[nfbmi-talk] Fw: FOIA

Wed Mar 7 16:46:51 UTC 2012

----- Original Message ----- 
From: joe harcz Comcast 
To: Farmer, Mel (LARA) 
Sent: Wednesday, March 07, 2012 11:31 AM
Subject: Re: FOIA

March  7, 2012

Dear Mr. Farmer,

I am writing today to note one element of your ludicrous response here.That is your allusion to records that have been and may have been "purged" related to this FOIA and related laws request.

We have state and federal issues at stake here. We have several laws at issue and now hundreds of millions of funds at stake.

Now I ask you this: "What documents have been purged"?

By the way how does this all jive with requirements for document retention under various laws and how might this all jive in lay terms with the "False Statements Act"?

There needs to be and will be a Federal investigation of this issue sir.

Sincerely,

Paul Joseph Harcz, Jr.

  ----- Original Message ----- 
  From: Farmer, Mel (LARA) 
  To: 'joe harcz Comcast' 
  Cc: Cannon, Patrick (LARA) ; Haynes, Carla (LARA) ; Burton, Diane (LARA) 
  Sent: Tuesday, March 06, 2012 11:59 AM
  Subject: FW: FOIA

  March 6, 2012

  Mr. Paul Joseph Harcz, Jr.

  E-mail: joeharcz at comcast.net

  1365 E. Mt. Morris Rd.

  Mt. Morris, MI 48458

  Re:  Executive Order 2012-2 Email Records Request

  Dear Mr. Harcz:

  This notice is in response to your February 29, 2012 email request to me for copies of existing, nonexempt public records you describe as:

  ".any e-mail correspondence between any personnel within the Michigan Department of Licensing and Regulatory Affairs during the past two months relative to any transfers in fact or in the powers and duties of the Michigan Commission for the Blind including its board that went into Executive Order No. 2012-2."

   Please be informed that the Department is processing this request under the state's Freedom of Information Act (FOIA), MCL 15.231 et seq.

  Pursuant to MCL 15.235, Section 5(2)(a) of the state's FOIA ,your request is granted as to existing, nonexempt records in the possession of the Department falling within the scope of your request; and subject to the payment of processing fees assessed per MCL 15.234 of the FOIA.

  MCL 234, Section 4(1) of the state's FOIA provides that a public body may charge a fee for public record search, including costs, for the search, examination, review, and the deletion and separation of exempt from nonexempt information. The Department has determined that no Michigan Commission for the Blind staff have any records related to this particular request. The Department has also determined that at least nine executive level employees will have to be drawn away from their respective duties and assignments for an average of one hour each to search for, locate, and retrieve email records from December 29, 2011 through February 29, 2012 to determine if they are responsive to your request; and to examine and review the responsive records for possible statutory exemptions from public disclosure. Further, as it is possible that some emails responsive to this request may have been purged during the timeframe of this request, the Department requested that the Michigan Department of Technology, Management and Budget (DTMB) provide an estimate of costs to search for and retrieve purged records that may be responsive to this request. The DTMB estimate (see attached) is $745,416.00 .  

  The Department's   estimated costs to process this request, based on the hourly wages ($62.34 /hr, including fringe benefits) of the lowest paid Department employee ( State Division Office Administrator  17)capable of performing the necessary tasks to comply with your request, including the waiver of $20.00, is   $541.06 .This  estimated processing cost is based on the following calculations:

  --9 employees X 9 hours = 9 hours 

  --9 hours X $62.34/hour = $561.06

  --$561.06 - $20.00 indigency waiver = $541.06

  The combined DTMB and Department estimated costs to process this particular request is $745,957.06, including the indigency waiver of $20.00.

  For the abovementioned reasons and pursuant to MCL 14.234, Section 4(3) of the state's FOIA, the Department has determined that failure to charge a fee in this particular instance would result in unreasonably high costs and undue financial and administrative burdens to the Department.

  In order for the Department to continue the processing of this particular request, based on the above and pursuant to MCL 15.234, Section 4(2) of the state's FOIA, the Department requires a good faith deposit payment $372, 978.53 (50% of the $ 745,957.06 estimated cost)

   which includes the $20.00 fee waiver per MCL 15.234, Section 4(1) of the FOIA. See the attached FOIA invoice illustrating payment instructions

  After receipt of the good faith deposit of $372,978.53 and upon completing the processing 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; explain any statutory basis for any claimed exemptions; and inform you of your remedial rights.

  Sincerely,

  Melvin Farmer, Jr.

  Central FOIA Coordinator

  Attachment

                                                                            DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

                                                                                   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:  February 29, 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:  MCB 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: 

  Copies of E-MAIL CORRESPONDENCE OF ALL DEPARTMENT EMPLOYEES RELATED TO EXECUTIVE 

  ORDER 2012-2  FROM DECEMBER 29, 2011 THROUGH FEBRUARY 29, 2012.

  INVOICE CALCULATIONS/INSTRUCTIONS

  LABOR COST ESTIMATE

  --Search/Review: Hours: 9 hrs. x Hourly Rate: $62.34 =                                         $561.06

  POSTAGE (estimate):                                                                                                            --

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

  OTHER (overtime, audio tapes, discs, photos, security, etc.):                   $745,416.00

  SUBTOTAL:                                                                                                                      $745,977.06

  Less waived indigency offset:                                                                                  $           20.00

  INVOICE TOTAL:                                                                                                             $745,957.06

  DEPOSIT*                                                                                                                         $372,978.53

  REMAINING AMOUNT TO BE PAID:                                                                      $372,978.53

  Make check or money order payable to:              

  STATE OF MICHIGAN                             

  Department of Licensing and Regulatory Affairs

  Office Services Mailroom

  7150 Harris Drive, PO Box 30015

  Lansing, MI  48909

  PLEASE RETURN/REFER TO 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.

  DTMB ATTACHMENT

   From: Surapaneni, Ramakrishna (DTMB) 
   Sent: Monday, March 05, 2012 4:23 PM
   To: Sparks-Boak, Dorinda (DTMB)
   Subject: RE: FOIA

  Dorinda

  Estimate without Governor's email accounts

  Approximately 56 days backups to restore 

  Number of stores to restore around 6

  Number mailboxes = 9 estimate ( 9 clients in 6 stores)

  Number of stores to restore 56 X 6 = 336

  Cost 6 stores to restore per date = 2218.50

  Total estimated cost (2218.50 X 336) = $745416.00

  Ram 

  R Surapaneni

  State of Michigan - DTMB

  From: Sparks-Boak, Dorinda (DTMB) 
  Sent: Monday, March 05, 2012 8:23 AM
  To: Surapaneni, Ramakrishna (DTMB)
  Subject: RE: FOIA

  Roughly 9 or so:

  Steven Hilfinger

  Steve Arwood

  Mike Zimmer

  Melanie Brown

  Diane Burton

  Karen Towne

  MCB Director Cannon

  MCB Commissioners??? - No names given here

  Governor's E-mail??

  From: Surapaneni, Ramakrishna (DTMB) 
  Sent: Monday, March 05, 2012 8:20 AM
  To: Sparks-Boak, Dorinda (DTMB)
  Subject: RE: FOIA

  Dorinda

  Can you provide number of email accounts and their names to estimate cost for FOIA?. We do not have access to their archives(.pst files).   Ram  

  R Surapaneni

  State of Michigan - DTMB"

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