[nfbmi-talk] Fw: Response to FOIA Request of 1-1-12 - ARRA/MCB/New Horizons

Wed Jan 25 22:23:35 UTC 2012

----- Original Message ----- 
From: joe harcz Comcast 
To: Haynes, Carla (LARA) 
Sent: Wednesday, January 25, 2012 5:23 PM
Subject: Re: Response to FOIA Request of 1-1-12 - ARRA/MCB/New Horizons

Again this is an abuse and a misreading of the "undue hardship and administrative hardship" provisions of both the ADA and Section 504.

But I ask you when the Auditor General and RSA ask for these documents will LARA require them to get them through FOIA and make them pay for each and everyone piecemeal?

Sincerely,

Joe Harcz
  ----- 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) ; Jones, Leamon (LARA) ; McNeal, Gwen (LARA) 
  Sent: Wednesday, January 25, 2012 5:11 PM
  Subject: Response to FOIA Request of 1-1-12 - ARRA/MCB/New Horizons

  January 25, 2012

  Mr. Paul Joseph Harcz, Jr.

  E-mail:  joeharcz at comcast.net

  1365 E. Mt. Morris Road

  Mt. Morris, MI 48458

  Subject:  ARRA/MCB/New Horizons

  Dear Mr. Harcz, Jr.:

  This letter is in response to your January 1, 2012, email request for copies of public records under the state's Freedom of Information Act (FOIA), MCL 15.231 et seq, received by this office on January 3, 2012, of which a ten day extension was taken to January 25, 2011 per FOIA, MCL 15.235, Section 5(2)(d).

  In your email, you requested information/records which you describe in your email which is attached.

  Pursuant to MCL 15.235, Section 5(2)(c) of the FOIA, your request is granted as to existing, nonexempt records possessed by the Michigan Commission for the Blind (MCB) falling within the scope of your request. 

  Pursuant to MCL 15.234, Section of the FOIA, the MCB has assessed estimated, allowable costs totaling $180.80 to process this request.  This amount waives the indigency fee of $20 under FOIA Act MCL 15.234 Section 4(1).

  Thusly, based on the amount of labor involved and the amount of material that must be produced, and reviewed regarding statutory privacy concerns, pursuant to MCL 15.234, Section 4(3) of the FOIA, MCB will assess costs to process this request because, in this particular instance, failure to charge for search, examination, review, and deletion and separation of exempt from nonexempt information would cause MCB to incur unreasonably high costs for these activities that are excessive and beyond the normal or usual amount for these services; and would result in an undue financial and administrative burden per ADA regulations (28 CFR 35.160.164) which states:

  "A public entity must ensure that its communications with individuals with disabilities are as effective as communications with others. This obligation does not require a public entity to take any action that it can demonstrate would result in a fundamental alteration in the nature of its services, programs, or activities, or in undue financial and administrative burdens."

  The estimated cost of $180.80 to process this request is based on the labor time to search for, copy, and examine to redact exempt information for MCB staff.  There were thirteen payments make to New Horizons Rehabilitation Services using ARRA funds.  In order to provide you with written documentation of these, the payments will have to be researched in the State of Michigan's accounting system (MAIN), then the authorization and a copy of the invoice will need to be pulled from each consumer file.  Additional time will be needed for redaction as the authorizations and the invoices contain exempt information.

  Please send payment of $90.40 as indicated on the attached invoice.

  Upon receipt of payment, MCB will continue processing this request.  Subsequently, MCB will notify you of any statutory disclosure exemptions or any applicable remedial rights, and request any balance due or owed.

