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

Fri Jun 13 17:48:59 UTC 2014

----- Original Message ----- 
From: joe harcz Comcast 
To: Haynes, Carla (LARA) 
Cc: Rodgers, Edward (LARA) ; Luzenski, Sue (LARA) ; Pemble, Mike (LARA) ; Belknap, Katie (LARA) ; Essenberg, Rob (LARA) 
Sent: Friday, June 13, 2014 1:46 PM
Subject: Re: FOIA Response to Request for Information on "Who Is The Licensed Operator?"

You want to charge me money for information I've supplied you in part including the following?

This is an abuse of FOIA, and the Rehabilitation Act, pure and simple.

It also goes to your agencies continued violations of the findings in the Michigan Auditor General's BEP report, several violations of state contracting laws, several pernicious violations of again the Rehabilitation Act, and goes to major misappropriations of federal VR funds, not to mention documented violations of Public Act 260 and promulgated rules.

Sincerely,

Paul Joseph Harcz, Jr.

Attachment:
May 27 2014 Elliot and other Anderson Building Accounting

Paul Joseph Harcz, Jr.

1365 E. Mt. Morris Rd.

Mt. Morris, MI  48458

810-516-5262

joeharcz at comcast.net

To:

Edward Rodgers, BSBP Director, DSU

Michael Zimmer, LARA, DSA

Mike Pemble, Deputy Director, BSBP

All,

Please note after my signature line Capital Equipment purchases (partial) that I assume are in the so-called ""Cora's Café" in the Michigan House Office Building which is supposed to be a BEP location for a licensed operator under PA 260.

Regardless as per the 2012 audit of the Michigan Auditor General BSBP was to have in place a system for readily identifying all purchases and continued inventory accounting of such equipment. Thus I am asking for a complete breakdown of the inventory in the Anderson Building. In addition I am asking for a complete accounting of all the equipment that was in said Anderson Building in February of 2012, where it went and simply what happened to it?

This shouldn't be so difficult for you astute fiduciaries to handle. After all these are taxpayer funds involved here.

Thank you in advance for your prompt response and accurate accounting of the public's funds.

Sincerely,

Paul Joseph Harcz, Jr.

Cc: NFB

Cc: several media

Cc: several legislators

Cc: RSA

Cc: MCRS

Cc: BSBP Commissioners

Cc: MPAS

Attachment:

Source:

http://media.state.mi.us/MiTransparency/Vendor/Warrants?y=2014&v=ELLIOTT%20FOOD%20EQUIPMENT%20LLC&a=641&g=Capital%20Acquisitions%20and%20Rentals&Column=WarrantDate&Direction=Descending

Mi Transparency - Payments to a Vendor by Agency and Category

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Payments to a Vendor by Agency and Category

Payments to ELLIOTT FOOD EQUIPMENT LLC by LICENSING AND REGULATORY AFFAIRS for fiscal year 2014

Table with 4 columns and 5 rows

Agency Name

Category Description

Warrant Date

Payments Total

LICENSING AND REGULATORY AFFAIRS

Capital Acquisitions and Rentals

5/19/2014

$117,583.50

LICENSING AND REGULATORY AFFAIRS

Capital Acquisitions and Rentals

5/6/2014

$8,000.00

LICENSING AND REGULATORY AFFAIRS

Capital Acquisitions and Rentals

5/2/2014

$10,650.00

LICENSING AND REGULATORY AFFAIRS

Capital Acquisitions and Rentals

4/1/2014

$8,000.00

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  ----- 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