[nfbmi-talk] Fw: FOIA Response to Request for Information on Emailsto BSBP Commissioners

Thu Oct 17 00:36:49 UTC 2013

Very interesting FOIA request response, given that even Patrick Cannon had a
method for citizens to subscribe to a list for mailing, e-mail or snail
mail, at no cost, of materials sent to MCB Commissioners, as provided by a
provision of the Michigan FOIA.

It raises a question of just what, if anything, is being shared with the
advisory commissioners?  Should the answer be revealed, it likely would be
discovered and revealed that very little is being shared with the advisory
commissioners.  Like the secret process of the Tim Horton negoiations, that
which the BS4BP is doing is a matter of secrecy.  Or is the actual truth
that nothing beneficial is being done for the blind of Michigan, and there
is nothing worth any value to report?  

Here are two suggestions as an alternative to Rodgers BS4BP neighborhood
tactics of hiding behind the FOIA shrubs:

1.  If the ADVISORY COMMISSIONERS actually and seriously do represent the
blind of this state, then the advisory commissioners should become the
Rodgers neighborhood watch, and make available and post, at no cost,  those
materials they get from the BS4BP Rodgers neighborhood to them as
commissioners and representatives of we the blind.  Since the advisory
commission has no representation from NFB, perhaps Joe Sibley will gladly
dare post that which he gets as an advisory commissioner, on the MCBVI
website.  After all, if you were proud to be a governor appointed
commissioner representing the blind of the state, would you not be eager to
share with your constituency that which you are proudly doing to advocate
and advance that which is beneficial and positive on behalf of those you
represent?  Or is there simply a lack of incentive, duty, or moral
impairative to do so?

2.  How about, a novel approach of transparency in government?  Within this
concept, the Cannon method of information distribution to commissioners
could be reinstated.  Rodgers has made it clear that any history prior to
October 1, 2012, the date of his coronation, means nothing to him, and
should not matter.  But within the transparency idea, perhaps the spirit
andlegislative  intent of the FOIA can be applied, rather than use of
exceptions within the law to hide, obstruct, and deny transparency in
government to the citizenry.   

-----Original Message-----
From: nfbmi-talk [mailto:nfbmi-talk-bounces at nfbnet.org] On Behalf Of joe
harcz Comcast
Sent: Tuesday, October 15, 2013 5:19 PM
To: nfbmi-talk at nfbnet.org
Subject: [nfbmi-talk] Fw: FOIA Response to Request for Information on
Emailsto BSBP Commissioners

----- 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