[nfbmi-talk] Fw: FOIA Response to Request for Information on "I Can Connect"

Tue Nov 26 18:32:51 UTC 2013

----- Original Message ----- 
From: joe harcz Comcast 
To: Haynes, Carla (LARA) 
Sent: Tuesday, November 26, 2013 1:30 PM
Subject: Re: FOIA Response to Request for Information on "I Can Connect"

The purpose of the Rehabilitation Act and Public Act 260 is to rehabilitate people who are blind. The purpose of the Director is to account for how that is done and to account for the funding, disbursement of funds, etc. of this particular program.

The purpose of this blind citizen is to demand accountability. It is not to have you and the agency constantly dodge simple questions and nor am I here to pay extortion for simple questions asked and never answerred.

But, thank you so much for your prompt response here.

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) ; Jones, Leamon (LARA) ; Gaston, Diamalyn (LARA) ; Caldwell, Cynthia (LARA) ; Duell, Elsie (LARA) 
  Sent: Tuesday, November 26, 2013 1:18 PM
  Subject: FOIA Response to Request for Information on "I Can Connect"

  November 26, 2013

  Mr. Paul Joseph Harcz, Jr.

  E-mail: joeharcz at comcast.net

  1365 E. Mt. Morris Rd.

  Mt. Morris, MI 48458

  RE:  Request for Information on "I Can Connect"

  Dear Mr. Harcz, Jr.:

  This email is in response to your October 25, 2013, email request for information, received by this office on October 28, 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.

  You have requested information as described in your email as:

  "Could you simply give me two aggregate numbers since you assumed the Director's position of BSBP relative to the "I Can Connect" (Deaf-Blind program funded by the FCC?

  The first very simple question is: how many (just a simple number please) Deaf-Blind clients have been served by BSBP through this program?

  And two: Please give me an aggregate dollar amount of money expended for acquisition and training for these clients."

  Please be informed that the purpose of the FOIA is to provide the public with access to existing, nonexempt public records of public bodies.  It is not the purpose of the FOIA to permit persons to secure, from a public body, 

  Letter - P.J. Harcz, Jr.

  November 26, 2013

  Page 2 of 3

  answers to questions that incidentally may be reduced to a writing as that term is defined under section 2(h) of the FOIA.  If a person submits a 

  request for information in the form of a question, and the public body possesses records containing the information, the public body is obligated to provide the records even though the records were not specifically described in the request.

  So, pursuant to MCL 15.234, Section 4(3) and MCL 15.235, Section 5(2)(c) of the state's FOIA, your request is partially granted and partially denied as to existing, nonexempt public records within LARA responsive to your requests/questions.

  Regarding the granted portions of your requests, MCL 15.234, Section 4(3) of the 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, 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 employee(s) capable of performing tasks necessary to comply with a FOIA request.  To process these particular requests, the lowest paid capable employee(s) must be drawn away from their respective duties and assignments for an estimated minimum of 7 hours at an estimated cost of $257.36.  Due to the aforementioned reasons and published policies and procedures, LARA has determined that failure to charge a fee, in this particular instance, will result in unreasonably high costs to LARA.

  Please note that nothing within the federal American with Disabilities Act 

  (ADA), Section 504 of the federal 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, certain FOIA requested material be produced in an accessible format without charge,

  Letter - P.J. Harcz, Jr.

  November 26, 2013

  Page 3 of 3

  neither statute/regulation preclude a public body from charging certain 

  other processing costs under the state's FOIA.  Therefore, 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 provide to you.

  The estimated cost calculations regarding these particular requests are:

  --Searching for and duplication of records

    General Office Asst. 5 @31.37/hr. (including benefits) X 7 hrs. =$219.59

  --Examining and separating exempt information

    Secretary 7 @ 37.77/hr. (including benefits) X 1 hrs=                  $37.77

  -Other - to be determined depending on the amount of information

  Total estimated processing cost =                                                    $257.36

  To begin the processing of your request, LARA requires a deposit of 50% of the estimated costs which is $128.68.  Please see attached invoice for further information regarding this.

