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

[joe harcz Comcast]

Right on, but moreover when relating to meetings each and everything is not 
a violation of the FOIA, but rather multiple violations of civil rights laws 
(504) and the ADA which are federal civil rights laws. And these violations 
carried out by a state actor are actionable against same under Section 1983 
for knowing, willful and malicious violations of my and others 
constitutionally derived civil rights.


----- Original Message ----- 
From: "Terry D. Eagle" <terrydeagle at yahoo.com>
To: "'NFB of Michigan Internet Mailing List'" <nfbmi-talk at nfbnet.org>
Sent: Wednesday, October 16, 2013 8:36 PM
Subject: Re: [nfbmi-talk] Fw: FOIA Response to Request for Information 
onEmailsto BSBP Commissioners


> 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
>
>
>
>
> _______________________________________________
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