  Sincerely,

  Carla Miller Haynes, FOIA Coordinator

  Michigan Commission for the Blind

  Attachments - 2: Email Request and Invoice

  Cc:    Patrick Cannon

            Mel Farmer

            Susan Turney

            Elsie Duell

            Leamon Jones

            Gwen McNeal

  From: joe harcz Comcast [mailto:joeharcz at comcast.net]  

  Sent: Sunday, January 01, 2012 7:17 AM 

  To: Cannon, Patrick (LARA) 

  Cc: Larry Posont MCB Comm.; John Scott MCB Comm.; lydia Schuck MCB Comm.; nfbmi-talk at nfbnet.org; Craig McManus RSA; Elmer Cerano MPAS; Arwood, Steve (LARA) 

  Subject: request arra information new horizons

  January 1, 2011

  Re: Request for accessible information related to ARRA/MCB/New Horizons

  Paul Joseph Harcz, Jr.

  1365 E. Mt. Morris Rd.

  Mt. Morris, MI 48458

  E-mail: joeharcz at comcast.net

  Patrick D. Cannon

  Director Michigan Commission for the Blind

  (Via e-mail)

  Dear Mr. Cannon,

  I am writing you today to request all documents related to the following expenditure of American Recovery and Reinvestment Act funds, which should include any invoices, and similar documents detailing authorizations and services rendered and signatures of just who authorized these expenditures at a minimum:

  "NEW HORIZONS REHABILITATION SERVICES

  Award Number

  H390A090031

  Sub-Award Number

  N/A

  Vendor DUNS Number

  Not reported

  Vendor HQ Zip Code + 4

  483262768

  Vendor Name

  NEW HORIZONS REHABILITATION SERVICES

  Product and Service Description

  SERVICES FOR MICHIGAN COMMISSION FOR THE BLIND CLIENTS

  Payment Amount

  $28,440"

  You should have no difficulty retrieving this information from System Seven and are required to account and make transparent to the public expenditures of these ARRA funds. Nor, should your agency have any difficulty in making these documents fully accessible in accordance with the Americans with Disabilities Act and Section 504 requirements to do so as, of course your agency is after all the Michigan Commission for the Blind.

  As a blind person I am requesting these documents as simple Word attachments and/or plain text enclosures to my e-mail address listed above.

  Sincerely,

  Paul Joseph Harcz, Jr.

  Cc: Commissioners, Michigan Commission for the Blind

  Cc: RSA

  Cc: S. Arwood, Michigan LARA

  Cc: Elmer Cerano, Michigan Protection and Advocacy Services, Inc.

  Cc: National Federation of the Blind, Michigan

  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.net

  1365 E. Mt. Morris Road

  Mt. Morris, MI 48458

  REQUEST RECEIVED:  January 1, 2012

  TYPE OF REQUEST:  Email

  REQUEST PARTIALLY DENIED:  No

  EXEMPT INFORMATION WITHHELD/REDACTED:  To be determined

  EXTENDED RESPONSE NOTICE ISSUED:  Yes

  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 you today to request all documents related to the following expenditure of American Recovery and Reinvestment Act funds, which should include any invoices, and similar documents detailing authorizations and services rendered and signatures of just who authorized these expenditures at a minimum:

  "NEW HORIZONS REHABILITATION SERVICES 

  Award Number

  H390A090031

  Sub-Award Number

  N/A

  Vendor DUNS Number

  Not reported

  Vendor HQ Zip Code + 4

  483262768

  Vendor Name

  NEW HORIZONS REHABILITATION SERVICES

  Product and Service Description

  SERVICES FOR MICHIGAN COMMISSION FOR THE BLIND CLIENTS

  Payment Amount

  $28,440"

  INVOICE CALCULATIONS

  LABOR 

       Locating and Duplicating Cost:  

            Number of Hours: 6 hrs. x Hourly Rate: $25.10 = Amount:           $150.60

       Examining and Extracting Cost:  

            Number of Hours: 2 hrs. x Hourly Rate: $25.10 = Amount:               $50.20

  TOTAL LABOR:                                                                                           $200.80

  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:                                                                                         $180.80

  DEPOSIT*                                                                                                        $90.40

  BALANCE TO BE PAID:                                                                               $90.40

  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