[nfbmi-talk] Fw: Foia Requests

[joe harcz Comcast]

----- Original Message ----- 
From: Farmer, Mel (DELEG) 
To: joe harcz Comcast 
Cc: Cannon, Patrick (DELEG) ; Haynes, Carla (DELEG) 
Sent: Friday, August 20, 2010 8:44 AM
Subject: FW: Foia Requests


August 20, 2010

 

Mr. Paul Joseph Harcz

1365 E. Mt. Morris Rd. 

Mt. Morris, MI  48458

 

RE: Freedom of Information Act Request-Draft MCB Minutes

 

Dear Mr. Joseph:

 

This notice is in response to your August 18, 2010 request to the Michigan Blind Commission 

(MCB) for copies of records under the Freedom of Information Act (FOIA), MCL 15.231 et seq., 

you describe as:

1. ". the draft minutes of the June 18, 2010 MCB meeting, and the July 20, 2010 "Special 

    Meeting" draft minutes."

2. ". draft minutes . routinely sent to you without further requests..."

3. ". mp3 recordings on CD media of the two meetings."

 

Please be informed that pursuant to MCL 15.235, Section 5(2)(c) of the FOIA, your request 

is partially granted and partially 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, attached are copies of the draft MCB meeting 

minutes of June 18, 2010 and July 20, 2010. As the requested recording files are too large to be 

attached to an email, they have been put on a flash drive and mailed to you under separate 

cover. Please note that the draft MCB minutes may be subject to changes prior to approval by 

the MCB.

 

As regards your request to have drafts of MCB meeting minutes routinely sent to you, please be 

informed that MCL 15.233, Section 3(1) of the FOIA provides that a person has a right to 

subscribe to future issuances of public records that are created, issued, or disseminated on a 

regular basis. The MCB does not issue or disseminate its' draft minutes to the public on a regular 

basis. As regards your reference that the Open Meetings Act (OMA) requires that the MCB draft 

meeting minutes be made available via "subscriptions", please be informed that MCL 15.269, 

Section 9(3) of the OMA provides that proposed minutes shall be available for public inspection 

not more than 8 business days after the meeting to which the minutes refer. There is no OMA 

provision that requires a public body to provide " routine subscriptions" of draft/proposed meeting 

minutes. Thusly, this portion of your request is denied.

 

Under MCL 15.240 of the FOIA, you may submit a written appeal regarding the denial of any 
portion of your FOIA request to Andrew S. Levin, Acting Director, Michigan Department of 

Energy, Labor & Economic Growth, Attention: Mario Morrow, Ottawa Building, 4th Floor, P.O. Box 

3004, Lansing, Michigan 48909. Your appeal must include the word "appeal" and state the 

reason(s) for reversal of denial(s). You may also seek judicial review in circuit court within 180 

days after the Department's notice of 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 action(s) 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,

 

Melvin Farmer, Jr.

Central FOIA Coordinator

 

Attachments

 

 
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