[nfbmi-talk] Fw: Response to FOIA Request Dated February 2, 2012, Received March 2, 2012

Sat Dec 7 00:33:06 UTC 2013

    Sure lookes accessible and timely and in the spirit and letter of the Rehabilitation Act to me.

But then arbitrary and capricious never crossed Arwood's/Zimmer's, or Snyder's minds righ when coming to organization consumer information, let alone consumer in put right?

And this is just one of the multy thousand dollar requests for informatin abusing the right to know by this one blind person alone purpretrated by the Administration in violation of so many laws I can't count them.

And do some think I make this stuff up?

Oh and ever I am being so humble as I am to tthank all the powers that be for the $20 indenndency exeption I wouldn't need if BSBP, MCB and all these VR and related agencies didn't discriminate in documented fashion like they do in the first place.

Joe Harcz
----- Original Message ----- 
From: Farmer, Mel (LARA) 
To: 'joe harcz Comcast' 
Cc: Cannon, Patrick (LARA) ; Haynes, Carla (LARA) 
Sent: Monday, March 05, 2012 12:30 PM
Subject: FW: Response to FOIA Request Dated February 2, 2012, Received March 2, 2012

March 5, 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 email request to me  dated February 2, 2012, received March 2, 2012, for copies of existing, nonexempt public records you describe as:

".any e-mail correspondence between any personnel of the Michigan Department of Licensing and Regulatory Affairs and the United States Department of Education, Rehabilitation Services Administration prior to and related to 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, subject to 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 it's +3,600  employees will have to be drawn away from their respective duties and assignments for an average of 10-15 minutes each to search for, locate, and retrieve email records to determine if they are responsive to your request; and to examine and review the responsive records for possible statutory exemptions from public disclosure. For the above reasons, the Department, pursuant to MCL 15.234, Section 4(3) of the FOIA, 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 benefits) capable of performing the necessary tasks to comply with your request, including the waiver of $20.00, is  $18, 805.00. This estimated processing cost is based on the following calculations:

--10 to 15 minutes X 3,600 employees =36,000 & 54,000 minutes=600 to 900 hours

--600 hours & 900 hours X $25.10/hour = $15,060 & $22,590 

--$15,060 + $22,590 = $37,650 X 50% = $18,825.00 average

--$18,825.00 - $20.00 indigency waiver = $18,805.00

Therefore, in order for the Department to continue the processing of this particular request, based on the hourly wages of the lowest paid Department employees capable of performing the necessary tasks to process the request, under MCL 15.234, Section 4(2) of the state's FOIA, the Department requires a good faith deposit payment $9,402.50 (50% of the $ 18,805.00) 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 $9,392.50 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

                                                                               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:  March, 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:  E-MAIL CORRESPONDENCE FROM 

ALL  DEPARTMENT EMPLOYEES TO THE U.S. DEPARTMENT OF EDUCATION REHABILITATION SERVICES RELATED TO EXECUTIVE ORDER 2012-2

INVOICE CALCULATIONS/INSTRUCTIONS

LABOR COST ESTIMATE

--Search/Review: Hours: 600 to 900 hrs. x Hourly Rate: $25.10 =   $15,060.00 to $22,590.00

-- Average: $15,060 = $22,590 = $37,650 X 50% =                                               $18,825.00

TOTAL LABOR ESTIMATE:                                                                                                              $18,825.00

POSTAGE (estimate):     $0

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

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

SUBTOTAL:                                                                                                           $0

Less waived indigency offset:                                                                      $20.00

INVOICE TOTAL:                                                                                                                              $18,805.00

DEPOSIT*                                                                                                                                            $9,402.50

REMAINING AMOUNT TO BE PAID:                                                                                          $9,402.50

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.