[nfbmi-talk] Fw: FOIA Response to Request forInformationonEmails to BSBP Commissioners
joe harcz Comcast
joeharcz at comcast.net
Thu Oct 17 01:43:39 UTC 2013
Precisely. BSBP is supposed to lead other agencies in this state as well as
others about these basic access to information issues. Yet, it is simply
more abusive than others I'm suing right now over similar issues.
Incredable.
And the worse thing about this as you alluded to is as bad as Cannon was on
these issues in practice the new regime is expodentially worse.
Of course that is kind of like albeithyperbolic trying to denote that Hitler
was worse than Mussolini.
----- Original Message -----
From: "Terry D. Eagle" <terrydeagle at yahoo.com>
To: "'Marcus Simmons'" <president at map-n.org>; "'NFB of Michigan Internet
Mailing List'" <nfbmi-talk at nfbnet.org>
Sent: Wednesday, October 16, 2013 9:38 PM
Subject: Re: [nfbmi-talk] Fw: FOIA Response to Request
forInformationonEmails to BSBP Commissioners
> Nothing like the blind being treated as second-class or lower citizens by
> the agency charged under the law to serve the blind. If the information
> could and was provided to legislators, then why not the blind? That is
> what
> is so disgusting about this BS4BP rubbish!
>
> -----Original Message-----
> From: nfbmi-talk [mailto:nfbmi-talk-bounces at nfbnet.org] On Behalf Of
> Marcus
> Simmons
> Sent: Tuesday, October 15, 2013 8:45 PM
> To: NFB of Michigan Internet Mailing List
> Subject: Re: [nfbmi-talk] Fw: FOIA Response to Request for
> InformationonEmails to BSBP Commissioners
>
> 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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> g
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>
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