[nfbmi-talk] Fw: FOIA Response to Request for Information on "I CanConnect"

Thu Dec 19 15:41:44 UTC 2013

This is a clear example of 1) failure of state officials not desiring to
answer a simple question ofor information that should be able to be answered
by the individual in charge of that program, and 2) using the FOIA to hide
behind that which is the truth and they really don't know because it is not
important to the administration how taxpayer money is being utilized, or in
the BS4BP case, misused and wasted on jobs of family and initimate
relationships.

Likely the truth in this case is that zero BS4BP consumers have been served
under this program, while the funds are being useed up in administration
costs.

Just like in the BADP, funds spent on an administration with no result for
consumers.  Tim Hortons is the best brainstorm and failure the BADP
administration could conceive and pursue, along with expenditure on the
Capitol snack bar, with a no-gain result, except employment for a sighted
student state employee, all done with rehabilitation funds.  Follow the
relationships, and one will discover where the rehabilitation funds are
being spent.  

-----Original Message-----
From: nfbmi-talk [mailto:nfbmi-talk-bounces at nfbnet.org] On Behalf Of joe
harcz Comcast
Sent: Wednesday, December 18, 2013 12:20 PM
To: nfbmi-talk at nfbnet.org
Subject: [nfbmi-talk] Fw: FOIA Response to Request for Information on "I
CanConnect"

Just a reminder of the clearly discriminatory actions of BSBP/Hanes/Rodgers
in this regard.

They've got this information at their fingertips and in accessable format!
----- Original Message ----- 
From: Haynes, Carla (LARA) 
To: joe harcz Comcast 
Cc: Rodgers, Edward (LARA) ; Luzenski, Sue (LARA) ; Pemble, Mike (LARA) ;
Belknap, Katie (LARA) ; Jones, Leamon (LARA) ; Gaston, Diamalyn (LARA) ;
Caldwell, Cynthia (LARA) ; Duell, Elsie (LARA) 
Sent: Tuesday, November 26, 2013 1:18 PM
Subject: FOIA Response to Request for Information on "I Can Connect"

November 26, 2013

Mr. Paul Joseph Harcz, Jr.

E-mail: joeharcz at comcast.net

1365 E. Mt. Morris Rd.

Mt. Morris, MI 48458

RE:  Request for Information on "I Can Connect"

Dear Mr. Harcz, Jr.:

This email is in response to your October 25, 2013, email request for
information, received by this office on October 28, 2013.  Please be advised
that the Bureau of Services for Blind Persons (BSBP) is processing this
request under the state's Freedom of Information Act (FOIA), MCL 15.231 et
seq.

You have requested information as described in your email as:

"Could you simply give me two aggregate numbers since you assumed the
Director's position of BSBP relative to the "I Can Connect" (Deaf-Blind
program funded by the FCC?

The first very simple question is: how many (just a simple number please)
Deaf-Blind clients have been served by BSBP through this program?

And two: Please give me an aggregate dollar amount of money expended for
acquisition and training for these clients."

Please be informed that the purpose of the FOIA is to provide the public
with access to existing, nonexempt public records of public bodies.  It is
not the purpose of the FOIA to permit persons to secure, from a public body,

Letter - P.J. Harcz, Jr.

November 26, 2013

Page 2 of 3

answers to questions that incidentally may be reduced to a writing as that
term is defined under section 2(h) of the FOIA.  If a person submits a 

request for information in the form of a question, and the public body
possesses records containing the information, the public body is obligated
to provide the records even though the records were not specifically
described in the request.

So, pursuant to MCL 15.234, Section 4(3) and MCL 15.235, Section 5(2)(c) of
the state's FOIA, your request is partially granted and partially denied as
to existing, nonexempt public records within LARA responsive to your
requests/questions.

Regarding the granted portions of your requests, MCL 15.234, Section 4(3) of
the FOIA, provides that a public body may charge certain processing costs
related to complying with FOIA requests, including labor for public record
searches; records examination, review, the deletion and separation of any
exempt from nonexempt material; any duplication or publication; and any
mailing costs.  The labor costs are based on the hourly wages, including
benefits, of the lowest paid LARA employee(s) capable of performing tasks
necessary to comply with a FOIA request.  To process these particular
requests, the lowest paid capable employee(s) must be drawn away from their
respective duties and assignments for an estimated minimum of 7 hours at an
estimated cost of $257.36.  Due to the aforementioned reasons and published
policies and procedures, LARA has determined that failure to charge a fee,
in this particular instance, will result in unreasonably high costs to LARA.

Please note that nothing within the federal American with Disabilities Act 

(ADA), Section 504 of the federal Rehabilitation Act of 1973 (RA), as
amended, or the state's FOIA (MCL 15.231 et seq.) requires a public body to
process FOIA requests free of charge.  Further, while the ADA and Section
504 of the RA may mandate that, upon request, certain FOIA requested
material be produced in an accessible format without charge,

Letter - P.J. Harcz, Jr.

