[nfbmi-talk] Response to FOIA Request Dated February 2, 2012, Received March 2, 2012

[joe harcz Comcast]

Sirs,

Now sometimes politics means something and something it doesn't. Frankly I think Democrats and Republicans suck alike in demonstrable fashion. Well maybe not. for actually the Republican Administration of Rick Snyder has been far more abusive than the prior Administration as the following and subsequent posts assert.

I mean I thought the Grandholmn Administration sucked wind big-time. But you ad other hacks of this Administration make them look like "pikers". And I document everything I do.

This is just one out ludicrous and outright "nuts' FOIA response that does noting but cover burecratic back sides and not that well at that.

but here you and the Department start to touché upon FOIA garbage that approaches $800,000 to a common citizen who is blind and if anyone can't figue out the outright and utter discrimination of this all then he or she is just another hack like you Mr. Farmer who isn't a public servant, but who rather is a predator against the public as clearly this one response alone demonstrates.

It would make me laugh if it wasn't so goofy.
  ----- Original Message ----- 
  From: Farmer, Mel (LARA) 
  To: 'joe harcz Comcast' 
  Cc: Cannon, Patrick (LARA) ; Haynes, Carla (LARA) 
  Sent: Monday, March 05, 2012 1:30 PM
  Subject: FW: Response to FOIA Request Dated February 2, 2012, Received March 2, 2012


   

   

   

  March 5, 2012

   

  Mr. Paul Joseph Harcz, Jr.

  E-mail: joeharcz at comcast.net

  1365 E. Mt. Morris Rd.

  Mt. Morris, MI 48458

   

  Re:  Executive Order 2012-2 Email Records Request

   

  Dear Mr. Harcz:

   

  This notice is in response to your email request to me  dated February 2, 2012, received March 2, 2012, for copies of existing, nonexempt public records you describe as:

  ".any e-mail correspondence between any personnel of the Michigan Department of Licensing and Regulatory Affairs and the United States Department of Education, Rehabilitation Services Administration prior to and related to Executive Order No. 2012-2."

   

   Please be informed that the Department is processing this request under the state's Freedom of Information Act (FOIA), MCL 15.231 et seq.

   

  Pursuant to MCL 15.235, Section 5(2)(a) of the state's FOIA ,your request is granted as to existing, nonexempt records in the possession of the Department falling within the scope of your request, subject to MCL 15.234 of the FOIA.

   

  MCL 234, Section 4(1) of the state's FOIA provides that a public body may charge a fee for public record search, including costs, for the search, examination, review, and the deletion and separation of exempt from nonexempt information. The Department has determined that it's +3,600  employees will have to be drawn away from their respective duties and assignments for an average of 10-15 minutes each to search for, locate, and retrieve email records to determine if they are responsive to your request; and to examine and review the responsive records for possible statutory exemptions from public disclosure. For the above reasons, the Department, pursuant to MCL 15.234, Section 4(3) of the FOIA, has determined that failure to charge a fee, in this particular instance, will result in unreasonably high costs to the Department. The estimated costs to process this request, based on the hourly wages (including fringe benefits) of the lowest paid Department employee ( General Office Assistant 5 at $25.10/hour, including benefits) capable of performing the necessary tasks to comply with your request, including the waiver of $20.00, is  $18, 805.00. This estimated processing cost is based on the following calculations:

  --10 to 15 minutes X 3,600 employees =36,000 & 54,000 minutes=600 to 900 hours

  --600 hours & 900 hours X $25.10/hour = $15,060 & $22,590 

  --$15,060 + $22,590 = $37,650 X 50% = $18,825.00 average

  --$18,825.00 - $20.00 indigency waiver = $18,805.00

   

  Therefore, in order for the Department to continue the processing of this particular request, based on the hourly wages of the lowest paid Department employees capable of performing the necessary tasks to process the request, under MCL 15.234, Section 4(2) of the state's FOIA, the Department requires a good faith deposit payment $9,402.50 (50% of the $ 18,805.00) which includes the $20.00 fee waiver per MCL 15.234, Section 4(1) of the FOIA. See the attached FOIA invoice illustrating payment instructions

   

   

  After receipt of the good faith deposit of $9,392.50 and upon completing the processing of your request, the Department will notify you in writing of any balance due and payable (or owed you) before copies of the requested records are forwarded to you; explain any statutory basis for any claimed exemptions; and inform you of your remedial rights.

   

  Sincerely,

   

   

  Melvin Farmer, Jr.

  Central FOIA Coordinator

   

                                                                                 DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

                                                                                         FREEDOM OF INFORMATION ACT INVOICE

   

  NAME AND ADDRESS OF REQUESTER:

  Mr. Paul Joseph Harcz, Jr.

  E-mail:  joeharcz at comcast.com

  1365 E. Mt. Morris Road

  Mt. Morris, MI  48458

   

  REQUEST RECEIVED:  March, 2012

  TYPE OF REQUEST:  Email

  REQUEST PARTIALLY DENIED:  No

  EXEMPT INFORMATION WITHHELD/REDACTED:  To be determined

  EXTENDED RESPONSE NOTICE ISSUED:  No

  REQUESTED INFORMATION WILL BE:  Emailed/Invoiced For Partial Payment

  ACCOUNT CODE:  MCB 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:  E-MAIL CORRESPONDENCE FROM 

  ALL  DEPARTMENT EMPLOYEES TO THE U.S. DEPARTMENT OF EDUCATION REHABILITATION SERVICES RELATED TO EXECUTIVE ORDER 2012-2

   

  INVOICE CALCULATIONS/INSTRUCTIONS

   

  LABOR COST ESTIMATE

  --Search/Review: Hours: 600 to 900 hrs. x Hourly Rate: $25.10 =   $15,060.00 to $22,590.00

  -- Average: $15,060 = $22,590 = $37,650 X 50% =                                               $18,825.00

                 

  TOTAL LABOR ESTIMATE:                                                                                                              $18,825.00

  POSTAGE (estimate):     $0

  DUPLICATING:  Number of Pages times Copying Rate of $.25       $0

  OTHER (overtime, audio tapes, discs, photos, security, etc.):        $0

  SUBTOTAL:                                                                                                           $0

  Less waived indigency offset:                                                                      $20.00

  INVOICE TOTAL:                                                                                                                              $18,805.00

   

  DEPOSIT*                                                                                                                                            $9,402.50

   

  REMAINING AMOUNT TO BE PAID:                                                                                          $9,402.50

   

  Make check or money order payable to:              

  STATE OF MICHIGAN                             

  Department of Licensing and Regulatory Affairs

  Office Services Mailroom

  7150 Harris Drive, PO Box 30015

  Lansing, MI  48909

   

  PLEASE RETURN/REFER TO 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.