[nfbmi-talk] Fw: FOIA Response to Request for Information on "ICanConnect"

joe harcz Comcast joeharcz at comcast.net
Tue Nov 26 20:10:21 UTC 2013


But I thought they wwere supposed to work for us and not the other way 
around?
----- Original Message ----- 
From: "Marcus Simmons" <president at map-n.org>
To: "NFB of Michigan Internet Mailing List" <nfbmi-talk at nfbnet.org>
Sent: Tuesday, November 26, 2013 2:52 PM
Subject: Re: [nfbmi-talk] Fw: FOIA Response to Request for Information on 
"ICanConnect"


> Anything to get money!
> ----- Original Message ----- 
> From: "joe harcz Comcast" <joeharcz at comcast.net>
> To: <Christyne.Cavataio at ed.gov>
> Cc: "BRIAN SABOURIN" <BSABOUR at mpas.org>; "Elmer Cerano MPAS" 
> <ECERANO at mpas.org>; "MARK CODY" <MCODY at mpas.org>; <nfbmi-talk at nfbnet.org>
> Sent: Tuesday, November 26, 2013 1:26 PM
> Subject: [nfbmi-talk] Fw: FOIA Response to Request for Information on "I 
> CanConnect"
>
>
>
> ----- 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
>
>
>
>
>
> --------------------------------------------------------------------------------
>
>
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>
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