[nfbmi-talk] Fw: FOIA Response to Request for Information on BSBP Employees, Classifications & Wages Paid for FY13

Wed Nov 6 15:00:36 UTC 2013

----- Original Message ----- 
From: joe harcz Comcast 
To: Haynes, Carla (LARA) 
Sent: Wednesday, November 06, 2013 9:59 AM
Subject: Re: FOIA Response to Request for Information on BSBP Employees, Classifications & Wages Paid for FY13

There is nothing to redact at all here, so charging me for that aspect is bogus.
  ----- Original Message ----- 
  From: Haynes, Carla (LARA) 
  To: joe harcz Comcast 
  Cc: Rodgers, Edward (LARA) ; Luzenski, Sue (LARA) ; Pemble, Mike (LARA) ; Belknap, Katie (LARA) ; Duell, Elsie (LARA) 
  Sent: Wednesday, November 06, 2013 9:51 AM
  Subject: FOIA Response to Request for Information on BSBP Employees, Classifications & Wages Paid for FY13

  November 6, 2013

  Mr. Paul Joseph Harcz, Jr.

  E-mail: joeharcz at comcast.net

  1365 E. Mt. Morris Rd.

  Mt. Morris, MI 48458

  Re:  FOIA Response to Request for Information on BSBP Employees, Civil Service Classification & Wages Paid for FY13

  Dear Mr. Harcz, Jr.:

  This email is in response to your October 16, 2013, email request for information received by this office on October 17, 2013, of which an extension was taken to November 6, 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:

  "I am writing you today for a complete list of all BSBP civil service employees who worked for BSBP during Fiscal Year 2013, (beginning October 1, 2012 ending Oct. 1, 2013). Note I wish for all full or part time employees.

  The list should contain the following:  Name, position (civil service classification), and all wages paid to the individual during said fiscal year."

  Your request is granted as to existing, nonexempt documents pertaining to your request.  We estimate that the time to process this request is 7 hours.   Section 4(1) of the FOIA, MCL 15.234(1), provides that a public body may charge a fee for public record search, including the mailing costs, the cost of duplication or publication including labor, the cost of search,

  FOIA Response - P.J. Harcz, Jr.

  November 6, 2013

  Page 2 of 2

  examination, review, and the deletion and separation of exempt from nonexempt information.

  Please note that nothing within the federal American with Disabilities Act (ADA ), Section 504 of the 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, material be produced in an accessible format without charge, neither the ADA or Section 504 of the RA preclude a public body from charging costs under the state's FOIA. Thusly, 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 forward to you.

  In order to complete the processing of your request, and based on the hourly wages and benefits of the lowest paid Department employee capable of performing the necessary tasks to process your request, we are requesting a deposit of $113.71 in order to begin the processing of this request.  An invoice is attached that outlines these costs.

  Once payment is received for the deposit, we will start the processing of your request.  Once the process is complete, we will request payment for the additional amount of the actual cost of the request.  When we receive this payment, we will send the information either to you via email or to you in the U.S. Mail on a USB flash drive (depending on the amount of material responsive to your request).

  Sincerely,

  Carla Miller Haynes, FOIA Coordinator

  Bureau of Services for Blind Persons

  Attachments 2:  Invoice & Request for Information

  cc:     Edward F. Rodgers II,           Sue Luzenski

            Mike Pemble, Katie Belknap, 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 17, 2013

  TYPE OF REQUEST:  Email

  REQUEST PARTIALLY DENIED:  To be determined

  EXEMPT INFORMATION WITHHELD/REDACTED:  To be determined

  EXTENDED RESPONSE NOTICE ISSUED:  Yes to 11-6-13

  REQUESTED INFORMATION WILL BE:  Emailed/Invoiced For Payment

  ACCOUNT CODE:  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:

  "I am writing you today for a complete list of all BSBP civil service employees who worked for BSBP during Fiscal Year 2013, (beginning October 1, 2012 ending Oct. 1, 2013). Note I wish for all full or part time employees.

  The list should contain the following:

  Name, position (civil service classification), and all wages paid to the individual during said fiscal year."

  INVOICE CALCULATIONS

  LABOR 

            Locating and Duplicating Cost:  

  Number of Hours:  5 hrs. x Hourly Rate: $31.06 = Amount:      $155.30

            Examining and Extracting Cost:  

                     Number of Hours: 2 hrs. x Hourly Rate: $31.06 = Amount:                           $62.12

  TOTAL LABOR:           $217.42

  POSTAGE (estimate):          $3.00

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

  OTHER (overtime, audio tapes, discs, photos, security, etc.):  $7.00 (for USB Drive)

  SUBTOTAL:  $227.42

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

  INVOICE TOTAL:        $227.42

  DEPOSIT* $113.71

  BALANCE TO BE PAID*:     $113.71

  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: Wednesday, October 16, 2013 2:36 PM 

  To: Rodgers, Edward (LARA) 

  Cc: BSBPcommissioners; nfbmi-talk at nfbnet.org; Zimmer, Mike (LARA) 

  Subject: simple request for bsbp civil service employees

  October 16 2013 Request Rodgers All BSBP Employees and Info

  Paul Joseph Harcz, Jr.

  1365 E. Mt. Morris Rd.

  Mt. Morris, MI 48458

  To:

  Edward F. Rodgers, Director Bureau of Services for Blind Persons

  Dear Mr. Rodgers,

  I am writing you today for a complete list of all BSBP civil service employees who worked for BSBP during Fiscal Year 2013, (beginning October 1, 2012 ending Oct. 1, 2013). Note I wish for all full or part time employees.

  The list should contain the following:

  Name, position (civil service classification), and all wages paid to the individual during said fiscal year.

  Moreover, as a blind person I request this information in accessible format pursuant to known obligations under the Americans with Disabilities Act and Section 504 of the Rehabilitation Act. 

  To wit just send me (without surcharge) this simple information as either a Word document or plain text enclosure to my e-mail address listed above.

  I thank you in advance for your prompt and accessible response to this simple inquiry.

  Cordially,

  Paul Joseph Harcz, Jr.

  Cc: NFB MI

  Cc: BSBP Commissioners

  Cc: several

  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