  Upon receipt of the deposit of $128.68, as instructed, LARA/BSBP will notify you of any balance due LARA/BSBP, or owed to you before any responsive records are forwarded/transmitted. If no balance is owed, LARA/BSBP will complete the processing of your FOIA request; inform you of any claimed exemptions and/or disclosure denials; and inform you of your statutory remedial rights.

  Sincerely,

  Carla Miller Haynes, FOIA Coordinator

  Bureau of Services for Blind Persons

  cc:     Edward F. Rodgers II, Sue Luzenski

  Mike Pemble, Katie Belknap

  Leamon Jones, Cindy Caldwell

            Elsie Duell

  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 25, 2013

  TYPE OF REQUEST:  Email

  REQUEST PARTIALLY DENIED:  To be determined

  EXEMPT INFORMATION WITHHELD/REDACTED:  To be determined

  EXTENDED RESPONSE NOTICE ISSUED:  No

  REQUESTED INFORMATION WILL BE:  Emailed/Invoiced For Payment

  ACCOUNT CODE:  Index:   36200        PCA: 11343

  LARA 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:

  ""Could you simply give me two aggregate numbers since you assumed the Director's position of BSBP relative to the "I Can Connect" (Deaf-Blind program funded by the FCC?

  The first very simple question is: how many (just a simple number please) Deaf-Blind clients have been served by BSBP through this program?

  And two: Please give me an aggregate dollar amount of money expended for acquisition and training for these clients."

  INVOICE CALCULATIONS

  LABOR 

  --Searching for and duplication of records

    General Office Asst. 5 @31.37/hr. (including benefits) X 7 hrs. =$219.59

  --Examining and separating exempt information

    Secretary 7 @ 37.77/hr. (including benefits) X 1 hrs. = $37.77

  TOTAL LABOR:           $257.36

  POSTAGE (estimate):          $

  DUPLICATING:  Number of Pages (0) times Copying Rate of $0

  OTHER (overtime, audio tapes, discs, photos, security, etc.):  $0 (to be determined based on the amount of information)

  SUBTOTAL:  $257.36

  Less waived indigency fee under FOIA Act MCL 15.234 Section 4(1)       

  INVOICE TOTAL:        $257.36

  DEPOSIT* $128.68

  BALANCE TO BE PAID*:     $128.68

  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: Tuesday, November 26, 2013 10:43 AM 

  To: Rodgers, Edward (LARA) 

  Cc: nfbmi-talk at nfbnet.org; BSBPcommissioners 

  Subject: Fw: simple questions more on can connect

  Still no response Mr. Rodgers....

  ----- Original Message ----- 

  From: joe harcz Comcast 

  To: Rodgers, Edward (LARA) 

  Cc: nfbmi-talk at nfbnet.org ; bsbpcommissioners at michigan.gov ; Elmer Cerano MPAS ; BRIAN SABOURIN 

  Sent: Monday, November 18, 2013 9:08 AM

  Subject: Fw: simple questions more on can connect

  Never responded to request for basic information...

  ----- Original Message ----- 

  From: joe harcz Comcast 

  To: Rodgers, Edward (LARA) 

  Cc: nfbmi-talk at nfbnet.org ; bsbpcommissioners at michigan.gov 

  Sent: Friday, October 25, 2013 4:35 PM

  Subject: simple questions more on can connect

  October 25 2013 to Rodgers More Simple Questions

  Paul Joseph Harcz, Jr.

  Joeharcz at comcast.net

  Edward Rodgers, BSBP Director

  (Via e-mail)

  Dear Mr. Rodgers,

  Could you simply answer a few basic questions here without making it a silly FOIA request or other obfuscations?

  Could you simply give me two aggregate numbers since you assumed the Director's position of BSBP relative to the "I Can Connect" (Deaf-Blind program funded by the FCC?

  The first very simple question is: how many (just a simple number please) Deaf-Blind clients have been served by BSBP through this program?

  And two: Please give me an aggregate dollar amount of money expended for acquisition and training for these clients.

  Please don't give me a stall or dodge and please don't give me something off the top of your head.

  But, please, please, pretty please simply answer these simple questions.

  I really wish to know.

  Sincerely,

  Paul Joseph Harcz, Jr.

  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