[nfbmi-talk] Fw: FOIA Response to Request for Information on Minutes/Transcripts, State Plan & BSBP Staff Directory

Wed Nov 13 15:25:49 UTC 2013

This is simply insane. They know minutes are supposed to be produced under the Rehab Act and the OMA within eight working days and for free pro fforma. Here is a totally documented violation in policy and procedure of the ADA and 504 using (or rather abusing a state law) to avoid obligations under federal civil rights laws.

Moreover both the ADA and 504 effective communiccations requirements denote timeliness! This is hardly timely.

Joe
----- 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 13, 2013 10:14 AM
Subject: FOIA Response to Request for Information on Minutes/Transcripts, State Plan & BSBP Staff Directory

November 13, 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 Minutes/Transcripts, State Plan and BSBP Staff Directory

Dear Mr. Harcz, Jr.:

This email is in response to your October 21, 2013, email requests for information, received by this office on October 22, 2013, of which an extension was taken to November 12, 2013.  Please be advised that the Bureau of Services for Blind Persons is processing these requests under the state's Freedom of Information Act (FOIA), MCL 15.231 et seq.

You have requested information as described in your emails (which are also below) as:

"You said at Saturday's NFB MI meeting that BSBP routinely posts information related to commissioners meetings including minutes/transcripts and State Plan information which I've requested...

Moreover even the office and staff directory has not been updated (see it and the link after my signature line for your convenience). In fact it doesn't even include you.  Now can you send me this stuff in accessible format without another ludicrous and illegal abuse of the FOIA?"

(Description from email of 10-24-13 at 3:24PM): "Your name is listed but there are still many changes in the staff directory here which doesn't include those who have left the or new additions..."

FOIA Response - P.J. Harcz, Jr.

November 13, 2013

Page 2 of 3

In regards to your request for minutes/transcripts, you previously requested this information on August 9, 2013, and of which you received a response on August 29, 2013, granting the information and requesting payment for these records.  To date, we have not received your payment for this request.

Please be advised that the approved minutes/transcripts are available on our website at www.michigan.gov/bsbp, Commission for Blind Persons, 2013 Transcripts.

In regards to your request for the State Plan for FY14 and the BSBP Directory, both of these requests are granted.  Please be advised that this information is available on our website at www.michigan.gov/bsbp, Resources, Other Resources.

If you wish to have this information provided to you through the FOIA process, we estimate the time to process this request is 2 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, 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.

FOIA Response - P.J. Harcz, Jr.

November 13, 2013

Page 3 of 3

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 payment of $62.12 in order to process this request.  An invoice is attached that outlines the costs.

Once payment is received, we will process your request.  Once the process is complete, we will send you the requested information if the payment amount covers the cost of the actual processing or we will request payment for any additional amount of the actual cost of the request.

Again, please be advised that all of the information you requested above is available on our website at www.michigan.gov/bsbp.

Sincerely,

Carla Miller Haynes, FOIA Coordinator

Bureau of Services for Blind Persons

Attachments:  Two Email Requests 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 22, 2013

TYPE OF REQUEST:  Email

REQUEST PARTIALLY DENIED:  No

EXEMPT INFORMATION WITHHELD/REDACTED:  

EXTENDED RESPONSE NOTICE ISSUED:  Yes to November 12, 2013

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:

"You said at Saturday's NFB MI meeting that BSBP routinely posts information related to commissioners meetings including minutes/transcripts and State Plan information which I've requested...

Moreover even the office and staff directory has not been updated (see it and the link after my signature line for your convenience). In fact it doesn't even include you.  Now can you send me this stuff in accessible format without another ludicrous and illegal abuse of the FOIA?"

(Description from email of 10-24-13 at 3:24PM): "Your name is listed but there are still many changes in the staff directory here which doesn't include those who have left the or new additions..."

