[nfbmi-talk] Fw: Fw: Draft FOIA Appeal Response
joe harcz Comcast
joeharcz at comcast.net
Sat Aug 23 06:39:24 UTC 2014
My Goodness! Goody two shoes and all sorts of nicey-nicey words to perverse
and utterly ludicrous, silly and outrightly weird, on their face notions as
follows?
----- Original Message -----
From: "joe harcz Comcast" <joeharcz at comcast.net>
To: <nfbmi-talk at nfbnet.org>
Sent: Monday, September 09, 2013 10:55 AM
Subject: [nfbmi-talk] Fw: Draft FOIA Appeal Response
>
> ----- Original Message -----
> From: Farmer, Mel (LARA)
> To: joe harcz Comcast
> Sent: Monday, September 09, 2013 10:53 AM
> Subject: RE: Draft FOIA Appeal Response
>
>
> As chief Deputy Director of the Michigan Department of Licensing and
> Regulatory Affairs (LARA) in which the Bureau of Services for Blind
> Persons is located in and administered by, Mr. Zimmer is authorized by the
> Director of LARA to sign many documents on behalf of LARA. Mr. Zimmer
> receives no direct or indirect benefit from such authorized signings.
> Thusly, if as you allege, he signed the RSA, State Plan supplement, there
> is no apparent or actual conflict of interest.
>
>
>
> From: joe harcz Comcast [mailto:joeharcz at comcast.net]
> Sent: Monday, September 09, 2013 10:35 AM
> To: Farmer, Mel (LARA)
> Subject: Re: Draft FOIA Appeal Response
>
>
>
> Is this the same Mr. Zimmer who also signed as head of the Designated
> State Unit the very RSA, State Plan supplement at issue here?
>
>
>
> Well there isn't a conflict of interest or even an apparent one with this
> factoid eh?
>
>
>
>
>
> ----- Original Message -----
>
> From: Farmer, Mel (LARA)
>
> To: joe harcz Comcast (joeharcz at comcast.net)
>
> Cc: Rodgers, Edward (LARA) ; Haynes, Carla (LARA)
>
> Sent: Monday, September 09, 2013 9:41 AM
>
> Subject: FW: Draft FOIA Appeal Response
>
>
>
> Mr. Harcz, in accordance with MCL 15.240, Section 10 of the Michigan
> Freedom of Information Act (FOIA), enclosed is the response notice from
> Mr. Michael Zimmer, Chief Deputy Director and FOIA Appeals Officer,
> Michigan Department of Licensing and Regulatory Affairs to your September
> 3, 2013 appeal of the Bureau of Services for Blind Persons August 29, 2013
> partial disclosure denial of your August 9, 2013 FOIA request.
>
>
>
>
>
> September 9, 2013
>
> Mr. Paul Joseph Harcz, Jr.
>
> 1365 E. Mt. Morris Rd.
>
> Mt. Morris, MI 48458
>
> joeharcz at comcast.com
>
>
>
> RE: Appeal of Freedom of Information Act Disclosure Denial and Fee Charge
>
>
>
> Dear Mr. Harcz:
>
>
>
> This notice is in response to the attached copy of your September 3, 2013
> email appealing the Department of Licensing and Regulatory Affairs (LARA),
> Bureau of Services for Blind Persons' (BSPB) August 29, 2013 partial
> disclosure denial of your August 9, 2013 Freedom of Information Act
> (FOIA), MCL 15.231 et seq., request for copies of existing, nonexempt
> public records you describe as:
>
>
>
> --The recent state plan submission made to RSA.
>
> --All of the transcripts of the "commissions" meetings to date.
>
>
>
> You identify the reasons for you appeal are:
>
> 1. The charges ($61.59) related to processing your request.
>
> 2. Denial of disclosure of the state plan submitted to the U.S.
> Department of Education, Rehabilitation Services Administration (RSA).
>
> After a thorough review of the factors related to this appeal, pursuant
> to MCL 15.240, Section 10(2)(b) of the Michigan FOIA, I am upholding
> BSBP's August 29, 2013 FOIA fee processing charges and the disclosure
> denial of the draft state plan submitted to the RSA. This determination is
> based on the following:
>
> A. FOIA Processing Charges:
>
> Both state and federal regulations/policies on accessibility indicate
> that public bodies may implement provisions to cover costs to comply with
> requests that would result in "undue financial and administrative
> burdens." The Michigan FOIA, MCL 15.234, Section 4(1), provides that "A
> public body may charge a fee for a public search ." MCL 15.234, Section
> 4(3) states "A fee shall not be charged for the cost of search,
> examination, review, and the deletion and separation of exempt from
> nonexempt information.unless failure to charge a fee would result in
> unreasonably high costs to the public body because of the nature of the
> request in the particular instance, and the public body identifies the
> nature of these unreasonably high costs." Also, in accordance with MCL
> 15.234, Section 4(3) of the Michigan FOIA, the LARA established and
> published FOIA policies, procedures, and guidelines which implement its
> fee assessment to the general public; and established the threshold for
> "unreasonably high costs" as any labor or other processing costs exceeding
> $25.00. The LARA FOIA fee charging policies are similar to that of many
> federal agencies, including the U.S. Departments of Justice and Education.
> For instance, the U.S. Department of Justice's FOIA fee charge policy for
> non-commercial or media requests states "The third category includes all
> other requests who are charged only for record searches and duplication."
> Thusly, LARA's FOIA fee charge for processing your request for all
> commission transcripts to date is in accordance with federal standards.
>
> B. State Plan Submitted to RSA:
>
> The requested proposed draft state plan is currently under review by the
> RSA and will not be the state's official plan until RSA and LARA/BSBP
> agree on any outstanding issues related to the plan. MCL 15.243, Section
> 13(1)(m) of the Michigan FOIA provides that communications and notes
> within or between public bodies of an advisory nature to the extent that
> they cover other than purely factual materials and are preliminary to a
> final agency determination of policy or action may be exempted from
> disclosure. There is clearly the need for frank communications between
> LARA/BSBP and RSA officials to resolve any issues before the proposed
> state plan is finalized by the RSA. Once finalized, it will be made
> available to the general public.
>
> This notice constitutes LARA's final determination regarding this FOIA
> appeal. In accordance with MCL 15.240 of the Michigan FOIA, you may seek
> judicial review in circuit court within 180 days after this notice
> regarding LARA's disclosure and requested relief denials. If you prevail
> in court action, the court may award you reasonable attorney fees, costs,
> and disbursements. If the court finds LARA's actions to be arbitrary and
> capricious, the court shall award you, in addition to any actual or
> compensatory damages, punitive damages in the amount of $500.00.
>
>
>
> Sincerely,
>
>
>
> /S/Michael Zimmer
>
> Chief Deputy Director and
>
> FOIA Appeals Officer
>
>
>
>
>
>
>
> From: joe harcz Comcast <joeharcz at comcast.net>
> Date: September 3, 2013, 11:46:19 PM EDT
> To: "Arwood, Steve (LARA)" <ArwoodS at michigan.gov>
> Cc: "Zimmer, Mike (LARA)" <zimmerm at michigan.gov>
> Subject: Fw: FOIA Response
>
> Appeal!
>
> ----- 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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