[nfbmi-talk] Fw: FOIA Response on Request for Information on All Star Vending

Fri May 23 12:34:17 UTC 2014

----- Original Message ----- 
From: Haynes, Carla (LARA) 
To: joe harcz Comcast 
Cc: Rodgers, Edward (LARA) ; Luzenski, Sue (LARA) ; Pemble, Mike (LARA) ; Belknap, Katie (LARA) ; Zanger, Connie (LARA) ; Hull, James (LARA) ; Essenberg, Rob (LARA) 
Sent: Wednesday, May 21, 2014 3:27 PM
Subject: FOIA Response on Request for Information on All Star Vending

May 21, 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 All Star Vending

Dear Mr. Harcz, Jr.:

This email is in response to your May 6, 2014, email request for information, received by this office on May 7, 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:

"Since you have on several occasions and on the public record stated that you authorize every BSBP expenditure over $2,000 I am writing for you to explain the following:

From:  http://media.state.mi.us/MiTransparency/Vendor/Categories?y=2014&v=ALL%20STAR%20VENDING%20INC&a=641&Column=AgencyName&Direction=Ascending

Vendor payments to ALL STAR VENDING INC made by LICENSING AND REGULATORY AFFAIRS for fiscal year 2014, Click on a category description to view vendor payments made to this vendor for this category.

FOIA Response - P.J. Harcz, Jr.

Page 2 of 3

May 21, 2014

Table with 3 columns and 2 rows

Agency Name

Category Description

Vendor Payment Totals

LICENSING AND REGULATORY AFFAIRS

Contractual Services Supplies and Materials

$5,127.00

Moreover I am requesting the Monthly reports from this entity that you require of BEP operators. And, in addition I am requesting the contract you 

signed with this vendor."

Your request is granted as to existing, nonexempt documents pertaining to your request. 

We estimate that the time to process this request is 4 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 FOIA 

accessible format without charge, neither the ADA or Section 504 of the RA

Response - P.J. Harcz, Jr.

Page 3 of 3

May 21, 2014

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 $62.74 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 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 2:  Invoice & Request for Information

cc:     Edward F. Rodgers II

          Sue Luzenski

          Mike Pemble

Katie Belknap

          Constance Zanger

          Rob Essenberg

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 7, 2014

TYPE OF REQUEST:  Email

REQUEST PARTIALLY DENIED:  No

EXEMPT INFORMATION WITHHELD/REDACTED:  To be determined

EXTENDED RESPONSE NOTICE ISSUED:  

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:

"Since you have on several occasions and on the public record stated that you autorize every BSBP expenditure over $2,000 I am writing for you to explain the following:

From:

http://media.state.mi.us/MiTransparency/Vendor/Categories?y=2014&v=ALL%20STAR%20VENDING%20INC&a=641&Column=AgencyName&Direction=Ascending

Vendor payments to ALL STAR VENDING INC made by LICENSING AND REGULATORY AFFAIRS for fiscal year 2014."

INVOICE CALCULATIONS

LABOR 

          Locating and Duplicating Cost:  

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

          Examining and Extracting Cost:  

                    Number of Hours: 1 hrs. x Hourly Rate: $31.37 = Amount:                     $31.37

TOTAL LABOR:  $125.48

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:  $125.48

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

INVOICE TOTAL:          $125.48

DEPOSIT*  $62.74

BALANCE TO BE PAID*:        $62.74

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.

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

From: joe harcz Comcast [mailto:joeharcz at comcast.net] 

Sent: Tuesday, May 06, 2014 4:41 PM

To: Rodgers, Edward (LARA)

Cc: Christyne.Cavataio at ed.gov; Marlene Malloy MCRS Dir.; BRIAN 

SABOURIN; James Chaney EOC; nfbmi-talk at nfbnet.org

Subject: all star vending

May 6 2014 All Star Vending

Paul Joseph Harcz, Jr.

joeharcz at comcast.net

To: Edward Rodgers, BSBP

Dear Mr. Rodgers,

Since you have on several occasions and on the public record stated that 

you autorize every BSBP expenditure over $2,000 I am writing for you to 

explain the following:

From:

http://media.state.mi.us/MiTransparency/Vendor/Categories?y=2014&v=AL

L%20STAR%20VENDING%20INC&a=641&Column=AgencyName&Directi

on=Ascending

Vendor payments to ALL STAR VENDING INC made by LICENSING AND 

REGULATORY AFFAIRS for fiscal year 2014

Click on a category description to view vendor payments made to this 

vendor for this category.

Table with 3 columns and 2 rows

Agency Name

Category Description

Vendor Payment Totals

LICENSING AND REGULATORY AFFAIRS

Contractual Services Supplies and Materials

$5,127.00

Moreover I am requesting the Monthly reports from this entity that you require of BEP operators. And, in addition I am requesting the contract you signed with this vendor.

It is time to account for your expenditures of public funds sir.

Moreover I am requesting this information is sent to me as a simple Word or plain text document for you know I am blind and you now know your obligations under the ADA and Section 504 of the very Rehabilitation Act of 1973 that creates and funds the Michigan Bureau of Services to Blind Persons to begin with.

Sincerely,

Paul Joseph Harcz, Jr.

Cc: NFB MI

Cc: RSA

Cc: BSBP

Cc: MCRS

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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