INVOICE CALCULATIONS

LABOR 

          Locating and Duplicating Cost:  

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

          Examining and Extracting Cost:  

                   Number of Hours: 0 hrs. x Hourly Rate: $31.06 = Amount:                           $0

TOTAL LABOR:           $62.12

POSTAGE (estimate):           To be determined based on the amount of information

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

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

SUBTOTAL:  $62.12

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

INVOICE TOTAL:        $62.12

DEPOSIT* $

BALANCE TO BE PAID*:     $62.12

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: Monday, October 21, 2013 3:11 PM
To: Rodgers, Edward (LARA)
Cc: Zimmer, Mike (LARA); BSBPcommissioners; nfbmi-talk at nfbnet.org; Elmer Cerano (E-mail); BRIAN SABOURIN; Christyne.Cavataio at ed.gov
Subject: information and access please basic directory and minutes

October 21 2013 to Rodgers on BSBP Info including Directory

Paul Joseph Harcz, Jr.

joeharcz at comcast.net            

To Ed Rodgers, BSBP

And BSBP Commissioners

(via e-mail)

Dear Mr. Rodgers,

You said at Saturday's NFB MI meeting that BSBP routinely posts information related to commissioners meetings including minutes/transcripts and State Plan information which I've requested. Simple fact that you and it does not do so and all one needs do is visit the web site which I do.

Moreover even the office and staff directory has not been updated (see it and the link after my signature line for your convenience). In fact it doesn't even include you.

Now can you send me this stuff in accessible format without another ludicrous and illegal abuse of the FOIA? Or should I begin charging this federally funded entity for all the work and research I do like getting an accurate staff directory, minutes/transcripts and State Plan information  for crying out loud?

Sincerely,

Paul Joseph Harcz, Jr.

Cc: MPAS

Cc: NFB MI

Cc: RSA

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

From: joe harcz Comcast [mailto:joeharcz at comcast.net] 

Sent: Monday, October 21, 2013 3:24 PM

To: Rodgers, Edward (LARA)

Cc: nfbmi-talk at nfbnet.org

Subject: Fw: [nfbmi-talk] information and access please basic directory andminutes

Sorry slight amendmendment here. Your name is listed but there are still many changes in the staff directory here which doesn't include those who have left the agency or new additions like say Mike Pemble, or Robert Essenberg since October 1, 2012.

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

From: "joe harcz Comcast" <joeharcz at comcast.net>

To: "Rodgers, Edward (LARA)" <rodgerse at michigan.gov>

Cc: <Christyne.Cavataio at ed.gov>; "Elmer Cerano (E-mail)" <ecerano at aol.com>; <nfbmi-talk at nfbnet.org>; "BRIAN SABOURIN" <BSABOUR at mpas.org>; <bsbpcommissioners at michigan.gov>; <zimmerm at michigan.gov>

Sent: Monday, October 21, 2013 3:11 PM

Subject: [nfbmi-talk] information and access please basic directory andminutes

October 21 2013 to Rodgers on BSBP Info including Directory

Paul Joseph Harcz, Jr.

joeharcz at comcast.net

To Ed Rodgers, BSBP

And BSBP Commissioners

(via e-mail)

Dear Mr. Rodgers,

You said at Saturday's NFB MI meeting that BSBP routinely posts information related to commissioners meetings including minutes/transcripts and State Plan information which I've requested. Simple fact that you and it does not do so and all one needs do is visit the web site which I do.

Moreover even the office and staff directory has not been updated (see it and the link after my signature line for your convenience). In fact it doesn't even include you.

Now can you send me this stuff in accessible format without another ludicrous and illegal abuse of the FOIA? Or should I begin charging this federally funded entity for all the work and research I do like getting an accurate staff directory, minutes/transcripts and State Plan information for crying out loud?

Sincerely,

Paul Joseph Harcz, Jr.

Cc: MPAS

Cc: NFB MI

Cc: RSA

Link:

http://www.michigan.gov/lara/0,4601,7-154-61256_28313_33130-15006--,00.html

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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