[nfbmi-talk] Fw: FOIA

Sat Dec 7 00:53:10 UTC 2013

Dear Mr. Rodgers et all,

You openly wonder in response to the testimony of Fred Wertzel if the referenced $745,000 charge to my person for one so-called FOIA request referenced at the last public meeting was for one request or for cumulative requests as if $745,000 even for one citizen asking for public documentation of public events over time which should be for the most part totally accessible to all, wasn't absurd enough on its face.

But I submit with no charge to you or anyone else the attached in its own ludicrous words timed and dated and accessible to you, me and the citizen behind the tree.

This went to the illegal usurping by the way f federally funded VR programs, funds and the illegal, immoral and totally insane (for lack of better words) Executive Order 2012-2 and all the ugly goo that went in to that mix including the stealling of control over programs and funding for the blind programs here in Michigan both under the Federal Rehabilitation Act and Public Act 260.

But facts are facts and documented facts are documented facts and I save my e-mails to document the utter absurdities of all of this massive fraud upon the public.

In other words I don't make this stuff up and never have.

You and your superiors have taken this clear cut response and abusive behavior by any measure and magnified it over and over again.

Of course you owe your $128,000 per year salary do to this decision and subsequent EO by dictate of Governanor Snyder 2012-10.

But netiher you or Zimmer or anyone else have any conflicted interests in all of this right?
Joe Harcz

----- 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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