[nfbmi-talk] Fw: FOIA Response

joe harcz Comcast joeharcz at comcast.net
Wed Sep 4 03:33:49 UTC 2013


----- Original Message ----- 
From: joe harcz Comcast 
To: Haynes, Carla (LARA) 
Sent: Tuesday, September 03, 2013 11:28 PM
Subject: Re: FOIA Response


Dear Ms Haynes,

As to the second part of your ludicrous and outrageous response here relative to existing transcripts" of commission meetings these cost the LARA, BSBP and in fact no one a single dollar to reproduce as a simple forward to me as BSBP has already sent them in existing form to the non-relevant "commission" already. In fact you don't even have the simple standard reproduction or postage costs here for I ask for them as they were and in fact they could at little or no cost be placed on BSBP's web site., letalone, be simply "fwd" to me as I suggest.


Indeed, I as a blind man can read the transcripts that your agency has already acknowledged and sent to commissioners in this for as my "computer talks" as you well know, or should know.

Your, charges for search of these documents and the arbitrary and capricious nature of these requests is  thus appealed here and denote as a blind man any corollary responses must be made in aforementioned accessible format too.

Again as per your denial of the state plan submission this is nothing short of insane double speak and in violation of aforementioned judicial and regulatory references of which I'll have several lawyers and media outlets more than "looking at".

The best thing for you and the agency would be to simply remit these documents in accessible format, and a timely manner.

Moreover how does any of this garbage over years jive with the requirements of consumer control over a federally funded VR entity, let alone one that is "consumer informed". You and LARA, and indeed BSBP work for we the people, including those of us who happen to be blind and not the other way around.

Again this is an appeal at the outrageous and arbitrary and capricious activities of your office mame.


Sincerely,

Paul Joseph Harcz, Jr.

cc: file
cc: MPAS
cc: RSA
cc: OCR, Ed.
cc: several private attorneys at law
cc: several media
cc: MI SiLC
cc: MCRS

  ----- Original Message ----- 
  From: Haynes, Carla (LARA) 
  To: joe harcz Comcast (joeharcz at comcast.net) 
  Cc: Rodgers, Edward (LARA) ; Luzenski, Sue (LARA) ; Pemble, Mike (LARA) ; Belknap, Katie (LARA) ; Duell, Elsie (LARA) ; Edmonds, Lucy (LARA) 
  Sent: Thursday, August 29, 2013 5:17 PM
  Subject: FOIA Response


  August 29, 2013 (Sent via Email and US Mail, Prepaid on this date)

   

  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

   

  Dear Mr. Harcz, Jr.:

   

  This email is in response to your August 9, 2013, email request for copies of public records, received on August 10, 2013, in this office which the Bureau of Services for Blind Persons (BSBP) is processing under the state's Freedom of Information Act (FOIA), MCL 15.231 et seq.  On August 16, 2013, an extension was taken until August 30, 2013.

   

  You have requested information as described in your email as:

  "-The recent state plan submission made to RSA

  -All of the transcripts of the "commission" meetings to date"

   

  Your request is granted in part and denied in part.

   

  In regards to your request for "the recent state plan submission made to RSA", this request is denied under FOIA, MCL 15.243, Section 13 (m).  The submissions to RSA have not been approved and are preliminary to the final RSA approval.  By releasing this information prior to approval, frank communication between RSA, LARA and the Bureau of Services for Blind Persons would be discouraged between the parties.

   

   

  Response - P.J. Harcz, Jr.

  August 29, 2013

  Page 2 of 3

   

   

   

   

  In regards to your request for "all transcripts of the "commission" meetings to date", your request is granted as to the approved transcripts.  The documents responsive to your request are two transcripts from meetings of January 17, 2013, and March 28, 2013.  Section 4(1) of the FOIA, MCL 

  15.234(1), provides that a public body may charge a fee for public record search, including the mailing costs, the cost of duplication or publication including labor, the cost of search, examination, review, and the deletion and separation of exempt from nonexempt information.  In order to complete the processing of your request, and based on the hourly wages and benefits of the lowest paid Department employee capable of performing the necessary tasks to process your request, we are requesting a deposit of $30.79 in order to begin the processing of this request.  An invoice is attached that outlines the costs.

