[nfbmi-talk] Fw: Requests for Records

Tue Nov 2 00:15:52 UTC 2010

I guess we'll just have to ask our State ADA coordinator eh? LOL...
----- Original Message ----- 
From: "Fred Wurtzel" <f.wurtzel at comcast.net>
To: "'NFB of Michigan Internet Mailing List'" <nfbmi-talk at nfbnet.org>
Sent: Monday, November 01, 2010 8:12 PM
Subject: Re: [nfbmi-talk] Fw: Requests for Records


> Amazing!  What is it going to take to get the message across?
>
> -----Original Message-----
> From: nfbmi-talk-bounces at nfbnet.org [mailto:nfbmi-talk-bounces at nfbnet.org]
> On Behalf Of joe harcz Comcast
> Sent: Monday, November 01, 2010 7:09 PM
> To: nfbmi-talk at nfbnet.org
> Cc: John L Wodatch USDOJ; Duncan Wyeth DELEG ADA TII
> Subject: [nfbmi-talk] Fw: Requests for Records
>
>
> ----- Original Message ----- 
> From: joe harcz Comcast
> To: Farmer, Mel (DELEG)
> Sent: Monday, November 01, 2010 7:08 PM
> Subject: Re: Requests for Records
>
>
> I didn't ask for pdf. I asked for accessable plain text or Word documents
> which already exist in that format. Moreover, as these relate to public
> meetings both the Rehab Act (section 504) and the ADA apply as all 
> documents
> must be made available related to such public meetings, free of charge and
> in accessable format. That is precisely why I didn't use FOI"A, for these
> federal civil rights laws trumop it sir.
>
> Moreover, a public entity under Title II of the ADA cannot charge a
> surcharge for making information accessable
>
> I sent you the regs. You might wish to consult with the DELEG ADA 
> coordintor
> on this or the United States Department of Justice, Civil Rights Division,
> Disability Rights Section.
>
> As I've sent you the regulations you have been informed.
>
> Sincerely,
>
> Paul Joseph Harcz, Jr.
>  ----- Original Message ----- 
>  From: Farmer, Mel (DELEG)
>  To: joe harcz Comcast
>  Cc: Ceena Andrades ; Wyeth, Duncan (DELEG) ; Haynes, Carla (DELEG) ;
> Jurus, Janet (DELEG) ; Zanger, Connie (DELEG)
>  Sent: Friday, October 01, 2010 11:35 AM
>  Subject: Requests for Records
>
>
>
>
>
>
>  Mr. Harcz (joeharcz at comcast.net)
>
>
>
>  This notice is in response to the attached emailed requests to Mr. 
> Patrick
> Cannon and Mr. Duncan Wyeth in the Michigan Department of Energy, Labor &
> Economic Growth (Department) for copies of certain public records to be
> converted to an accessible digital format and emailed to you at
> joeharcz at comcast.net. You specifically request copies of the following
> records:
>
>  --Board correspondences referenced in the "Board Correspondence" segment
> of the
>
>    Michigan Commission for the Blind (MCB) December 12, 2008 minutes.
>
>  --Item referenced in the MCB June 20, 2008 MCB minutes regarding the
> current action
>
>     plan
>
>  --All of the letters related and referenced in the "Public Comment"
> segment of the MCB
>
>    June 20, 2010 minutes
>
>  --ALJ summary referenced in the MCB April 17, 2008 minutes
>
>
>
>  After a search for records, to the best of the Department's knowledge,
> information, and
>
>  belief, the Department is in possession of records responsive to your
> request. Thusly,
>
>  pursuant to state's Freedom of Information Act (FOIA), MCL 15.235, 
> Section
> 5(2)(c),
>
>  your request is granted.
>
>
>
>  The processing of your requests is extremely labor intensive and time
> consuming due
>
>  to the number of files that must be searched for; examined, reviewed to
> delete and
>
>  separate any exempt from nonexempt material; and converted to the
> accessible digital
>
>  format you request. The failure to charge for labor costs in this
> particular instance would
>
>  result in unreasonably high costs to the Department. Therefore, pursuant
> to MCL 15.234,
>
>  Section 4(3) of the FOIA, the Department has assessed the following
> estimated labor
>
>  costs to process your requests:
>
>
>
>  --Labor Costs per MCL 15. 234, Section 4(3) of the FOIA; Lowest paid
> Department employee
>
>    capable of retrieving and examining records necessary to respond to 
> your
> request is a General
>
>    Office Assistant 5 at $24.30/hr (wages/benefits) X 3 hours totals
> $72.90. Please note that the
>
>    $72.90 labor costs do not include the labor time of several MCB
> employees involved in the
>
>    search for and converting the records to an accessible digital format;
> the labor time of the
>
>    Department's Central FOIA Coordinator's; or supply and postage costs 
> for
> requested pdfs.
>
>
>
>  Please send payment of $72.90 to:
>
>      STATE OF MICHIGAN
>
>      Department of Energy, Labor & Economic Growth
>
>      Office Services Mailroom
>
>      7150 Harris Drive, P.O. Box 30015
>
>      Lansing, MI 48909
>
>
>
>  Upon payment of the $72.90, the Department will complete the processing 
> of
> your requests and
>
>  digitally forward and mail pdfs of nonexempt public records responsive to
> your requests; notify
>
>  you of any balance due from or owed you; the statutory basis for any
> exemptions claimed; and
>
>  any applicable remedial rights.
>
>
>
>
>
>
>
>
> _______________________________________________
> nfbmi-talk mailing list
> nfbmi-talk at nfbnet.org
> http://www.nfbnet.org/mailman/listinfo/nfbmi-talk_nfbnet.org
> To unsubscribe, change your list options or get your account info for
> nfbmi-talk:
> http://www.nfbnet.org/mailman/options/nfbmi-talk_nfbnet.org/f.wurtzel%40comc
> ast.net
>
>
> _______________________________________________
> nfbmi-talk mailing list
> nfbmi-talk at nfbnet.org
> http://www.nfbnet.org/mailman/listinfo/nfbmi-talk_nfbnet.org
> To unsubscribe, change your list options or get your account info for 
> nfbmi-talk:
> http://www.nfbnet.org/mailman/options/nfbmi-talk_nfbnet.org/joeharcz%40comcast.net