[nfbmi-talk] AMENDED FOIA Response to Request for Information on E. Rodgers Exp. for Attendance at the NFB MI Convention

Christine Boone christineboone2 at gmail.com
Fri Nov 15 18:40:38 UTC 2013


Are you keeping a tally sheet with all of these charges?  You should be close to a million by now, especially with that one charge of $750 thousand  for one request.  
On Nov 15, 2013, at 12:25 PM, joe harcz Comcast <joeharcz at comcast.net> wrote:

> 
> ----- Original Message ----- 
> From: joe harcz Comcast 
> To: Haynes, Carla (LARA) 
> Sent: Friday, November 15, 2013 12:24 PM
> Subject: Re: AMENDED FOIA Response to Request for Information on E. Rodgers Exp. for Attendance at the NFB MI Convention
> 
> 
> Wow, sounds a little pricey for an agency that is supposed to account for literally millions in expenditures of state and federal funds. Of course your agency can't even seem to generate a report or answer basic questions about expenditures like say for example those related to the BEP Capitol renovation expenditures, or even an annualized operating budget by category.
> 
> Jeez do you all charge the Auditor General's Office or the Rehabilitation Services Administration for financials?
> 
> Anyway you all are making this citizen who is blind quite proud of the transparency efforts of this federally and state funded entity which is after all else supposed to be about the rehabilitation and employment of people who are blind.
> 
> It all sort of makes me warm and fuzzy inside Ms. Haynes.
> 
> Oh by the by you sat next to me a few years back when Tom Quasarano of the Attorney General's office briefed the then commission for the blind on FOIA and OMA. Moroever, I briefed all on obligations relative to the ADA and Section 504 obligations.
> 
> So you, Ms. Haynes knows precisely the violations of all not only in this response but in others.
> 
> Finally as stated in other responses I think you all have got this thing a bit backwards. I, a private citizen does not work for you or your agency. You all work for me and other citizens.
> 
> Warmly,
> 
> 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) ; Essenberg, Rob (LARA) 
>  Sent: Friday, November 15, 2013 11:43 AM
>  Subject: AMENDED FOIA Response to Request for Information on E. Rodgers Exp. for Attendance at the NFB MI Convention
> 
> 
>  November 15, 2013
> 
> 
> 
>  Mr. Paul Joseph Harcz, Jr.
> 
>  E-mail: joeharcz at comcast.net
> 
>  1365 E. Mt. Morris Rd.
> 
>  Mt. Morris, MI 48458
> 
> 
> 
>  Re:  AMENDED - FOIA Response to Request for Information on Expenses for Edward Rodgers II for Attendance at the NFB MI Convention
> 
> 
> 
>  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 to November 14, 2013.
> 
> 
> 
>  You have requested information as described in your email (also included below) as:
> 
> 
> 
>  "I am writing you today to send me the "group billing" for lodging and other expenses (including personnel) for your attendance at the recent NFB MI State convention.
> 
> 
> 
>  I also wish to know who was the driver of the state car used for this important convention."
> 
> 
> 
>  In an email to you on November 13, 2013, your request was partially granted and partially denied as to existing, nonexempt documents pertaining to your request.
> 
> 
> 
> 
> 
>  FOIA Response - P.J. Harcz, Jr.
> 
>  November 15, 2013
> 
>  Page 2 of 3
> 
> 
> 
> 
> 
> 
> 
>  As to the denied portion of your request, regarding information on "the driver of the state car used for this important convention", it has come to my attention that we do possess information regarding this issue and so I am granting this portion of your request.  This information will be included with the portion of your previously granted request, regarding information on "lodging and other expenses for attendance at the recent NFB MI State convention".  We estimate that the time to process this total 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 begin the processing of 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 
> 
>  FOIA Response - P.J. Harcz, Jr.
> 
>  November 15, 2013
> 
>  Page 2 of 3
> 
> 
> 
> 
> 
> 
> 
> 
> 
>  a USB flash drive (depending on the amount of material responsive to your request).
> 
> 
> 
>  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
> 
>  Rob Essenberg
> 
> 
> 
>  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 writing you today to send me the "group billing" for lodging and other expenses (including personnel) for your attendance at the recent NFB MI State convention.
> 
> 
> 
>  I also wish to know who was the driver of the state car used for this important convention."
> 
> 
> 
> 
> 
>  INVOICE CALCULATIONS
> 
> 
> 
>  LABOR 
> 
>            Locating and Duplicating Cost:  
> 
>  Number of Hours:  1.5 hrs. x Hourly Rate: $31.06 = Amount:   $46.59
> 
>            Examining and Extracting Cost:  
> 
>                     Number of Hours: .5 hrs. x Hourly Rate: $31.06 = Amount:                          $15.53
> 
>  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]  
> 
>  Sent: Wednesday, October 23, 2013 10:49 AM 
> 
>  To: Rodgers, Edward (LARA) 
> 
>  Cc: nfbmi-talk at nfbnet.org 
> 
>  Subject: group billing request nfb mi convention
> 
> 
> 
>  October 23 2013 to Rodgers Group Billing NFB MI Convention
> 
> 
> 
>  Paul Joseph Harcz, Jr.
> 
>  1365 E. Mt. Morris Rd.
> 
>  Mt. Morris, MI 48458
> 
>  joeharcz at comcast.net
> 
>  810-516-5262
> 
> 
> 
>  To: Edward Rodgers, Director BSBP
> 
> 
> 
>  Dear Sir,
> 
> 
> 
>  I am writing you today to send me the "group billing" for lodging and other expenses (including personnel) for your attendance at the recent NFB MI State convention.
> 
> 
> 
>  I also wish to know who was the driver of the state car used for this important convention.
> 
> 
> 
>  You may send this to me in accessible format which by now you are quite aware of.
> 
> 
> 
>  Thank you, by the way for attending and for your responsive and enlighten comments to all.
> 
> 
> 
>  Sincerely,
> 
> 
> 
>  Paul Joseph Harcz, Jr.
> 
> 
> 
>  -Ninety-nine  Percent of lawyers give the other one percent a bad name.Steven Wright
> 
> 
> 
> 
> 
>  Cc: NFB MI
> 
> 
> 
> 
> 
>  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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