[nfbmi-talk] Fw: Draft FOIA Appeal Response
joe harcz Comcast
joeharcz at comcast.net
Mon Sep 9 13:45:57 UTC 2013
----- Original Message -----
From: Farmer, Mel (LARA)
To: joe harcz Comcast (joeharcz at comcast.net)
Cc: Rodgers, Edward (LARA) ; Haynes, Carla (LARA)
Sent: Monday, September 09, 2013 9:41 AM
Subject: FW: Draft FOIA Appeal Response
Mr. Harcz, in accordance with MCL 15.240, Section 10 of the Michigan Freedom of Information Act (FOIA), enclosed is the response notice from Mr. Michael Zimmer, Chief Deputy Director and FOIA Appeals Officer, Michigan Department of Licensing and Regulatory Affairs to your September 3, 2013 appeal of the Bureau of Services for Blind Persons August 29, 2013 partial disclosure denial of your August 9, 2013 FOIA request.
September 9, 2013
Mr. Paul Joseph Harcz, Jr.
1365 E. Mt. Morris Rd.
Mt. Morris, MI 48458
joeharcz at comcast.com
RE: Appeal of Freedom of Information Act Disclosure Denial and Fee Charge
Dear Mr. Harcz:
This notice is in response to the attached copy of your September 3, 2013 email appealing the Department of Licensing and Regulatory Affairs (LARA), Bureau of Services for Blind Persons' (BSPB) August 29, 2013 partial disclosure denial of your August 9, 2013 Freedom of Information Act (FOIA), MCL 15.231 et seq., request for copies of existing, nonexempt public records you describe as:
--The recent state plan submission made to RSA.
--All of the transcripts of the "commissions" meetings to date.
You identify the reasons for you appeal are:
1. The charges ($61.59) related to processing your request.
2. Denial of disclosure of the state plan submitted to the U.S. Department of Education, Rehabilitation Services Administration (RSA).
After a thorough review of the factors related to this appeal, pursuant to MCL 15.240, Section 10(2)(b) of the Michigan FOIA, I am upholding BSBP's August 29, 2013 FOIA fee processing charges and the disclosure denial of the draft state plan submitted to the RSA. This determination is based on the following:
A. FOIA Processing Charges:
Both state and federal regulations/policies on accessibility indicate that public bodies may implement provisions to cover costs to comply with requests that would result in "undue financial and administrative burdens." The Michigan FOIA, MCL 15.234, Section 4(1), provides that "A public body may charge a fee for a public search ." MCL 15.234, Section 4(3) states "A fee shall not be charged for the cost of search, examination, review, and the deletion and separation of exempt from nonexempt information.unless failure to charge a fee would result in unreasonably high costs to the public body because of the nature of the request in the particular instance, and the public body identifies the nature of these unreasonably high costs." Also, in accordance with MCL 15.234, Section 4(3) of the Michigan FOIA, the LARA established and published FOIA policies, procedures, and guidelines which implement its fee assessment to the general public; and established the threshold for "unreasonably high costs" as any labor or other processing costs exceeding $25.00. The LARA FOIA fee charging policies are similar to that of many federal agencies, including the U.S. Departments of Justice and Education. For instance, the U.S. Department of Justice's FOIA fee charge policy for non-commercial or media requests states "The third category includes all other requests who are charged only for record searches and duplication." Thusly, LARA's FOIA fee charge for processing your request for all commission transcripts to date is in accordance with federal standards.
B. State Plan Submitted to RSA:
The requested proposed draft state plan is currently under review by the RSA and will not be the state's official plan until RSA and LARA/BSBP agree on any outstanding issues related to the plan. MCL 15.243, Section 13(1)(m) of the Michigan FOIA provides that communications and notes within or between public bodies of an advisory nature to the extent that they cover other than purely factual materials and are preliminary to a final agency determination of policy or action may be exempted from disclosure. There is clearly the need for frank communications between LARA/BSBP and RSA officials to resolve any issues before the proposed state plan is finalized by the RSA. Once finalized, it will be made available to the general public.
This notice constitutes LARA's final determination regarding this FOIA appeal. In accordance with MCL 15.240 of the Michigan FOIA, you may seek judicial review in circuit court within 180 days after this notice regarding LARA's disclosure and requested relief denials. If you prevail in court action, the court may award you reasonable attorney fees, costs, and disbursements. If the court finds LARA's actions to be arbitrary and capricious, the court shall award you, in addition to any actual or compensatory damages, punitive damages in the amount of $500.00.
Sincerely,
/S/Michael Zimmer
Chief Deputy Director and
FOIA Appeals Officer
From: joe harcz Comcast <joeharcz at comcast.net>
Date: September 3, 2013, 11:46:19 PM EDT
To: "Arwood, Steve (LARA)" <ArwoodS at michigan.gov>
Cc: "Zimmer, Mike (LARA)" <zimmerm at michigan.gov>
Subject: Fw: FOIA Response
Appeal!