November 26, 2013

Page 3 of 3

neither statute/regulation preclude a public body from charging certain 

other processing costs under the state's FOIA.  Therefore, please note that
no labor fee charges have been, or will be, assessed to convert existing,
nonexempt public records responsive to your requests into an accessible
format to provide to you.

The estimated cost calculations regarding these particular requests are:

--Searching for and duplication of records

  General Office Asst. 5 @31.37/hr. (including benefits) X 7 hrs. =$219.59

--Examining and separating exempt information

  Secretary 7 @ 37.77/hr. (including benefits) X 1 hrs=
$37.77

-Other - to be determined depending on the amount of information

Total estimated processing cost =
$257.36

To begin the processing of your request, LARA requires a deposit of 50% of
the estimated costs which is $128.68.  Please see attached invoice for
further information regarding this.

Upon receipt of the deposit of $128.68, as instructed, LARA/BSBP will notify
you of any balance due LARA/BSBP, or owed to you before any responsive
records are forwarded/transmitted. If no balance is owed, LARA/BSBP will
complete the processing of your FOIA request; inform you of any claimed
exemptions and/or disclosure denials; and inform you of your statutory
remedial rights.

Sincerely,

Carla Miller Haynes, FOIA Coordinator

Bureau of Services for Blind Persons

cc:     Edward F. Rodgers II, Sue Luzenski

Mike Pemble, Katie Belknap

Leamon Jones, Cindy Caldwell

          Elsie Duell

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:  October 25, 2013

TYPE OF REQUEST:  Email

REQUEST PARTIALLY DENIED:  To be determined

EXEMPT INFORMATION WITHHELD/REDACTED:  To be determined

EXTENDED RESPONSE NOTICE ISSUED:  No

REQUESTED INFORMATION WILL BE:  Emailed/Invoiced For Payment

ACCOUNT CODE:  Index:   36200        PCA: 11343

LARA 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:

""Could you simply give me two aggregate numbers since you assumed the
Director's position of BSBP relative to the "I Can Connect" (Deaf-Blind
program funded by the FCC?

The first very simple question is: how many (just a simple number please)
Deaf-Blind clients have been served by BSBP through this program?

And two: Please give me an aggregate dollar amount of money expended for
acquisition and training for these clients."

INVOICE CALCULATIONS

LABOR 

--Searching for and duplication of records

  General Office Asst. 5 @31.37/hr. (including benefits) X 7 hrs. =$219.59

--Examining and separating exempt information

  Secretary 7 @ 37.77/hr. (including benefits) X 1 hrs. = $37.77

TOTAL LABOR:           $257.36

POSTAGE (estimate):          $

DUPLICATING:  Number of Pages (0) times Copying Rate of $0

OTHER (overtime, audio tapes, discs, photos, security, etc.):  $0 (to be
determined based on the amount of information)

SUBTOTAL:  $257.36

Less waived indigency fee under FOIA Act MCL 15.234 Section 4(1)       

INVOICE TOTAL:        $257.36

DEPOSIT* $128.68

BALANCE TO BE PAID*:     $128.68

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: Tuesday, November 26, 2013 10:43 AM 

To: Rodgers, Edward (LARA) 

Cc: nfbmi-talk at nfbnet.org; BSBPcommissioners 

Subject: Fw: simple questions more on can connect

Still no response Mr. Rodgers....

----- Original Message ----- 

From: joe harcz Comcast 

To: Rodgers, Edward (LARA) 

Cc: nfbmi-talk at nfbnet.org ; bsbpcommissioners at michigan.gov ; Elmer Cerano
MPAS ; BRIAN SABOURIN 

Sent: Monday, November 18, 2013 9:08 AM

Subject: Fw: simple questions more on can connect

Never responded to request for basic information...

----- Original Message ----- 

From: joe harcz Comcast 

To: Rodgers, Edward (LARA) 

Cc: nfbmi-talk at nfbnet.org ; bsbpcommissioners at michigan.gov 

Sent: Friday, October 25, 2013 4:35 PM

Subject: simple questions more on can connect

October 25 2013 to Rodgers More Simple Questions

Paul Joseph Harcz, Jr.

Joeharcz at comcast.net

Edward Rodgers, BSBP Director

(Via e-mail)

Dear Mr. Rodgers,

Could you simply answer a few basic questions here without making it a silly
FOIA request or other obfuscations?

Could you simply give me two aggregate numbers since you assumed the
Director's position of BSBP relative to the "I Can Connect" (Deaf-Blind
program funded by the FCC?

The first very simple question is: how many (just a simple number please)
Deaf-Blind clients have been served by BSBP through this program?

And two: Please give me an aggregate dollar amount of money expended for
acquisition and training for these clients.

Please don't give me a stall or dodge and please don't give me something off
the top of your head.

But, please, please, pretty please simply answer these simple questions.

I really wish to know.

Sincerely,

Paul Joseph Harcz, Jr.

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