[nfbmi-talk] Fw: FOIA Request for Edward Rodgers personnel File

[Christine Boone]

What a deal! As long as there is no punnishment in Michigan for breaking the law so why should they change their behavior? 


Boone Christine Sent from my iPhone

> On Nov 14, 2013, at 5:31 PM, "joe harcz Comcast" <joeharcz at comcast.net> wrote:
> 
>    Hmm...Cheaper than I thought. A real bargain.
> ----- Original Message ----- 
> From: Farmer, Mel (LARA) 
> To: joe harcz Comcast (joeharcz at comcast.net) 
> Sent: Thursday, November 14, 2013 4:30 PM
> Subject: FOIA Request for Edward Rodgers personnel File
> 
> 
> November 14, 2013
> 
> 
> 
> Mr. Paul Joseph, Jr.
> 
> 1365 E. Mt Morris Rd.
> 
> Mt. Morris, MI 48458
> 
> joeharcz at comcat.com
> 
> 
> 
> RE: Freedom of Information Act Request/Edward Rodgers Personnel File
> 
> 
> 
> Dear Mr. Harcz:
> 
> 
> 
> This notice is in response to your November 8, 2013 emailed Freedom of Information Act (FOIA), MCL 15.231 et seq., request for copies of existing, nonexempt public records, in accessible format, within the Michigan Department of Licensing and Regulatory Affairs (LARA) you describe as: “…the complete personnel file of Mr. Edward F. Rodgers II…”  
> 
> 
> 
> Per MCL 15.235, Section 5(2)(c) of the state’s FOIA, your request is partially granted and partially denied, subject to the payment of allowable fee charges to comply with your request pursuant to MCL 15.234, Section 4(3) of the state’s FOIA.
> 
> 
> 
> As you may be aware, nothing in the state’s FOIA or the federal Americans with Disabilities Act (ADA) requires a public body to process a FOIA request free of charge. The state’s FOIA (MCL 15.234), allows a public body to charge a fee for processing particular FOIA requests. And whereas, the federal ADA and Section 504 mandate that, upon request, certain material/records be provided a requester in an accessible format free of charge, neither precludes a public body from charging fees under the state’s FOIA. Thusly, please note that no labor fee charges have been, or will be, assessed for converting existing, nonexempt public records responsive to your request in an accessible format to forward to you.
> 
> 
> 
> Regarding the granted portion of your request, MCL 15.234, Section 4(3) of the state’s FOIA provides that a public body may charge certain processing costs related to complying with FOIA requests, including labor for public record searches; records examination, review, and the deletion and separation of any exempt from nonexempt material; any duplication or publication; and any mailing costs. The labor costs are based on the hourly wages (including benefits) of the lowest paid LARA employees capable of performing the necessary tasks to comply with your FOIA request. To process this particular request, the lowest paid capable employee, an Office of Human Resources (OHR) Executive Secretary 10, must be drawn away from her regular assignments and duties for an estimated minimum of 3 hours.  The estimated 3 hours cost is $124.71 to retrieve, review, examine and redact personal information exempted from disclosure by MCL 15.243, Section 13(1) of the state’s FOIA. Based on the abovementioned reasons and LARA’s published FOIA policies/procedures, it has been determined that failure to charge a fee, in this particular instance, will result in unreasonably high costs. 
> 
> 
> 
> The estimated cost to comply with this particular request is calculated as follows:
> 
> --Salary, including benefits of OHR Executive Secretary 10 @ $41.57/hour X 3 hours =$124.71
> 
> 
> 
> To complete the processing of this FOIA request, LARA requires payment of $124.71 be sent to:
> 
>   STATE OF MICHIGAN
> 
>  Department of Licensing & Regulatory Affairs
> 
>  Office Services Mailroom
> 
>  7150 Harris Drive, P.O. Box 30015
> 
>  Lansing, MI 48909
> 
> 
> 
> Upon receiving payment of $124.71 as instructed above, LARA will notify you of any balance due LARA or owed to you before any responsive records are forwarded/transmitted. If no payment balance is owed, LARA will complete the processing of this FOIA request; inform you of any claimed disclosure denials; and inform you of your statutory remedial rights under the state’s FOIA.
> 
> 
> 
> Sincerely,
> 
> /S/Melvin Farmer, Jr.
> 
> Central FOIA Coordinator
> 
> 
> 
> 
> 
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> 
> 
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