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

[joe harcz Comcast]

By the way as I've already informed them OMA violations also can be criminal 
violations with a misdemeanor attached.
----- Original Message ----- 
From: "Christine Boone" <christineboone2 at gmail.com>
To: "NFB of Michigan Internet Mailing List" <nfbmi-talk at nfbnet.org>
Sent: Thursday, November 14, 2013 5:46 PM
Subject: Re: [nfbmi-talk] Fw: FOIA Request for Edward Rodgers personnel File


> 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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