[nfbmi-talk] Fw: FOIA Response to Request for Information on EOC Draft Minutes & J. Hull Report of 9-28-13

joe harcz Comcast joeharcz at comcast.net
Fri Nov 15 12:57:34 UTC 2013


----- Original Message ----- 
From: joe harcz Comcast 
To: Haynes, Carla (LARA) 
Sent: Friday, November 15, 2013 7:55 AM
Subject: Re: FOIA Response to Request for Information on EOC Draft Minutes & J. Hull Report of 9-28-13


Ms. Haynes et al,

Again read the following sent to you before from the Michigan Open Meetings Act:
"(3) A public body shall make proposed minutes available
for public inspection within 8 business days after the meeting."

You, Mr. Rodgers, Mr. Farmer, Mr. Arwood, Mr. Zimmer have all been informed of this obligation alone and yet you continue to violate the Open Meetings Act in this regard alone over a protracted period of time. Since you all as state actors have been notified of these obligations you clearly are acting with deliberate indifference to these laws (and also associated civil rights laws including the ADA and 504).

I can only construe this pattern and practice of abuse of known laws to be malicious discrimination in intent and, indeed in documented practice.

Sincerely,

Paul Joseph Harcz, Jr.


  ----- 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) ; Hull, James (LARA) 
  Sent: Thursday, November 14, 2013 4:53 PM
  Subject: FOIA Response to Request for Information on EOC Draft Minutes & J. Hull Report of 9-28-13


  November 14, 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 EOC Draft Minutes & J. Hull Report of 9-28-13

   

  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.

   

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

   

  "Now, I'm writing to request the following:

   

  The draft minutes of this meeting which are supposed to be made available within (8) working days under the Michigan Open Meetings Act (and with no charge by the way).

   

  In addition I am requesting in accessible format all referenced information including the written report of James Hull again in accessible format that was referenced in this meeting."

   

  Your request is granted in part and denied in part as to existing nonexempt documents pertaining to your request.

  FOIA Response - P.J. Harcz, Jr.

  November 14, 2013

  Page 2 of 3

   

   

   

   

  In regards to the granted portion of your request, regarding the written report of James Hull (from the Elected Operators Committee-EOC Meeting of September 28, 2013), we estimate that 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.

   

  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 may request payment for an additional amount if the actual cost of the request exceeds $62.12.  Once we receive total 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).

   

  FOIA Response - P.J. Harcz, Jr.

  November 14, 2013

  Page 2 of 3

   

   

   

  As to the denied portion of your request, regarding the draft minutes of the EOC meeting on September 28, 2013, we will not release this information as these minutes have not been approved at this point in time.

   

  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

   

  Attachments - 2:  Invoice & Email Request for Information

   

  cc:     Edward F. Rodgers II

            Sue Luzenski

            Mike Pemble

  Katie Belknap

            Elsie Duell

            Constance Zanger

            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:

   

  "Now, I'm writing to request the following:

   

  The draft minutes of this meeting which are supposed to be made available within (8) working days under the Michigan Open Meetings Act (and with no charge by the way).

   

  In addition I am requesting in accessible format all referenced information including the written report of James Hull again in accessible format that was referenced in this meeting."

   

  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* $0

   

  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]  

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

  Sent: Wednesday, October 23, 2013 12:23 PM 

  To: Rodgers, Edward (LARA) 

  Cc: Hull, James (LARA); Arwood, Steve (LARA); Zimmer, Mike (LARA); nfbmi-talk at nfbnet.org; BRIAN 

  SABOURIN; Christyne.Cavataio at ed.gov; Marlene Malloy; BSBPcommissioners 

  Subject: sorry prior post a little messed up

   

  Just to clarify....


  October 23 2013 Written Report of Hull to EOC and Draft Meeting Minutes

   

  Paul Joseph Harcz, Jr.

  1365 E. Mt. Morris Rd.

  Mt. Morris Rd.

  Mt. Morris, MI 48458

  joeharcz at comcast.net

  810-516-5262

   

  To: Edward Rodgers

  Bureau of Services for Blind Persons

  James Hull, Business Enterprise Program

  (Via E-mail)

   

  All,

   

  I just got through listening to a recording of the public meeting of the Elected Operators committee Meeting of Sept. 28, 2013.

   

  Now, I'm writing to request the following:

   

  The draft minutes of this meeting which are supposed to be made available within (8) working days under the Michigan Open Meetings Act (and with no charge by the way).

   

  In addition I am requesting in accessible format all referenced information including the written report of James Hull again in accessible format that was referenced in this meeting.

   

  Note: under relevant portions of the ADA and Section 504 and, indeed LARA's own accessible meeting policy based upon these laws, all printed information related to such meetings were to be made accessible at that meeting and certainly are to be made accessible at no cost to me upon request.

   

  And certainly you can't charge me extensively for searching for these documents which you all have at your ready and would be using an abuse of the FOIA (a state law) to trump clearly required meeting related documents under the two above cited federal civil rights laws.

   

  That would be a violation of the general anti-discrimination provisions of both the ADA and 504.

   

  Back to Hull's report, I am especially interested in his written report relative to Administrative reviews, license revocations, etc.

   

  Now, all I request is that you send me promptly these documents and reports as either/or Word attachments; plain text enclosures to my e-mail adress listed above.

   

  A failure to promtly comply with this request for simple minutes and written reports to this meeting is actionable and will represent continued violations against my person of established civil rights laws.

   

  Thus I do expect a prompt response. And by the way you also might wish to in a timely manner post this information to BSBP's web site.

   

  Sincerely,

   

  Paul Joseph Harcz, Jr.

   

  -Ninety-nine percent of lawyers give the other one percent a bad name-Steven Wright

   

  Cc: NFB MI

  Cc: BSBP "Commissioners"

  Cc: James Chaney, EOC

  Cc: MCRC

  Cc: MPAS

  Cc: RSA

  Cc: OCR

  Cc: United States Department of Justice, Civil Rights Division, Disabilities Rights Section

  Cc: several media

  Cc: several 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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