[nfbmi-talk] Fw: FOIA Response to Request for Information on Minutes/Transcripts, State Plan and BSBP Directory

Tue Oct 29 13:52:38 UTC 2013

For the love of money is the root of all evil.

Derek E Moore, M.Ed
Grand Rapids, MI 49507

________________________________
 From: joe harcz Comcast <joeharcz at comcast.net>
To: nfbmi-talk at nfbnet.org 
Sent: Tuesday, October 29, 2013 9:46 AM
Subject: [nfbmi-talk] Fw: FOIA Response to Request for Information on	Minutes/Transcripts, State Plan and BSBP Directory

----- Original Message ----- 
From: joe harcz Comcast 
To: Elmer Cerano (E-mail) 
Cc: MARK MCWILLIAMS ; BRIAN SABOURIN 
Sent: Tuesday, October 29, 2013 9:45 AM
Subject: Fw: FOIA Response to Request for Information on Minutes/Transcripts, State Plan and BSBP Directory

----- Original Message ----- 
From: joe harcz Comcast 
To: Haynes, Carla (LARA) 
Sent: Tuesday, October 29, 2013 9:43 AM
Subject: Re: FOIA Response to Request for Information on Minutes/Transcripts, State Plan and BSBP Directory

Yes and here you once again wish to charge me for minutes! How utterly insane is that? And how bloody of a violation of the OMA is this?

By the way violations of the Michigan Open Meetings Act like this is are not just civil violations but also are criminal violations. In fact it is amisdeamor.

  ----- 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: Monday, October 28, 2013 5:02 PM
  Subject: FOIA Response to Request for Information on Minutes/Transcripts, State Plan and BSBP Directory

  October 28, 2013

  Mr. Paul Joseph Harcz, Jr.

  E-mail: joeharcz at comcast.net

  1365 E. Mt. Morris Rd.

  Mt. Morris, MI 48458

  Re:  FOIA Response to Request for Information on Minutes/Transcripts, State Plan and BSBP Staff Directory

  Dear Mr. Harcz, Jr.:

  This email is in response to your October 21, 2013, email requests for information, received by this office on October 22, 2013.  Please be advised that the Bureau of Services for Blind Persons is processing these requests under the state's Freedom of Information Act (FOIA), MCL 15.231 et seq.

  You have requested information as described in your emails (which are also below) as:

  "You said at Saturday's NFB MI meeting that BSBP routinely posts information related to commissioners meetings including minutes/transcripts and State Plan information which I've requested...

  Moreover even the office and staff directory has not been updated (see it and the link after my signature line for your convenience). In fact it doesn't even include you.  Now can you send me this stuff in accessible format without another ludicrous and illegal abuse of the FOIA?"

  (Description from email of 10-24-13 at 3:24PM): "Your name is listed but there are still many changes in the staff directory here which doesn't include those who have left the or new additions..."

  In regards to your request for minutes/transcripts, you previously requested this information on August 9, 2014, and of which you received a response on August 29, 2013, granting the information and requesting payment for these records.  

  FOIA Response - P.J. Harcz, Jr.

  October 28, 2013

  Page 2 of 2

  To date, we have not received your payment for this request.  We are currently in the process of updating our website to include this information.

  In regards to your request for the State Plan for FY14, this document has been approved by the Rehabilitation Services Administration and has been posted to our website (www.michigan.gov/bsbp), under Resources.

  In regards to your request for an updated BSBP directory, in order to determine the extent of the research time, the size and number of records of nonexempt information within BSBP responsive to your request, a search must be undertaken.  For this reason, it is necessary to extend the time for response, as permitted by Section 5(2)(d) of the FOIA, through November 12, 2013, for this portion of your request.

  If it is determined that there is a cost involved in the processing of this request, you will be sent an email which will include an invoice outlining that cost (before or no later than November 12, 2013).  This email may either request a deposit (if the cost is over $50.00) or request payment of the total cost if the amount is under $50.00.

