[nfbmi-talk] FOIA Response to Request for Information on Sibley Media Services Payments

Thu Jan 1 04:25:34 UTC 2015

This is pure extortion to cover-up conflict-of-interest of a sitting member
of the BS4BP Commission Board.  The questioned expenditure is likely quid
pro quo (something for something in return), namely, pay-off for
go-along-to-get-along by MCBVI.  

My question:  Why must citizens pay for information to discover whether
another governor Snyder appointed state official is in conflict-of-interest
and scamming the taxpayers to obtain favoritism?

I wonder what the governor's state Board of Ethics would conclude?

Remember, once-upon-a-time in recent history, a sitting MCB Board
Commissioner was found by the state Board of Ethics to be in
conflict-of-interest, when that Commissioner had a relative in an advocacy
position representing blind persons in matters occasionally before the MCB
Board.  It is vitally important to note that neither the Board Commissioner,
nor the relative, had absolutely no financial interest or gain to be derived
from any action the MCB Board may have taken, and in fact, the Commmissioner
voluntarily closed his MCB consumer case to avoid even any appearance of a
conflict-of-interest, and in fact, the Board Commissioner recused himself
from all board discussion and vote on any matter the relative was involved
in before the Board, and yet, there was the finding of a
conflict-of-interest, and the Commissioner could resign or remain and his
right to vote as a Commissioner would be stripped from him by the governor.

For those on this list who will be quick to say this post should not be on
here because it just happens to incidentallyy involve a FOIA request, you
are absolutely wrong.  This involves the issues of appointments by the
governor, likely conflict-of-interest by a governor-appointed representative
of the public and blind persons in particular, appropriate use of public
funds, the right of the public to transparency and accountability in the use
of taxpayer funds, the ethics of favoritism, corruption, and extortion, and
yes, a reasonable request for readily available public document under the
law, that should not include extortion for such documentation.

Come on, is there anyone on this list that believes it really actually takes
8 hours of a highly paid civil servant to find and transmit the
documentation concerning clearly described  payment to a named vendor?  If
there is anyone actually believes such, you are well qualified to be working
as a civil servant in the BS4BP!

Have you ever smelled a dead red herring?  You clearly ought to here!

Here is the relevant information on the cover-up of conflict-of-interest of
a sitting BS4BP Commissioner.

	This email is in response to your December 18, 2014, email request
for information, received by this office on December 19, 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:

	"I'm writing you today to inquire about the payments made to Sibley
Media Services, Inc. (re: attachments for your convenience after my
signature line). Simply I would like to know just what services these were
for."

	The purpose of the FOIA is to provide the public with access to
existing, nonexempt public records of public bodies.  It is not the purpose
of the FOIA to permit persons to secure, from a public body, answers to
questions that incidentally may be reduced to writing as the term is defined
under section 2(h) of the FOIA, although if the public body possesses
records containing the information or part of the information, the public
body is obligated to provide the records.

	Your request is granted as to existing, nonexempt documents
pertaining to your request.  We estimate that the time to process this
request is 8 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

	FOIA Response - P.J. Harcz, Jr.

	Page 2 of 2

	December 29, 2014

	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 $133.92 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 & Email Request for Information

	cc:     Edward F. Rodgers II

	Sue Luzenski

	          Mike Pemble

	Katie Belknap

	Leamon Jones

	Diamalyn Gaston

	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 19, 2014

	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 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:

	"I'm writing you today to inquire about the payments made to Sibley
Media Services, Inc. (re: attachments for your convenience after my
signature line). Simply I would like to know just what services these were
for."

	INVOICE CALCULATIONS

	LABOR 

	          Locating and Duplicating Cost:  

	Number of Hours:  7 hrs. x Hourly Rate: $33.48 = Amount: $243.36

	          Examining and Extracting Cost:  

	Number of Hours: 1 hr. x Hourly Rate: $33.48 = Amount: $33.48

	TOTAL LABOR:           $267.84

	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:  $267.84

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

	INVOICE TOTAL:        $267.84

	DEPOSIT* $133.92

	BALANCE YET TO BE PAID*:      $133.92

	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 

	Sent: Thursday, December 18, 2014 11:29:26 AM (UTC-05:00) Eastern
Time (US & Canada) 

	To: Rodgers, Edward (LARA) 

	Cc: Mike Pemble BSBP Dep. Dir.; commissioner-hudson at outlook.com;
Gary Gaynor; 

	BSBPcommissioners; Christyne.Cavataio at ed.gov; Larry Posont NFBMI
Pres.; Michael Powell NFB MI; 

	Derek Moore; David Robinson NFB MI; Terri Wilcox NFB Sec; mary
wurtzel; Mark Eagle; J.J. Meddaugh 

	NFB MI 

	Subject: questions about sibley media services

	December 18 2014 Sibley Payments Questions

	Paul Joseph Harcz, Jr.

	1365 E. Mt. Morris Rd.

	Mt. Morris, MI 48458

	810-516-5262

	joeharcz at comcast.net

	To:

	Edward Rodgers, Director

	Mich. Bureau Services to Blind Persons

	Mike Pemble, Deputy Director BSBP

	(via e-mail)

	Dear Sirs,

	I'm writing you today to inquire about the payments made to Sibley
Media Services, Inc. (re: attachments for your convenience after my
signature line). Simply I would like to know just what services these were
for. Moreover, I would like to bring to your attention that this company is
one run by Joseph Sibley who is a BSBP Commissioner and that there is at
very least an appearance of conflicts of interests in this regards though we
all know that the BSBP Commission was designed from the outset to be an
ineffective body and that it hasn't even been allowed or been given
information required under its mandate under Executive Order 2012-10 let
alone obligations under the Rehabilitation Act.

	Regardless I am requesting that you public officials account for
these expenditures which I'm certain were legitimate, and all on the up and
up.

	Very Best and Happy Holidays,

	Paul Joseph Harcz, Jr.

	Cc: RSA

	Cc: BSBP Commissioners

	Cc: NFB MI

	Cc: MPAS

	Attachments from DTMB web site:

	Payments to SIBLEY MEDIA SERVICES LLC by LICENSING AND REGULATORY 

	AFFAIRS for fiscal year 2014

	Table with 4 columns and 3 rows

	Agency Name

	Category Description

	Warrant Date

	Payments Total

	LICENSING AND REGULATORY AFFAIRS

	Contractual Services Supplies and Materials

	9/24/2014

	$361.70

	LICENSING AND REGULATORY AFFAIRS

	Contractual Services Supplies and Materials

	4/10/2014

	$50.00

	Payments to SIBLEY MEDIA SERVICES LLC by LICENSING AND REGULATORY 

	AFFAIRS for fiscal year 2015

	Table with 4 columns and 2 rows

	Agency Name

	Category Description

	Warrant Date

	Payments Total

	LICENSING AND REGULATORY AFFAIRS

	Contractual Services Supplies and Materials

	10/24/2014

	$723.40

	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