[nfbmi-talk] Fw: FOIA Response to Request for Information onEmails to BSBP Commissioners
Marcus Simmons
president at map-n.org
Wed Oct 16 00:45:27 UTC 2013
I agree. I had problems with DSBP (no communication) and I got frustrated,
so I sent a request under the freedom of information act. In return I got a
receipt for $300. I then contacted my senator and representative. Guess
what. DSBP gave the information to my senator and he relayed it to me at no
charge.
----- Original Message -----
From: "Christine Boone" <christineboone2 at gmail.com>
To: "NFB of Michigan Internet Mailing List" <nfbmi-talk at nfbnet.org>
Sent: Tuesday, October 15, 2013 6:42 PM
Subject: Re: [nfbmi-talk] Fw: FOIA Response to Request for Information
onEmails to BSBP Commissioners
> This should be sent to your State representative and to your state
> senator.
>
> Boone Christine Sent from my iPhone
>
>> On Oct 15, 2013, at 5:19 PM, "joe harcz Comcast" <joeharcz at comcast.net>
>> wrote:
>>
>>
>> ----- 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)
>> Sent: Tuesday, October 15, 2013 5:01 PM
>> Subject: FOIA Response to Request for Information on Emails to BSBP
>> Commissioners
>>
>>
>> October 15, 2013
>>
>>
>>
>> Mr. Paul Joseph Harcz, Jr.
>>
>> E-mail: joeharcz at comcast.net
>>
>> 1365 E. Mt. Morris Rd.
>>
>> Mt. Morris, MI 48458
>>
>>
>>
>> Re: Response to Request for Information on Emails to BSBP Commissioners
>>
>>
>>
>> Dear Mr. Harcz, Jr.:
>>
>>
>>
>> This email is in response to your September 27, 2013, email request for
>> copies of records, received on September 28, 2013. Please be informed
>> 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. On October 3, 2013, an extension was taken on this request to
>> October 16, 2013.
>>
>>
>>
>> You have requested information as described in your email as:
>>
>> "..remit all the information you've sent or, that your agents, have sent
>> to "commissioners" to me as either Word documents or plain text
>> enclosures to my e-mail address listed above."
>>
>>
>>
>> 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/BSBP responsive to
>> your requests.
>>
>>
>>
>> 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
>>
>>
>>
>> FOIA Response - P.J. Harcz, Jr.
>>
>> October 15, 2013
>>
>> Page 2 of 2
>>
>>
>>
>>
>>
>> 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 6 hours at an estimated cost of $200.22 (see invoice below).
>> Due to the aforementioned reasons and published policies and procedures,
>> LARA/BSBP has determined that failure to charge a fee, in this particular
>> instance, will result in unreasonably high costs to LARA/BSBP. Once we
>> have received your deposit of $100.11, we will begin the processing of
>> your request and will notify you of any money due to you or any
>> additional money owed by you.
>>
>>
>>
>> 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.
>>
>>
>>
>> Sincerely,
>>
>>
>>
>>
>>
>> Carla Miller Haynes, FOIA Coordinator
>>
>> Bureau of Services for Blind Persons
>>
>>
>>
>> Attachments - 2: Email Request for Information and Invoice
>>
>> cc: Edward F. Rodgers II, Sue Luzenski
>>
>> Mike Pemble, Katie Belknap
>>
>> 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: September 28, 2013
>>
>> TYPE OF REQUEST: Email
>>
>> REQUEST PARTIALLY DENIED: Yes
>>
>> EXEMPT INFORMATION WITHHELD/REDACTED: To be determined
>>
>> EXTENDED RESPONSE NOTICE ISSUED: Yes
>>
>> 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:
>>
>>
>>
>> "..remit all the information you've sent or, that your agents, have sent
>> to "commissioners" to me as either Word documents or plain text
>> enclosures to my e-mail address listed above."
