[Vendorsmi] What is there to hide by this response?

[Terry Eagle]

Below Is a another clear example of the Snyder administration going back on
his word on government transparency to the public.  Hmmmmm, I wonder what
the BS4BP BEP has to hide?  Hmmmmm, perhaps a broader plan for
WORK-TO-WELFARE for blind vendors?

 

If in fact the draft has been disclosed to Rob Essenberg and Steve Zoot,
then why not me?  Others need to hold BS4BP management's feet to the
transparency accountability fire, by requesting these draft BEP rules.
Newly appointed LARA acting-director Steve Arwood surely will appreciate
such transparency request and  monitoring action by members of the public.  

 

Response to response of FOIA denial:

 

Good morning,

 

            The FOIA request response of denial below is incomplete under
the law, as it fails to give a rationalshowing why the document should not
be disclosed.  The section you cited states in relevant part, "This
exemption does not apply unless the public body shows that in the particular
instance the public

interest in encouraging frank communication between officials and employees
of public

bodies clearly outweighs the public interest in disclosure". 

 

            Secondly, I seek disclosure of the draft document acknowledged
as existing, and not exchanged internal notes or related communications.

 

Best regards,

 

Terry Eagle

 

December 20, 2012

Mr. Terry Eagle

Email:

terrydeagle at yahoo.com

2000 Boston Blvd., Apt. C19

Lansing, MI  48910-2448

Dear Mr. Eagle:

This letter is in response to your December 14, 2012, email request for
information

under the state's Freedom of Information Act (FOIA), MCL 15.231 et seq

, received by this office on December 17, 2012.  You have requested
information that

you describe, as:

"Copy of the draft copy of the new BS4BP-DEP Business Enterprise Program
Administrative

rules - These are the draft rules that have submitted to the Department of
Attorney

General."

The Bureau acknowledges that this document exists.  However, your request is
denied

under the FOIA, MCL 15.243 Sec. 13 (1) (m).  The rules referenced are
preliminary

to a final agency determination of policy or action.

Under MCL 15.240 of the FOIA you may (1) submit a written appeal regarding
the denial

of any portion of your FOIA request to Mr. Steve Arwood, Acting Director,
Michigan

Department of Licensing and Regulatory Affairs: Attention, Mike Zimmer,
Chief Deputy

Director, Ottawa Building, 4th Floor, P.O. Box 30004, Lansing, MI 48909.
Your appeal

notice must include the word "appeal" and state the reason(s) for reversal
of the

denial(s); or (2) you may seek judicial review in circuit court within 180
days of

the Department's final determination. If you prevail in such 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, in addition
to any

actual or compensatory damages, award punitive damages in the amount of
$500.00.

Sincerely,

Carla Miller Haynes, FOIA Coordinator

Bureau of Services for the Blind

cc:       Edward F. Rodgers II

            Mike Pemble

            Constance Zanger

            James Hull

            Elsie Duell

            Christopher Lautner

Original Request:

No.  1212-1

December 14, 2012

Dear Ms. Haynes,

This is a request for information, and this  request is made under
provisions of

Title

II of the Americans with Disabilities

Act (ADA), and the Michigan Freedom of Information Act.

Requested information:

1. Copy of the draft copy of the new BS4BP-DEP Business Enterprise Program
Administrative

rules  These are the draft rules that have been submitted to the Department
of Attorney

General.

I am unemployed and on disability income for purpose of reduced costs to
provide

such information.

My email address is

terrydeagle at yahoo.com

, and mailing address is 2000 Boston Blvd.,

Apt. C19, Lansing  MI  48910-2448.

Best regards,

Terry D. Eagle.

 

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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