[nfbmi-talk] Fw: FOIA

Sat Dec 7 21:04:07 UTC 2013

Hey Joe,

First, I noticed that invoice was dated on March 6, Fred Wurtzel's
birthdate.  Perhaps Fred would have enjoyed such a birthday greeting from
his fondest former employer.

Second, Rodgers publicly said you had about 800 FOIA requests over the past
3 years.  Question:  Is not that 800 number factually wrong?  It seems to me
perhaps Rodgers intended to say 800 each of the past 3 year?  800 seems
rather low to me in 3 years.  How too, would Rodgers know of the pre
October, 2012 FOIA request number, as prior to October, 2012 Rodgers was
extremely busy not making SOAHRS and MAHS accessible.

Finally, the invoice said a level 17 would have to do the review of
documents for release.  Do you believe the likes of Rob Essenberger could
handle such a task?
He first would have to leave his sleeping bag. 

-----Original Message-----
From: nfbmi-talk [mailto:nfbmi-talk-bounces at nfbnet.org] On Behalf Of joe
harcz Comcast
Sent: Friday, December 06, 2013 7:53 PM
To: Rodgers, Edward (LARA)
Cc: Marlene Malloy; Steve Arwood LARA Dep; Joe Sibley MCBVI Pres.; Marianne
Dunn; Christyne.Cavataio at ed.gov; Elmer Cerano MPAS; valarie Barnum Yarger
MISILC; pemblem at michigan.gov; nfbmi-talk at nfbnet.org; BRIAN SABOURIN;
bsbpcommissioners at michigan.gov; zimmerm at michigan.gov; MARK MCWILLIAMS;
commissioner-hudson at outlook.com
Subject: [nfbmi-talk] Fw: FOIA

Dear Mr. Rodgers et all,

You openly wonder in response to the testimony of Fred Wertzel if the
referenced $745,000 charge to my person for one so-called FOIA request
referenced at the last public meeting was for one request or for cumulative
requests as if $745,000 even for one citizen asking for public documentation
of public events over time which should be for the most part totally
accessible to all, wasn't absurd enough on its face.

But I submit with no charge to you or anyone else the attached in its own
ludicrous words timed and dated and accessible to you, me and the citizen
behind the tree.

This went to the illegal usurping by the way f federally funded VR programs,
funds and the illegal, immoral and totally insane (for lack of better words)
Executive Order 2012-2 and all the ugly goo that went in to that mix
including the stealling of control over programs and funding for the blind
programs here in Michigan both under the Federal Rehabilitation Act and
Public Act 260.

But facts are facts and documented facts are documented facts and I save my
e-mails to document the utter absurdities of all of this massive fraud upon
the public.

In other words I don't make this stuff up and never have.

You and your superiors have taken this clear cut response and abusive
behavior by any measure and magnified it over and over again.

Of course you owe your $128,000 per year salary do to this decision and
subsequent EO by dictate of Governanor Snyder 2012-10.

But netiher you or Zimmer or anyone else have any conflicted interests in
all of this right?
Joe Harcz

----- 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"