[nfbmi-talk] Fw: FOIA Response to Request for Information on BADP Applicants and Interviewees

Thu Nov 7 16:34:05 UTC 2013

----- Original Message ----- 
From: joe harcz Comcast 
To: Haynes, Carla (LARA) 
Sent: Thursday, November 07, 2013 11:32 AM
Subject: Re: FOIA Response to Request for Information on BADP Applicants and Interviewees

Huh" On the one hand you are saying the labor costs will exceed $70 to get this information which is pretty pricey isn't it? I mean I'd love to make in excess of $140 per hour. And on the other hand you are charging me, or attempting to extort money from me for records you say in the last line don't exists?

Just what planet are you from?

Sincerely,

Paul Joseph Harcz, Jr.
  ----- 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) ; Essenberg, Rob (LARA) ; Robertson, Bob (LARA) ; Farmer, Mel (LARA) 
  Sent: Thursday, November 07, 2013 10:58 AM
  Subject: FOIA Response to Request for Information on BADP Applicants and Interviewees

  November 7, 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 BADP Applicants and Interviewees

  Dear Mr. Harcz, Jr.:

  This email is in response to your October 20, 2013, email request for information, received by this office on October 21, 2013, of which an extension was taken to November 8, 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:

  "Regardless I am writing you today for a complete list of all applicants for that position (just their simple names), and the names of those interviewed for that Level 19 position." Note: An additional email stating: "Another correction is the Essenberg actually was hired as a Level 17 employee to run BADP."

  Your request is partially granted and partially denied as to existing, nonexempt documents pertaining to your request.

  In regards to the granted portion of your request for information on the Business Development & Assistance Program (BADP) interviewees, we estimate that the time to process this request is ½ hour.  Section 4(1) of the FOIA, MCL 15.234(1), provides that a public body may charge a fee for 

  FOIA Response - P.J. Harcz, Jr.

  November 7, 2013

  Page 2 of 3

  public record search, including the mailing costs, the cost of duplication or publication including labor, the cost of search, 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 this portion of your request, and based on the hourly wage and benefits of the lowest paid BSBP employee capable of performing the necessary tasks to process your request, we are requesting payment of $36.34 in order to process this request.  An invoice is attached that outlines these costs.

  Once payment is received, we will process and send the requested information to you via email.

  In regards to the denied portion of your request for information on the BADP applicants, to the best of my knowledge, information or belief this material does not exist with the Bureau of Services for Blind Persons.

  Under MCL 15.240 of the FOIA you may (1) submit a written appeal regarding the denial of any portion of your FOIA request to Mr. Steve Arwood, Director, Michigan Department of Licensing and Regulatory Affairs: Attention, Mike Zimmer, Chief Deputy Director, Ottawa Building, 4th Floor, P.O. Box 30004, Lansing, MI 48909. Your appeal notice must include the word "appeal" and state the reason(s) for reversal of the

  FOIA Response - P.J. Harcz, Jr.

  November 6, 2013

  Page 3 of 3

  denial(s); or (2) you may seek judicial review in circuit court within 180 days of the Department's final determination. If you prevail in such action, the court shall award reasonable attorney fees, costs, and disbursements. If the court finds the Department's actions to be arbitrary and capricious, the court, in addition to any actual or compensatory damages, award punitive damages in the amount of $500.00.

  Sincerely,

  Carla Miller Haynes, FOIA Coordinator

  Bureau of Services for Blind Persons

  Attachment:  Email Request for Information & Invoice

  cc:     Edward F. Rodgers II

            Sue Luzenski

            Mike Pemble

  Katie Belknap

            Elsie Duell

            Robert Robertson

  Rob Essenberg

  Mel Farmer

  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 21, 2013

  TYPE OF REQUEST:  Email

  REQUEST PARTIALLY DENIED:  Yes

  EXEMPT INFORMATION WITHHELD/REDACTED:  To be determined

  EXTENDED RESPONSE NOTICE ISSUED:  Yes to 11-8-13

  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:

  "Regardless I am writing you today for a complete list of all applicants for that position (just their simple names), and the names of those interviewed for that Level 19 position." Note: An additional email stating: "Another correction is the Essenberg actually was hired as a Level 17 employee to run BADP."

  INVOICE CALCULATIONS

  LABOR 

            Locating and Duplicating Cost:  

  Number of Hours:  ½ hrs. x Hourly Rate: $72.68 (Hourly wage and benefits of lowest paid employee capable of retrieving this information - Rehabilitation Consultant Manager - due to the nature of the material) = Amount:     $36.34

            Examining and Extracting Cost:  

                     Number of Hours: 0 hrs. x Hourly Rate: $ = Amount:        $0

  TOTAL LABOR:           $36.34

  POSTAGE (estimate):          $0

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

  OTHER (overtime, audio tapes, discs, photos, security, etc.):  $0 

  SUBTOTAL:  $36.34

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

  INVOICE TOTAL:        $

  DEPOSIT* $0

  AMOUNT TO BE PAID*:      $36.34

  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: Sunday, October 20, 2013 6:26 PM 

  To: Rodgers, Edward (LARA)        

  Cc: Zimmer, Mike (LARA); nfbmi-talk at nfbnet.org; Christyne.Cavataio at ed.gov 

  Subject: request badp applicants please

  October 20 2013 to Rodgers on BADP Applicants

  Paul Joseph Harcz, Jr.

  1365 E. Mt. Morris Rd.

  Mt. Morris, MI 48458

  810-5160-5262

  Joeharcz at comcast.net

  To:

  Edward Rodgers, Director

  Bureau of Services to Blind Persons (BSBP

  Dear Mr. Rodgers,

  I was interested to hear several of your comments at the meeting of the national Federation of the Blind of MI yesterday. One was that approximately 100 people applied for the position of the Business Assistance Development Program Director. I also was stunned to hear you say that 57 of the applicants were blind people. And I was stunned to hear you say that there were ten or twelve people interviewed for this $104,000 position now headed by Mr. Robert "Essenberger".

  Regardless I am writing you today for a complete list of all applicants for that position (just their simple names), and the names of those interviewed for that Level 19 position. Not that I doubt what you say, but am pretty fastidious about these things from public employees.

  As a blind person you know I cannot read print, so I simply request this simple list as an e-mail correspondence.

  Frankly, you had some pretty good recall of the numbers and all that so you probably could write out this list in a matter of minutes off the top of your head.

  You seemed to be very confident about your recollections of that issue and others.

  Sincerely,

  Paul Joseph Harcz, Jr.

  Cc: NFB MI

  Cc: BSBP Commissioners

  Cc: Mike Zimmer, LARA

  Cc: RSA

  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