[nfbmi-talk] Fw: Response to FOIA Request Dated 1-18-12 - Supervisor Authorized to Approve Gales True Value Hardware Payments

Thu Feb 2 15:26:35 UTC 2012

----- Original Message ----- 
From: Haynes, Carla (LARA) 
To: joe harcz Comcast (joeharcz at comcast.net) 
Cc: Cannon, Patrick (LARA) ; Farmer, Mel (LARA) ; Turney, Susan (LARA) ; Luzenski, Sue (LARA) ; Duell, Elsie (LARA) ; Boone, Christine (LARA) 
Sent: Thursday, February 02, 2012 10:21 AM
Subject: Response to FOIA Request Dated 1-18-12 - Supervisor Authorized to Approve Gales True Value Hardware Payments

February 2, 2012

Mr. Paul Joseph Harcz, Jr.

E-mail: joeharcz at comcast.net

1365 E. Mt. Morris Rd.

Mt. Morris, MI 48458

Re:  Supervisors Name Authorizing Gales True Value Hardware Payments for FY11

Dear Mr. Harcz, Jr.:

This letter is in response to your January 18, 2012, email request for copies of public records, received January 19, 2012.  Please be informed that the Department's Michigan Commission for the Blind (MCB) 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, a copy of which is attached.

Your request is granted as to existing, nonexempt records in the possession of the Department falling within the scope of your request.

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 including labor, the cost of search, examination, review, and the deletion and separation of exempt from nonexempt information. The Department has estimated that a minimum of 2 hours of employee time must be drawn away from their respective duties and assignments to search, locate, and retrieve records to determine if they are responsive to your request, and to examine and review the responsive records for possible statutory exemptions from public disclosure. For the above reasons, the Department, pursuant to MCL15.234, Section 4(3) of the FOIA, has determined that failure to charge a fee in this particular instance will result in unreasonably high costs to the Department. The estimated costs to process this request, based on the hourly wages (including fringe benefits) of the lowest paid Department employee capable of performing the necessary tasks to comply with the request is $30.20 (which reflects the waiver of $20.00).

Therefore, in order to complete the processing of your request, based on the hourly wages of the lowest paid Department employees capable of performing the necessary tasks to process the request, under MCL 15.234, Section 4(2) of the state's FOIA, the Department requires this payment in full.  Attached are Invoice Calculations illustrating estimated costs and payment instructions.

After receipt of payment and upon completing the process of your request, the Department will notify you in writing of any balance due and payable (or owed you) before copies of the requested records are forwarded to you; and will explain any statutory basis for the exemption of any records in or in part, and your remedial rights.

In the spirit of cooperation, during Fiscal Year 2011 (October 1, 2010 to September 30, 2011), the Michigan Commission for the Blind Training Center was overseen by two directors at different time periods.  Cheryl Heibeck was the Director during the period of October 1, 2010 to June 25, 2011.  Christine Boone was the Director during the period of June 26, 2011 to September 30, 2011.

Sincerely,

Carla Miller Haynes, FOIA Coordinator

Michigan Commission for the Blind

Attachments: 

1.           Email of 1/18/2012 received 1/19/2012

2.           Invoice

cc:     Patrick Cannon

          Mel Farmer

          Susan Turney

          Elsie Duell

          Christine Boone

From:        joe harcz Comcast <joeharcz at comcast.net>

Sent:          Wednesday, January 18, 2012 1:47 PM

To:    Haynes, Carla (LARA)

Subject:    Re: Response to FOIA Request of 1-6-12 - Gales True Value Hardware Payment for FY 2011

Dear Carla,

I am writing today to simply request the Supervisers name who authorized and/or ultimately approved these purchases.

I assume that Since Christine Boone was not the head of the MCB TC at the time and as Shery Hiebeck was then it was indeed Ms. Hiebeck who approved ultimately these purchases.

Sincerely,

Paul Joseph Harcz, Jr.

cc: MCB Commissioners

cc: NFB MI

----- Original Message ----- 

From: Haynes, Carla (LARA) 

To: joe harcz Comcast (joeharcz at comcast.net) 

Cc: Cannon, Patrick (LARA) ; Farmer, Mel (LARA) ; Turney, Susan (LARA) ; Duell, Elsie (LARA) ; Boone, Christine (LARA) ; Beville-Sprinkle, Rose (LARA) 

Sent: Tuesday, January 17, 2012 12:52 PM

Subject: Response to FOIA Request of 1-6-12 - Gales True Value Hardware Payment for FY 2011

January 17, 2012

Mr. Paul Joseph Harcz, Jr.