  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:  Two Email Requests for Information

  cc:     Edward F. Rodgers II, Sue Luzenski

            Mike Pemble, Katie Belknap

  Elsie Duell

  From: joe harcz Comcast [mailto:joeharcz at comcast.net] 
  Sent: Monday, October 21, 2013 3:11 PM
  To: Rodgers, Edward (LARA)
  Cc: Zimmer, Mike (LARA); BSBPcommissioners; nfbmi-talk at nfbnet.org; Elmer Cerano (E-mail); BRIAN SABOURIN; Christyne.Cavataio at ed.gov
  Subject: information and access please basic directory and minutes

  October 21 2013 to Rodgers on BSBP Info including Directory

  Paul Joseph Harcz, Jr.

  joeharcz at comcast.net            

  To Ed Rodgers, BSBP

  And BSBP Commissioners

  (via e-mail)

  Dear Mr. Rodgers,

  You said at Saturday's NFB MI meeting that BSBP routinely posts information related to commissioners meetings including minutes/transcripts and State Plan information which I've requested. Simple fact that you and it does not do so and all one needs do is visit the web site which I do.

  Moreover even the office and staff directory has not been updated (see it and the link after my signature line for your convenience). In fact it doesn't even include you.

  Now can you send me this stuff in accessible format without another ludicrous and illegal abuse of the FOIA? Or should I begin charging this federally funded entity for all the work and research I do like getting an accurate staff directory, minutes/transcripts and State Plan information  for crying out loud?

  Sincerely,

  Paul Joseph Harcz, Jr.

  Cc: MPAS

  Cc: NFB MI

  Cc: RSA

  -----Original Message-----

  From: joe harcz Comcast [mailto:joeharcz at comcast.net] 

  Sent: Monday, October 21, 2013 3:24 PM

  To: Rodgers, Edward (LARA)

  Cc: nfbmi-talk at nfbnet.org

  Subject: Fw: [nfbmi-talk] information and access please basic directory andminutes

  Sorry slight amendmendment here. Your name is listed but there are still many changes in the staff directory here which doesn't include those who have left the agency or new additions like say Mike Pemble, or Robert Essenberg since October 1, 2012.

  ----- Original Message -----

  From: "joe harcz Comcast" <joeharcz at comcast.net>

  To: "Rodgers, Edward (LARA)" <rodgerse at michigan.gov>

  Cc: <Christyne.Cavataio at ed.gov>; "Elmer Cerano (E-mail)" <ecerano at aol.com>; <nfbmi-talk at nfbnet.org>; "BRIAN SABOURIN" <BSABOUR at mpas.org>; <bsbpcommissioners at michigan.gov>; <zimmerm at michigan.gov>

  Sent: Monday, October 21, 2013 3:11 PM

  Subject: [nfbmi-talk] information and access please basic directory andminutes

  October 21 2013 to Rodgers on BSBP Info including Directory

  Paul Joseph Harcz, Jr.

  joeharcz at comcast.net

  To Ed Rodgers, BSBP

  And BSBP Commissioners

  (via e-mail)

  Dear Mr. Rodgers,

  You said at Saturday's NFB MI meeting that BSBP routinely posts information related to commissioners meetings including minutes/transcripts and State Plan information which I've requested. Simple fact that you and it does not do so and all one needs do is visit the web site which I do.

  Moreover even the office and staff directory has not been updated (see it and the link after my signature line for your convenience). In fact it doesn't even include you.

  Now can you send me this stuff in accessible format without another ludicrous and illegal abuse of the FOIA? Or should I begin charging this federally funded entity for all the work and research I do like getting an accurate staff directory, minutes/transcripts and State Plan information for crying out loud?

  Sincerely,

  Paul Joseph Harcz, Jr.

  Cc: MPAS

  Cc: NFB MI

  Cc: RSA

  Link:

  http://www.michigan.gov/lara/0,4601,7-154-61256_28313_33130-15006--,00.html

  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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