[nfbmi-talk] Fw: FOIA

Sat Dec 7 21:18:48 UTC 2013

You really have to read in to this one. It goes in to all who really 
destroyed the /Commission and that came from DTMB and the Governor's office 
...

Read in to all the documents purged by their own admission from the system.

This is all about stealing locations from blind operators while keeping the 
federal money.

And no one on the Commission board was even in the loop at the time.

This is not only an outragious assault against the blind, but also against 
the democratic process here.

----- Original Message ----- 
From: "Terry D. Eagle" <terrydeagle at yahoo.com>
To: "'NFB of Michigan Internet Mailing List'" <nfbmi-talk at nfbnet.org>
Sent: Saturday, December 07, 2013 4:04 PM
Subject: Re: [nfbmi-talk] Fw: FOIA

> Hey Joe,
>
> First, I noticed that invoice was dated on March 6, Fred Wurtzel's
> birthdate.  Perhaps Fred would have enjoyed such a birthday greeting from
> his fondest former employer.
>
> Second, Rodgers publicly said you had about 800 FOIA requests over the 
> past
> 3 years.  Question:  Is not that 800 number factually wrong?  It seems to 
> me
> perhaps Rodgers intended to say 800 each of the past 3 year?  800 seems
> rather low to me in 3 years.  How too, would Rodgers know of the pre
> October, 2012 FOIA request number, as prior to October, 2012 Rodgers was
> extremely busy not making SOAHRS and MAHS accessible.
>
> Finally, the invoice said a level 17 would have to do the review of
> documents for release.  Do you believe the likes of Rob Essenberger could
> handle such a task?
> He first would have to leave his sleeping bag.
>
> -----Original Message-----
> From: nfbmi-talk [mailto:nfbmi-talk-bounces at nfbnet.org] On Behalf Of joe
> harcz Comcast
> Sent: Friday, December 06, 2013 7:53 PM
> To: Rodgers, Edward (LARA)
> Cc: Marlene Malloy; Steve Arwood LARA Dep; Joe Sibley MCBVI Pres.; 
> Marianne
> Dunn; Christyne.Cavataio at ed.gov; Elmer Cerano MPAS; valarie Barnum Yarger
> MISILC; pemblem at michigan.gov; nfbmi-talk at nfbnet.org; BRIAN SABOURIN;
> bsbpcommissioners at michigan.gov; zimmerm at michigan.gov; MARK MCWILLIAMS;
> commissioner-hudson at outlook.com
> Subject: [nfbmi-talk] Fw: FOIA
>
> 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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