[nfbmi-talk] Fw: FOIA Response to Request for Information onEOCDraft Minutes & J. Hull Report of 9-28-13
joe harcz Comcast
joeharcz at comcast.net
Mon Nov 18 17:15:19 UTC 2013
Re responses and then ammended responses as per group billing and driver to
NFB MI convention...Hint, hint, wink, wink....
Or should we let sleeping dogs lie?
Signed,
Bullwinkle and Rocky
----- Original Message -----
From: "Terry D. Eagle" <terrydeagle at yahoo.com>
To: "'NFB of Michigan Internet Mailing List'" <nfbmi-talk at nfbnet.org>
Sent: Monday, November 18, 2013 11:55 AM
Subject: Re: [nfbmi-talk] Fw: FOIA Response to Request for Information
onEOCDraft Minutes & J. Hull Report of 9-28-13
> It can indeed get worse. Simple pile on the issue of intimate
> relationships.
>
>
>
> -----Original Message-----
> From: nfbmi-talk [mailto:nfbmi-talk-bounces at nfbnet.org] On Behalf Of joe
> harcz Comcast
> Sent: Thursday, November 14, 2013 5:20 PM
> To: nfbmi-talk at nfbnet.org
> Subject: [nfbmi-talk] Fw: FOIA Response to Request for Information on
> EOCDraft Minutes & J. Hull Report of 9-28-13
>
> What brazen idiots. I've already sent tthem the Open Meetings Act
> provisions
> on minutes and that they need to be made available within eight working
> days
> on that issue alone.
>
> Moreover, this is a meeting of a Rehab Act entity and all documents must
> be
> made available pro forma in accessible format let alone upon request under
> those conditions. And even LARA's own accessible meeting policy which
> they've also been sent denotes same.
>
> Carla here know these are violations too as she used to send me this and
> more over years...That is until the governator eliminated illegally the
> Michigan Commission for the Blind and scofflaws like lawyers Zimmer and
> Rodgers took over the bare bones of it.
>
> This goes to deliberate indifference of known civil rights laws.
>
> And the report of Hull referenced here goes to all of the illegal license
> suspensions of blind operators at the hand of the agency and other
> grievances which of course will be adjucated in the corrupt Michigan
> Administrative Hearing System and then even if they win will have the
> "final
> agency determination" made by Rodgers/Zimmer who both came out of MAHS.
>
> Man how openly and arrogently corrupt can this get?
>
> Joe
> ----- 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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