[Vendorsmi] Response to Request for Information of 9-15-11 - FOIA

Wed Sep 21 21:26:41 UTC 2011

Thank you for your response and for the supplied documents.

I was mistaken about the subcommittee in question and these minutes are what I was seeking, however, there was an additional meeting of the Promotions and Seniority subcommittee which took place on the evening of June 23rd, and I'd like these as well.

I must say that it is my position that, strictly speaking, I did not submit a FOIA request; and I can only speculate that BEP administrative staff made this change for reasons unknown to me.  The minutes of public meetings pertaining to the BEP have until recently  been available at the  request of any licensed or potential operator, with no need to invoke the Freedom of Information Act.  As it happens, I have a vital concern about actions taken and not taken by the BEP that specifically affect me, to which these minutes apply directly.

Joe Sontag
  ----- Original Message ----- 
  From: Haynes, Carla (LARA) 
  To: Joe Sontag 
  Cc: Cannon, Patrick (LARA) ; Turney, Susan (LARA) ; Farmer, Mel (LARA) ; Zanger, Connie (LARA) ; Hull, James (LARA) ; Luzenski, Sue (LARA) 
  Sent: Wednesday, September 21, 2011 15:32
  Subject: Response to Request for Information of 9-15-11 - FOIA

  September 21, 2011

  Mr. Joe Sontag

  suncat0 at gmail.com

  Dear Mr. Sontag:

  This response in to your request for information emailed on September 14, 2011, and received by the Michigan Commission for the Blind (MCB) office on September 15, 2011.  Please be informed that the Department is processing your request under the state's Freedom of Information Act (FOIA), MCL 15.231 et seq.

  In your email, you requested information described as follows:

  "Are there minutes in any form for the Locations and Repair sub, held June 7, 13 or 14, and 16 of this year and for the EOC meeting of June 18 that you can e-mail me?"

  Please be informed that, pursuant to MCL 15.235, Section 5(2)(c) of the FOIA, your request is partially denied and partially granted.

  As regards the denied portions of your request, pursuant to MCL 15.235, Section 5(4)(b) of the FOIA, this notice serves as certification that, after a search, the public records requested do not exist in the Department under the name/description you provided. Therefore, this portion of the request is denied.

  As regards the granted portions of your request, after a search for records, to the best of the Department's knowledge, information, and belief as regards the dates you listed, the secretary for the Elected Operators Committee (EOC) indicates that the minutes are for the Promotions and Seniority Subcommittee, not Locations and Repairs Subcommittee.  There were no meetings of the Locations and Repairs Subcommittee in June. However, there were meetings of the Promotions and Seniority Subcommittee in June on the 7th and 14th (and not on the 16th).  Also, there was an EOC meeting on June 25th and not on the 18th. The minutes for these three meetings (June 7th, 14th and 25th) are attached.

  Pursuant to MCL 15.240 of the FOIA, you may (1) submit a written appeal regarding the denial of any portion of your FOIA request to Steven H. Hilfinger, Director, Licensing and Regulatory Affairs, Attention: Mike Zimmer, Ottawa Building, Fourth Floor, P.O. Box 30004, Lansing, Michigan 48909. Your appeal notice must include the word "appeal" and state the reason(s) for reversal of the disclosure denial(s); or (2) You may commence an action in circuit court to compel disclosure within 180 days after the Department's final determination denying your request. If you prevail in court action, the court shall award reasonable attorney fees, costs, and disbursements. If the court finds the Department's actions to be arbitrary and capricious, the court shall, in addition to any actual or compensatory damages, award punitive damages in the amount of $500.00.

  Sincerely,

  Carla Miller Haynes, FOIA Coordinator

  Michigan Commission for the Blind

  Attachments - Minutes of EOC Meetings dated June 7, 14 and 25, 2011

  cc:     Patrick Cannon

            Mel Farmer

            Constance Zanger

            James Hull 

  Carla Miller Haynes

  DLARA Michigan Commission for the Blind

  201 N. Washington Sq., 2nd Floor

  P.O. Box 30652

  Lansing, MI  48909

  Phone:  517/373-2063

  FAX: 517/335-5140

  www.michigan.gov/mcb

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