E-mail: joeharcz at comcast.net

1365 E. Mt. Morris Rd.

Mt. Morris, MI 48458

Re:  Payments to Gales True Value Hardware Inc. for FY 2011 Request 

Dear Mr. Harcz, Jr.:

This letter is in response to your January 6, 2012, email request for copies of public records, received January 9, 2012, in this office.  Please be informed that the Department's Michigan Commission for the Blind (MCB) 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, a copy of which is attached.

Your request is granted as to existing, nonexempt records in the possession of the Department falling within the scope of your request.

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 including labor, the cost of search, examination, review, and the deletion and separation of exempt from nonexempt information. The Department has estimated that a minimum of 9 hours of employee time must be drawn away from their respective duties and assignments to search, locate, and retrieve records to determine if they are responsive to your request, and to examine and review the responsive records for possible statutory exemptions from public disclosure. For the above reasons, the Department, pursuant to MCL15.234, Section 4(3) of the FOIA, has determined that failure to charge a fee in this particular instance will result in unreasonably high costs to the Department. The estimated costs to process this request, based on the hourly wages (including fringe benefits) of the lowest paid Department employee capable of performing the necessary tasks to comply with the request is $225.90.

Therefore, in order to complete the processing of your request, based on the hourly wages of the lowest paid Department employees capable of performing the necessary tasks to process the request, under MCL 15.234, Section 4(2) of the state's FOIA, the Department requires a good faith deposit of $102.95, which is one-half of the total estimated $225.90, minus a $20.00 credit per MCL 15.234, Section 4(1) of the FOIA. See the attached Invoice Calculations illustrating estimated costs and payment instructions

The above estimate is based on an estimated 130 payments MCB made to Gales True Value Hardware Inc. for fiscal year 2011.  All payments made to Gales True Value Hardware Inc. by MCB were for building supplies coded to the Michigan Commission for the Blind Training Center.  The general notation for these payments was "building supplies".  The estimated cost to produce copies of the 130 invoices paid is also detailed in the attached invoice. 

After receipt of the good faith deposit and upon completing the process of your request, the Department will notify you in writing of any balance due and payable (or owed you) before copies of the requested records are forwarded to you; and will explain any statutory basis for the exemption of any records in whole or in part, and your remedial rights.

Sincerely,

Carla Miller Haynes, FOIA Coordinator

Michigan Commission for the Blind

Attachments: 

1.         Email of 1/6/2012 received 1/9/2012

2.         FOIA Invoice

Cc:      Patrick Cannon

            Mel Farmer

            Susan Turney

            Elsie Duell

            Christine Boone

            Rose Beville-Sprinkle

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

MICHIGAN COMMISSION FOR THE BLIND

FREEDOM OF INFORMATION ACT INVOICE

NAME AND ADDRESS OF REQUESTER:

Mr. Paul Joseph Harcz, Jr.

E-mail:  joeharcz at comcast.com

1365 E. Mt. Morris Road

Mt. Morris, MI  48458

REQUEST RECEIVED:  January 18, 2012

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 Partial 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 am writing today to simply request the Supervisers name who authorized and/or ultimately approved these purchases."

INVOICE CALCULATIONS

LABOR 

          Locating and Duplicating Cost:  

                   Number of Hours: 1 hrs. x Hourly Rate: $25.10 = Amount:       $25.10

          Examining and Extracting Cost:  

                   Number of Hours: 1 hrs. x Hourly Rate: $25.10 = Amount:       $25.10

TOTAL LABOR:         $50.20

POSTAGE (estimate):          $0

DUPLICATING:  Number of Pages times Copying Rate of $.25       $0

OTHER (overtime, audio tapes, discs, photos, security, etc.):  $0

SUBTOTAL:      $

Less waived indigency fee under FOIA Act MCL 15.234 Section 4(1)       ($20.00)

INVOICE TOTAL:       $30.20

DEPOSIT* $0

BALANCE TO BE PAID:     $30.20

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.

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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