[nfbmi-talk] Fw: FOIA Request for Edward Rodgers personnel File

[Terry D. Eagle]

Certainly there is no incentive to change behavior.  We have the
documentation, most from the annals of the state itself, that demonstrates
and offers of proof of conflict-of-interest, lying under oath; that is, on
the rare occasion when memories don't fail, stealing funds from services to
the blind, and intimate relationships that violate moral and ethical civil
service best practices, and they still remain employed.  It is a case of the
fox watching over the hen house.

 

-----Original Message-----
From: nfbmi-talk [mailto:nfbmi-talk-bounces at nfbnet.org] On Behalf Of
Christine Boone
Sent: Thursday, November 14, 2013 5:47 PM
To: NFB of Michigan Internet Mailing List
Subject: Re: [nfbmi-talk] Fw: FOIA Request for Edward Rodgers personnel File

What a deal! As long as there is no punnishment in Michigan for breaking the
law so why should they change their behavior? 


Boone Christine Sent from my iPhone

> On Nov 14, 2013, at 5:31 PM, "joe harcz Comcast" <joeharcz at comcast.net>
wrote:
> 
>    Hmm...Cheaper than I thought. A real bargain.
> ----- Original Message ----- 
> From: Farmer, Mel (LARA) 
> To: joe harcz Comcast (joeharcz at comcast.net) 
> Sent: Thursday, November 14, 2013 4:30 PM
> Subject: FOIA Request for Edward Rodgers personnel File
> 
> 
> November 14, 2013
> 
> 
> 
> Mr. Paul Joseph, Jr.
> 
> 1365 E. Mt Morris Rd.
> 
> Mt. Morris, MI 48458
> 
> joeharcz at comcat.com
> 
> 
> 
> RE: Freedom of Information Act Request/Edward Rodgers Personnel File
> 
> 
> 
> Dear Mr. Harcz:
> 
> 
> 
> This notice is in response to your November 8, 2013 emailed Freedom of
Information Act (FOIA), MCL 15.231 et seq., request for copies of existing,
nonexempt public records, in accessible format, within the Michigan
Department of Licensing and Regulatory Affairs (LARA) you describe as: ".the
complete personnel file of Mr. Edward F. Rodgers II."  
> 
> 
> 
> Per MCL 15.235, Section 5(2)(c) of the state's FOIA, your request is
partially granted and partially denied, subject to the payment of allowable
fee charges to comply with your request pursuant to MCL 15.234, Section 4(3)
of the state's FOIA.
> 
> 
> 
> As you may be aware, nothing in the state's FOIA or the federal Americans
with Disabilities Act (ADA) requires a public body to process a FOIA request
free of charge. The state's FOIA (MCL 15.234), allows a public body to
charge a fee for processing particular FOIA requests. And whereas, the
federal ADA and Section 504 mandate that, upon request, certain
material/records be provided a requester in an accessible format free of
charge, neither precludes a public body from charging fees under the state's
FOIA. Thusly, please note that no labor fee charges have been, or will be,
assessed for converting existing, nonexempt public records responsive to
your request in an accessible format to forward to you.
> 
> 
> 
> Regarding the granted portion of your request, MCL 15.234, Section 4(3) of
the state's FOIA provides that a public body may charge certain processing
costs related to complying with FOIA requests, including labor for public
record searches; records examination, review, and the deletion and
separation of any exempt from nonexempt material; any duplication or
publication; and any mailing costs. The labor costs are based on the hourly
wages (including benefits) of the lowest paid LARA employees capable of
performing the necessary tasks to comply with your FOIA request. To process
this particular request, the lowest paid capable employee, an Office of
Human Resources (OHR) Executive Secretary 10, must be drawn away from her
regular assignments and duties for an estimated minimum of 3 hours.  The
estimated 3 hours cost is $124.71 to retrieve, review, examine and redact
personal information exempted from disclosure by MCL 15.243, Section 13(1)
of the state's FOIA. Based on the abovementioned reasons and LARA's
published FOIA policies/procedures, it has been determined that failure to
charge a fee, in this particular instance, will result in unreasonably high
costs. 
> 
> 
> 
> The estimated cost to comply with this particular request is calculated as
follows:
> 
> --Salary, including benefits of OHR Executive Secretary 10 @ $41.57/hour X
3 hours =$124.71
> 
> 
> 
> To complete the processing of this FOIA request, LARA requires payment of
$124.71 be sent to:
> 
>   STATE OF MICHIGAN
> 
>  Department of Licensing & Regulatory Affairs
> 
>  Office Services Mailroom
> 
>  7150 Harris Drive, P.O. Box 30015
> 
>  Lansing, MI 48909
> 
> 
> 
> Upon receiving payment of $124.71 as instructed above, LARA will notify
you of any balance due LARA or owed to you before any responsive records are
forwarded/transmitted. If no payment balance is owed, LARA will complete the
processing of this FOIA request; inform you of any claimed disclosure
denials; and inform you of your statutory remedial rights under the state's
FOIA.
> 
> 
> 
> Sincerely,
> 
> /S/Melvin Farmer, Jr.
> 
> Central FOIA Coordinator
> 
> 
> 
> 
> 
> 
> 
> 
> 
> 
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