[nfbmi-talk] Freedom Of Information Request

Tue Jan 14 19:58:49 UTC 2014

Dear Legislators:
This is a request...
1) Inquiring why the following such expenditure information is not readily available without cost to taxpayers, and 
2)  asking for oversight hearings on BS4BP and LARA with regard to expenditures, and 
3) request the legislator to request the same information from the BS4BP.

"From: joe harcz Comcast
Sent: Thursday, January 09, 2014 2:23 PM
Subject: FOIA Response to Request for Information onAttorney General Expenditures

----- Original Message ----- 
From: Haynes, Carla (LARA) 
To: joe harcz Comcast 
Cc: Rodgers, Edward (LARA) ; Luzenski, Sue (LARA) ; Pemble, Mike (LARA) ;
Belknap, Katie (LARA) 
Sent: Thursday, January 09, 2014 1:53 PM
Subject: FOIA Response to Request for Information on Attorney General Expenditures

January 9, 2014

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 Attorney General Fees

Dear Mr. Harcz, Jr.:

This email is in response to your December 13, 2013, email request for information, received by this office on December 14, 2013.  Please be advised 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.  An extension was taken on this request to January 9, 2014, as permitted under Section 5(2)(d) of the FOIA.

You have requested information as described in your email (also included
below) as:

"8140 ATTORNEY GENERAL FEES $184,086.59 - Anyway can you break out the line item above and for what these expenditures went to?"

Your request is granted as to existing, nonexempt documents pertaining to your request.  We estimate that the time to process this request is 5 hours.
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.

Please note that nothing within the federal American with Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973 (RA), as amended, or FOIA Response - 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 FOIA 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.

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 $96.40 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 begin the processing of your request.  Once the process is complete, we will notify you of any additional payment due (if any) for the actual cost of the request.  When we receive this payment, we will send the information either to you via email or in the U.S. Mail on a USB flash drive (depending on the amount of material responsive to your request).

Sincerely,

Carla Miller Haynes, FOIA Coordinator

Bureau of Services for Blind Persons

Attachment:  Invoice & Email Request for Information

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:  December 14, 2013

TYPE OF REQUEST:  Email

REQUEST PARTIALLY DENIED:  No

EXEMPT INFORMATION WITHHELD/REDACTED:  To be determined

EXTENDED RESPONSE NOTICE ISSUED:  Yes to January 9, 2014

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:

"8140 ATTORNEY GENERAL FEES $184,086.59 - Anyway can you break out the line item above and for what these expenditures went to?"

INVOICE CALCULATIONS

LABOR 

          Locating and Duplicating Cost:  

Number of Hours:  4 hrs. x Hourly Rate: $31.06 = Amount:      $124.24

          Examining and Extracting Cost:  

                   Number of Hours: 1 hrs. x Hourly Rate: $37.50 = Amount:
$37.50

TOTAL LABOR:           $161.74

POSTAGE (estimate):           To be determined based on the amount of information

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

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

SUBTOTAL:  $161.74

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

INVOICE TOTAL:        $161.74

DEPOSIT* $80.87

TO BE PAID*:     $80.87

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.

Changing what it means to be blind,
Marcus Simmons, President,
Wayne County chapter NFBMI
Second Vice-president, NFB Deaf/Blind Division
28179 Brentwood
Southfield, MI 48076-3069
president at map-n.org
(248) 552-8928