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

[joe harcz Comcast]

Yes and I note from the documents I've recieved which BSBP said they didn't 
have that part of these funds were used for the salary or part thereof of 
Ms. Caldwell.

Oh yes and illegally BSBP wanted to charge me for the expense report they 
said they didn't have to begin with and which I got through other means.

Bottom line is the failure to remit this information in a timely and 
accessable manner are violations of the ADA and 504. The abuse of the FOIA 
in these regards is also a violation as under both the ADA and 504 the 
agency cannot use (or abuse) a state law or other policies contrived to 
subvert federal civil rights laws like the ADA and 504.

Let us note, by the way that now with the documents supplied by the MCRS 
and, for that matter the SILC those agencies do follow the letter and spirit 
of our federal civil rights laws.

Yet, BSBP which is supposed to be the lead entity for access for the blind 
is the worst perpretrator of discrimination when it comes to access to 
information.

Simply they need to be sued over and over again for these violations of law 
and equity against the entire class which are all well documented upon this 
very list.

Joe
----- Original Message ----- 
From: "Terry D. Eagle" <terrydeagle at yahoo.com>
To: "'NFB of Michigan Internet Mailing List'" <nfbmi-talk at nfbnet.org>
Sent: Thursday, December 19, 2013 10:41 AM
Subject: Re: [nfbmi-talk] Fw: FOIA Response to Request for Information on 
"ICanConnect"


> 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
>
>
>
>
> _______________________________________________
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