>>
>>
>>
>> INVOICE CALCULATIONS
>>
>>
>>
>> LABOR
>>
>> Locating and Duplicating Cost:
>>
>> Number of Hours: 5 hrs. x Hourly Rate: $31.37 = $156.85
>>
>> Examining and Extracting Cost:
>>
>> Number of Hours: 1 hrs. x Hourly Rate: $31.37 = $31.37
>>
>> TOTAL LABOR: $188.22
>>
>> POSTAGE (estimate): $3.00
>>
>> DUPLICATING: Number of Pages (0) times Copying Rate of $0
>>
>> OTHER (overtime, audio tapes, discs, photos, security, etc.): $9.00 (for
>> USB Drive)
>>
>>
>>
>> SUBTOTAL: $200.22
>>
>> Less waived indigency fee under FOIA Act MCL 15.234 Section 4(1)
>>
>>
>>
>> INVOICE TOTAL: $200.22
>>
>>
>>
>> DEPOSIT* $100.11
>>
>>
>>
>> BALANCE TO BE PAID*: $100.11
>>
>>
>>
>> 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: Friday, September 27, 2013 6:01 PM
>>
>> To: Rodgers, Edward (LARA)
>>
>> Cc: nfbmi-talk at nfbnet.org; BSBPcommissioners; Elmer Cerano (E-mail);
>> BRIAN SABOURIN; valarie
>>
>> Barnum Yarger MISILC; Marlene Malloy; Craig McManus RSA; Carol Dobak;
>> Zimmer, Mike (LARA);
>>
>> Arwood, Steve (LARA)
>>
>> Subject: request basic bsbp information common sense
>>
>>
>>
>> September 27 2013 to Rodgers Re: Commissioners Info
>>
>>
>>
>> Paul Joseph Harcz, Jr.
>>
>> 1365 E. Mt. Morris Rd.
>>
>> Mt. Morris, MI 48458
>>
>> 810-516-5262
>>
>> joeharcz at comcast.net
>>
>> To: Edward Rodgers, Director BSBP
>>
>> Via e-mail
>>
>>
>>
>> Dear Sir,
>>
>>
>>
>> I, a blind person and advocate, am requesting from you personally and
>> acting in your official capacity all information sent during the past
>> fiscal year to the present sent via e-mail to any and all commissioners
>> of BSBP, as sent. This cost nothing as it was sent via e-mail and is in
>> their hands, pure and simple in said format which is accessible to me.
>>
>>
>>
>> It is already thus done, completed and again costs nothing.
>>
>>
>>
>> The charges for remitting this stuff via FOIA violates the Americans with
>> Disabilities Act of 1990, the Rehabilitation Act of 1973 (both Title I
>> regarding such information, and Section 504). Moreover it simply violates
>> common sense and transparency of public entities and public officials.
>>
>>
>>
>> This information sire does not belong to you as some sort of privilege
>> but belongs to we citizens including those of us who happen to be blind.
>>
>>
>>
>> I expect this information directly as I'm certain that neither you nor
>> the agency you represents wishes to have costly litigation including
>> Section 1983 actions.
>>
>>
>>
>> Thus I anticipate that you will simply, once again remit all the
>> information you've sent or, that your agents, have sent to
>> "commissioners" to me as either Word documents or plain text enclosures
>> to my e-mail address listed above.
>>
>>
>>
>> I thank you once again for your personal and attentive nature to this
>> request and to your prompt compliance with known obligations.
>>
>>
>>
>> Most Warmly,
>>
>>
>>
>> Paul Joseph Harcz, Jr.
>>
>>
>>
>> Cc: commissioners
>>
>> Cc: nfb mi
>>
>> Cc: rsa
>>
>> Cc: arwood, zimmer lara/dsa
>>
>> Cc: mi silc
>>
>> Cc: mpas/cap
>>
>> Cc: several media
>>
>>
>>
>> Cc:
>>
>>
>>
>>
>>
>>
>>
>>
>>
>> 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
>>
>>
>> <FOIA Response - Invoice Sent.doc>
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>
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