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

[joe harcz Comcast]

Yes, people who hide even basic information indeed, in my experience have 
something to hide.

The opposite, of course is also true.


----- Original Message ----- 
From: "Terry D. Eagle" <terrydeagle at yahoo.com>
To: "'NFB of Michigan Internet Mailing List'" <nfbmi-talk at nfbnet.org>
Sent: Thursday, November 14, 2013 3:58 AM
Subject: Re: [nfbmi-talk] Fw: FOIA Response on Request for 
InformationonExpenditures for the Anderson Building


> And that is the efficient, effective, and honorable outcomes when an 
> agency
> is managed by well qualified blind, or sighted, persons, who are
> consumer-centered, transparent, and are free of corruption to hide.  A
> strong sense and dedication to the stewardship of taxpayer funds is also
> evident in your experience, Christine.  Our dream remains strong in 
> Michigan
> for such management and outcomes.
>
>
> -----Original Message-----
> From: nfbmi-talk [mailto:nfbmi-talk-bounces at nfbnet.org] On Behalf Of
> Christine Boone
> Sent: Wednesday, November 13, 2013 9:42 PM
> To: NFB of Michigan Internet Mailing List
> Cc: <nfbmi-talk at nfbnet.org>
> Subject: Re: [nfbmi-talk] Fw: FOIA Response on Request for Information
> onExpenditures for the Anderson Building
>
> Honorable persons have no qualms about sharing information with the 
> public,
> when they are directing public agencies and spending public funds.  Call 
> me
> crazy but in my tenure as a Bureau chief we did not have one single FOIA
> request, because we responded to requests from our constituents, the
> Legislature, the Governor's office and the press immediately. Consequently
> no one needed to invoke the FOIA. And what do you think? Why we met every
> one of the Standards and Indicators as measured by our RSA 911 data, every
> year. We built positive partnerships, established a successful, statewide
> children's program, increased the number of persons served, the number of
> successfully employed persons, the average income among our customers in 
> the
> BEP and in other employment, and were invited to present our story before
> the House of Representatives.  But what do I know? I am sure that it is
> better to be proud because the director was able to quash the press when 
> the
> BEP audit came out so that no one really became aware of the extent of the
> corruption, mismanagement and malfeasance. This way things can just keep 
> on
> as they are...
>
>
> Boone Christine Sent from my iPhone
>
>> On Nov 13, 2013, at 5:09 PM, "joe harcz Comcast" <joeharcz at comcast.net>
> wrote:
>>
>>
>> ----- Original Message ----- 
>> From: joe harcz Comcast
>> To: Haynes, Carla (LARA)
>> Sent: Wednesday, November 13, 2013 5:07 PM
>> Subject: Re: FOIA Response on Request for Information on Expenditures for
> the Anderson Building
>>
>>
>> Jeez I thought according to all of the requirements in the Auditor
> General's report, and all the revisions in System 7 you all could account
> for the amount of public funds expended in this facility.
>>
>> Seems like the taxpayer's and citizens of this state would like to know
> just how federal and public funds were expended in this Business 
> Enterprise
> location that has not had a blind operator for two years now. Or any
> operator for that matter.
>>
>>
>> Regardless we've got a whole lot of non-accounted for public money that
> went into the facility and for two years not even one cup of coffee has 
> been
> served there.
>>
>>
>> Too bad that un-accounted for Tim Hortons franchise fell through eh?
>>
>> As per the latter I wasn't asking for a document but simply asking the
> Director a simple question and that is just when the Anderson Building 
> will
> be put up on the bid line as it should be and in accordence with PA 260 
> and
> Promulgated Rules?
>>
>>
>> Of course, no one at BSBP can answer a simple question, but rather tries
> to make everything in to a bloody FOIA request.
>>
>> And, Ms. Haynes that is in a word "abusive" to this citizens right to 
>> know
> and very non-responsive by a public official making $128,000 per year at 
> the
> taxpayer's behest.
>>
>>
>> I'm afraid in these responses you all think I work for you all. On the
> contrary, you work for we the citizens of this State of Michigan and 
> indeed,
> that does include blind folks like myself.
>>
>> Have a nice day and thanks so much for your timely, accessible, and clear
> response to a very simple inquiry.
>>
>> Best,
>>
>> Joe Harcz
>>  ----- 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
>>
>>
>> _______________________________________________
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