   

  Once payment is received for the deposit, we will process your request, and request payment for the total amount of the actual cost of the request.  When we receive this payment, we will send the transcripts to you on a USB flash drive, via the U.S. Mail.


   

  Under MCL 15.240 of the FOIA you may (1) submit a written appeal regarding the denial of any portion of your FOIA request to Mr. Steve Arwood, Director, Michigan Department of Licensing and Regulatory Affairs: Attention, Mike Zimmer, Chief Deputy Director, Ottawa Building, 4th Floor, P.O. Box 30004, Lansing, MI 48909. Your appeal notice must include the word "appeal" and state the reason(s) for reversal of the denial(s); or (2) you may seek judicial review in circuit court within 180 days of the Department's final determination. If you prevail in such action, the court shall award reasonable attorney fees, costs, and disbursements. If the court finds the Department's actions to be arbitrary and capricious, the court, in addition to any actual or compensatory damages, award punitive damages in the amount of $500.00.

   

   

  Response - P.J. Harcz, Jr.

  August 28, 2013

  Page 3 of 3

   

   

   

   

  Sincerely,

   

  Carla Miller Haynes, FOIA Coordinator

  Bureau of Services for Blind Persons

   

  Attachments:  Two

  1.      Invoice 

  2.      Request for Information

   

   

  cc:     Edward F. Rodgers II

            Sue Luzenski

            Mike Pemble

  Katie Belknap

            Elsie Duell

            Lucy Edmonds

            Constance Zanger

            James Hull

   

   


  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:  August 10, 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:

   

  "-The recent state plan submission made to RSA

  -All of the transcripts of the "commission" meetings to date"

   

  INVOICE CALCULATIONS

   

  LABOR 

            Locating and Duplicating Cost:  

  Number of Hours: .5 hrs. x Hourly Rate: $31.06 = Amount:      $15.53

            Examining and Extracting Cost:  

                     Number of Hours:  1 hrs. x Hourly Rate: $31.06 = Amount:                          $31.06

  TOTAL LABOR:           $46.58

  POSTAGE (estimate):          $5.00

  DUPLICATING:  Number of Pages (0) times Copying Rate of $0

  OTHER (overtime, audio tapes, discs, photos, security, etc.):  $10.00 (USB Flash Drive)

   

  SUBTOTAL:

  Less waived indigency fee under FOIA Act MCL 15.234 Section 4(1)       

   

  INVOICE TOTAL:        $61.59

   

  DEPOSIT* $30.79

   

  BALANCE TO BE PAID*:     $30.80

   

  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, August 09, 2013 1:03 PM 

  To: Rodgers, Edward (LARA) 

  Cc: Marlene Malloy MRC Dir; Craig McManus RSA; nfbmi-talk at nfbnet.org; MARK MCWILLIAMS 

  Subject: requestfor information ada etc

   

  August 9 2013 Request BSBP

   

  Paul Joseph Harcz, Jr.

  1365 E. Mt. Morris Rd.

  Mt. Morris, MI  48458

  joeharcz at comcast.net

   

  To: Ed Rodgers

  Director Bureau of Services for Blind Persons

   

  (Via E-mail)

   

   

  Dear Mr. Rodgers,

   

  As an advocate who is blind I am requesting the following accessible information from you:

   

  -The recent state plan submission made to RSA

  -All of the transcripts of the "commissions" meetings to date

   

   

  I make these requests in accordance with known obligations under both Title I, and Section 504 of the Rehabilitation Act of 1973, as well as those requiring effective communications (without surcharge) pursuant to Title II, of the Americans with Disabilities Act of 1990 (subpart e, communications).

   

   

   

  To wit: I request the documents are sent to me as either Word attachments, or plain text enclosures to my e-mail address listed above for  I use screen reading technology.

   

  I thank you in advance for your prompt and accessible response.

   

  Sincerely,

   

  Paul Joseph Harcz, Jr.

   

  Cc: file

  Cc: NFB MI

  Cc: MPAS

  Cc: MCRC

  Cc: several

   

   

   

  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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