[nfbmi-talk] Fw: FOIA Response to Request for Information on "Who Is The Licensed Operator?"

Fri Jun 13 16:46:17 UTC 2014

This is the typical abusive response I get from this federally funded Vocational Rehabilitation agency when I ask for accountability of how they expend Vocational Rehabilitation funds. In this case they relate to the total scandel of how they are expending VR funds for non-VR purposes in the Michigan House legislative office building.

Sincerely,

Paul Joseph Harcz, Jr.
----- Original Message ----- 
From: Haynes, Carla (LARA) 
To: joe harcz Comcast 
Cc: Rodgers, Edward (LARA) ; Luzenski, Sue (LARA) ; Pemble, Mike (LARA) ; Belknap, Katie (LARA) ; Essenberg, Rob (LARA) 
Sent: Friday, June 13, 2014 12:35 PM
Subject: FOIA Response to Request for Information on "Who Is The Licensed Operator?"

June 13, 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 "Who Is That Licensed Operator?"

Dear Mr. Harcz, Jr.:

This email is in response to your May 24, 2014, email request for information, received by this office on May 27, 2014, of which an extension was taken to June 13, 2014.  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. 

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

"1. You have given me no name of just who the temporary operator is, and I am requesting the licensing agreement.", "4. No one has remitted the actual capital expenses to me or the public for this fiasco and I ask for them once again.". "5. I wish to know the starting inventory, product and cash for this venture." and "6. I want all memorandums of understanding, contracts or other agreements with the private sector parties referenced in BSBP press releases including MSU Dairy, Grand Traverse Pie Company and the Michigan Restaurant Association."

In regards to the name of the temporary operator and bidline information, Ms. Constance Zanger responded to your question on May 22 & 30, 2014, via email with information pertinent to those issues.  In regards to the licensing agreement, please be advised that this information previously

FOIA Response - P.J. Harcz, Jr.

Page 2 of 3

June 13, 2014

requested by you in your email of May 30, 2014, regarding the Anderson Building - Petrilli, was denied in my email to you of June 9, 2014, as no such document exists to the best of my knowledge, information or belief.

In regards to your request for "actual capital expenses, starting inventory, product and cash for this venture", and "all memorandums of understanding, contracts or other agreements with the private sector parties referenced in BSBP press releases, your request is granted as to existing, nonexempt documents within our possession.

We estimate that the time to process this request is 23 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 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.

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 $360.75 in order to begin the processing of this request.  An invoice is attached that outlines the costs.

FOIA Response - P.J. Harcz, Jr.

Page 3 of 3

June 13, 2014

Once payment is received for the deposit, we will start the processing of your request.  Once the process is complete, we will request payment for the additional amount of the actual cost of the request.  When we receive this payment, we will send the information either to you via email or to you 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

Attachments - 4:  Invoice, Request for Information, 2 Emails from C. Zanger

cc:     Edward F. Rodgers II

Sue Luzenski

          Mike Pemble

Katie Belknap

          Rob Essenberg

          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:  May 27, 2014

TYPE OF REQUEST:  Email

REQUEST PARTIALLY DENIED:  No

EXEMPT INFORMATION WITHHELD/REDACTED:  To be determined

EXTENDED RESPONSE NOTICE ISSUED:  Yes to June 13, 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:

"1. You have given me no name of just who the temporary operator is, and I am requesting the licensing agreement.", "4. No one has remitted the actual capital expenses to me or the public for this fiasco and I ask for them once again.". "5. I wish to know the starting inventory, product and cash for this venture." and "6. I want all memorandums of understanding, contracts or other agreements with the private sector parties referenced in BSBP press releases including MSU Dairy, Grand Traverse Pie Company and the Michigan Restaurant Association."

