[nfbmi-talk] Fw: FOIA Response on Request for Information onExpenditures for the Anderson Building

Thu Nov 14 08:41:41 UTC 2013

I wonder when, if at all, will Ms. Zanger and Mr.Rodgers will comply with
the Randolph-Sheppard Act regulations, and provide that information to the
Elect Operators' Committee (EOC) at a PUBLIC meeting.  Oh that's right, the
EOC is bought-off, and therefore, now part of the agency, as the EOC
routinely allows and accepts, without question, Ms. Zanger's response asking
for a "BEP financial report", that she once again does not have one, as she,
Ms. Zanger, did not know the EOC was going to ask for one!  This response
happens all the time, despite agenda and Committee requests for financial
information at each and every EOC meeting!  Ms. Zanger, we know you are
going to ignore the EOC provisions of the Act, but what about the
non-compliance with the provision to provide financial information?  Your
secret meetings with individual EOC members and intimate relations meeting
don't count toward compliance with the law, if your  7 year learning curve
as BEP administrator obviously has not yet taught you those law mandates.
Obviously you only got the man date part, even though you got that incorrect
too. 

Subject: [nfbmi-talk] Fw: FOIA Response on Request for Information
onExpenditures for the Anderson Building

----- 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) ; Zanger, Connie (LARA) ;
Essenberg, Rob (LARA) ; Hull, James (LARA) 
Sent: Wednesday, November 13, 2013 4:40 PM
Subject: FOIA Response on Request for Information on Expenditures for the
Anderson Building

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 Expenditures for the
Anderson Building (formerly known as "The State Plate"

Dear Mr. Harcz, Jr.:

This email is in response to your October 23, 2013, email request for
information, received by this office on October 24, 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.  An extension was taken on this request to November 14, 2013, as
permitted under Section 5(2)(d) of the FOIA.

You have requested information as described in your email (also included
below) as:

"..I am wondering just how much in improvements, maintenance and other
capital costs from BSBP accounts have been plowed in to this facility. The,
second question is: When in the heck is this location going to be put on the
bidline in accordence with PA 260 and promulgated rules?"

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

As to the granted portion of your request, regarding information on
improvements, maintenance and other capital costs from BSBP which have 

FOIA Response - P.J. Harcz, Jr.

November 13, 2013

Page 2 of 3

been plowed in to this facility (Anderson Building), we estimate that the
time to process this request is 3.5 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.

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 $54.35 in order to begin the processing of this request.  An
invoice is attached that outlines the costs.

Once payment is received for the deposit, we will begin 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).

As to the denied portion of your request, regarding information on "when. is
this location going to be put on the bidline in accordance with PA 260 

FOIA Response - P.J. Harcz, Jr.

November 13, 2013

Page 2 of 3

and promulgated rules?", to the best of my knowledge, information or belief
no such document exists that pertains to this information.

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 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
may 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, shall 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

cc:     Edward F. Rodgers II

          Sue Luzenski

          Mike Pemble

Katie Belknap

          Elsie Duell

          Constance Zanger

          Rob Essenberg

          James Hull

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 24, 2013

TYPE OF REQUEST:  Email

REQUEST PARTIALLY DENIED:  Yes

EXEMPT INFORMATION WITHHELD/REDACTED:  To be determined

EXTENDED RESPONSE NOTICE ISSUED:  Yes to November 14, 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:

"..I am wondering just how much in improvements, maintenance and other
capital costs from BSBP accounts have been plowed in to this facility. The,
second question is: When in the heck is this location going to be put on the
bidline in accordence with PA 260 and promulgated rules?"

INVOICE CALCULATIONS

LABOR 

          Locating and Duplicating Cost:  

Number of Hours:  3 hrs. x Hourly Rate: $31.06 = Amount:      $93.18

          Examining and Extracting Cost:  

                   Number of Hours: .5 hrs. x Hourly Rate: $31.06 = Amount:
$15.53

TOTAL LABOR:           $108.71

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:        $108.71

DEPOSIT* $53.35

TO BE PAID*:     $53.36

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 23, 2013 8:00 AM 

To: Rodgers, Edward (LARA) 

Cc: Zimmer, Mike (LARA); Christyne.Cavataio at ed.gov; BRIAN SABOURIN; Marlene
Malloy; nfbmi-

talk at nfbnet.org 

Subject: simple questions state plate?

October 23 2013 Questions About Anderson Building State Plate

Paul Joseph Harcz, Jr.

1365 E. Mt. Morris Rd.

Mt. Morris, MI 48458

joeharcz at comcast.net

810-516-5262

Re: Simple Questions?

To: Edward Rodgers, Director

Bureau of Services for Blind Persons

S. Michael Zimmer, Deputy Director LARA and BSBP DSA

(Via E-mail)

Dear Sirs,

I have two very simple questions concerning accountability of this agency
and regarding the PA 260 mandated BEP facility in the Anderson Building
known as "The State Plate".

First, since this location was closed and not put on the "bid line" for
operators in December of 2011 I am wondering just how much in improvements,
maintenance and other capital costs from BSBP accounts have been plowed in
to this facility which again hasn't had a blind operator for now close to
two years in it and hasn't even served one cup  of coffee? This should be
easy enough for an agency to discern a dollar ammount as I'm assured by the
agency that it has met the requirements in these regards relative to the
Auditor General's report of November 2012. All I wish for is a total
expended here. You know it is less than you require of operators themselves
and you, again shouldn't have any trouble producing a figure here.

The, second question is: When in the heck is this location going to be put
on the bidline in accordence with PA 260 and promulgated rules?

These are simple questions of public servants and stewards of copious
federal and state funds who have promoted increased effecincies, better
management, and more transparency than the prior regime, or at least state
as much to the public. So I simply expect a straight forward and accessible,
written answer.

Sincerely,

Paul Joseph Harcz, Jr.

Cc: NFB MI

Cc: BSBP "Commissioners"

Cc: MCRC

Cc: CAP

Cc: RSA

Cc: several media and legislators

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