk] Fw: FOIA Response
> 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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>
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