INVOICE CALCULATIONS

LABOR 

          Locating and Duplicating Cost:  

Number of Hours:  20 hrs. x Hourly Rate: $31.37 = Amount:    $627.40

          Examining and Extracting Cost:  

                   Number of Hours: 3 hrs. x Hourly Rate: $31.37 = Amount:       $94.11

TOTAL LABOR:           $721.51

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:  $721.51

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

INVOICE TOTAL:        $721.51

DEPOSIT* $360.75

BALANCE TO BE PAID*:     $360.76

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: Saturday, May 24, 2014 7:53 AM 

To: Rodgers, Edward (LARA) 

Cc: Zimmer, Mike (LARA); Christyne.Cavataio at ed.gov; Marlene Malloy MCRS Dir.; BRIAN SABOURIN; 

nfbmi-talk at nfbnet.org 

Subject: Fw: "who is that licensed operator?"

----- Original Message ----- 

From: joe harcz Comcast 

To: Zanger, Connie (LARA) 

Sent: Saturday, May 24, 2014 7:50 AM

Subject: Re: "who is that licensed operator?"

Dear Ms. Zanger,

1. You have given me no name of just who the temporary operator is, and I am requesting the licensing agreement.

2. Isn't it a stark violation of BEP promulgated rules to remove the building from the bidline?

3. Isn't it a violation of PA 260 and rules to manage and staff an operation with civil servants paid for with copious VR funds including Mr. Essenberg, Ms. Newman and several non-blind student assistants   well into six figures per annum? I mean Essenberg has been making $104,000 per year alone.

4. No one has remitted the actual capital expenses to me or the public for this fiasco and I ask for them once again. Your inventories are required to be up to date and accurat and readily available by the Auditor General's findings.

5. I wish to kno the starting inventory, product and cash for this venture.

6. I Want all memorandums of understanding, contracts or other agreements with the private sector parties referenced in BSBP press releases including MSU Dairy, Grand Traverse Pie Company and the 

Michigan Restaurant Association.

It seems to me with such a large publicly funded staff to run this operation answers to these simple questions should be readily available. The public has the right to know just how public funds are expended especially in a legislative office building.

Sincerely,

Paul Joseph Harcz, Jr.

cc: several

----- Original Message ----- 

From: Zanger, Connie (LARA) 

To: joe harcz Comcast (joeharcz at comcast.net) 

Sent: Thursday, May 22, 2014 12:44 PM

Subject: "who is that licensed operator?"

Dear Mr. Harcz:

Director Rodgers has asked me to respond to your recent e-mail message 

of Friday, May 17, 2014, at 3:05 p.m.  Be advised the Anderson Office 

Building was on the B E P telephony bid line from 5 p.m. on April 1, 2014, 

through noon on April 15, 2014.  No qualified operators expressed an 

interest in or placed a bid on the facility during that 2 week period. 

As no qualified operator expressed an interest or placed a bid, a temporary operator with a blind worker is in the facility.  The facility is jointly managed by this temporary operator and the Business Assistance and Development Program (B A D P) manager, a former successful licensed blind operator.  

Sincerely,

Constance Zanger

Business Enterprise Program Manager

Bureau of Services for Blind Persons

From: Zanger, Connie (LARA) 
Sent: Friday, May 30, 2014 3:10 PM
To: joe harcz Comcast (joeharcz at comcast.net)
Subject: FW: more anderson questions petrilli

Dear Mr. Harcz:

Ms. Cathy Petrilli is the temporary operator at the Anderson Office Building, Cora's Café facility.  And your assumption is correct, a payment in the amount of $2250 was issued to Ms. Petrilli for initial inventory for this joint B E P and B A D P training facility.

With the exception of B A D P employees Mr. Rob Essenberg and Ms. Amanda Newman, the remaining employees were hired by Ms. Petrilli as the temporary operator.  Consequently, the Bureau is not in possession of the names, salaries and positions of Ms. Petrilli's employees.  Also, a blind student is currently being trained at this B A D P training facility for blind persons.  

Your request for the temporary operator agreement is a FOIA request and will be treated as such.

Constance Zanger

Business Enterprise Program Manager

Bureau of Services for Blind Persons

800/292.4200

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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