----- Original Message -----
From: joe harcz Comcast
To: Haynes, Carla (LARA)
Sent: Tuesday, September 03, 2013 11:28 PM
Subject: Re: FOIA Response
Dear Ms Haynes,
As to the second part of your ludicrous and outrageous response here relative to existing transcripts" of commission meetings these cost the LARA, BSBP and in fact no one a single dollar to reproduce as a simple forward to me as BSBP has already sent them in existing form to the non-relevant "commission" already. In fact you don't even have the simple standard reproduction or postage costs here for I ask for them as they were and in fact they could at little or no cost be placed on BSBP's web site., letalone, be simply "fwd" to me as I suggest.
Indeed, I as a blind man can read the transcripts that your agency has already acknowledged and sent to commissioners in this for as my "computer talks" as you well know, or should know.
Your, charges for search of these documents and the arbitrary and capricious nature of these requests is thus appealed here and denote as a blind man any corollary responses must be made in aforementioned accessible format too.
Again as per your denial of the state plan submission this is nothing short of insane double speak and in violation of aforementioned judicial and regulatory references of which I'll have several lawyers and media outlets more than "looking at".
The best thing for you and the agency would be to simply remit these documents in accessible format, and a timely manner.
Moreover how does any of this garbage over years jive with the requirements of consumer control over a federally funded VR entity, let alone one that is "consumer informed". You and LARA, and indeed BSBP work for we the people, including those of us who happen to be blind and not the other way around.
Again this is an appeal at the outrageous and arbitrary and capricious activities of your office mame.
Sincerely,
Paul Joseph Harcz, Jr.
cc: file
cc: MPAS
cc: RSA
cc: OCR, Ed.
cc: several private attorneys at law
cc: several media
cc: MI SiLC
cc: MCRS
----- Original Message -----
From: Haynes, Carla (LARA)
To: joe harcz Comcast (joeharcz at comcast.net)
Cc: Rodgers, Edward (LARA) ; Luzenski, Sue (LARA) ; Pemble, Mike (LARA) ; Belknap, Katie (LARA) ; Duell, Elsie (LARA) ; Edmonds, Lucy (LARA)
Sent: Thursday, August 29, 2013 5:17 PM
Subject: FOIA Response
August 29, 2013 (Sent via Email and US Mail, Prepaid on this date)
Mr. Paul Joseph Harcz, Jr.
E-mail: joeharcz at comcast.net
1365 E. Mt. Morris Rd.
Mt. Morris, MI 48458
Re: FOIA Response to Request for Information
Dear Mr. Harcz, Jr.:
This email is in response to your August 9, 2013, email request for copies of public records, received on August 10, 2013, in this office which the Bureau of Services for Blind Persons (BSBP) is processing under the state's Freedom of Information Act (FOIA), MCL 15.231 et seq. On August 16, 2013, an extension was taken until August 30, 2013.
You have requested information as described in your email as:
"-The recent state plan submission made to RSA
-All of the transcripts of the "commission" meetings to date"
Your request is granted in part and denied in part.
In regards to your request for "the recent state plan submission made to RSA", this request is denied under FOIA, MCL 15.243, Section 13 (m). The submissions to RSA have not been approved and are preliminary to the final RSA approval. By releasing this information prior to approval, frank communication between RSA, LARA and the Bureau of Services for Blind Persons would be discouraged between the parties.
Response - P.J. Harcz, Jr.
August 29, 2013
Page 2 of 3
In regards to your request for "all transcripts of the "commission" meetings to date", your request is granted as to the approved transcripts. The documents responsive to your request are two transcripts from meetings of January 17, 2013, and March 28, 2013. 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. In order to complete the processing of your request, and based on the hourly wages and benefits of the lowest paid Department employee capable of performing the necessary tasks to process your request, we are requesting a deposit of $30.79 in order to begin the processing of this request. An invoice is attached that outlines the costs.
Once payment is received for the deposit, we will process your request, and request payment for the total amount of the actual cost of the request. When we receive this payment, we will send the transcripts to you on a USB flash drive, via the U.S. Mail.
Under MCL 15.240 of the FOIA you may (1) submit a written appeal regarding the denial of any portion of your FOIA request to Mr. Steve Arwood, Director, Michigan Department of Licensing and Regulatory Affairs: Attention, Mike Zimmer, Chief Deputy Director, Ottawa Building, 4th Floor, P.O. Box 30004, Lansing, MI 48909. Your appeal notice must include the word "appeal" and state the reason(s) for reversal of the denial(s); or (2) you may seek judicial review in circuit court within 180 days of the Department's final determination. If you prevail in such action, the court shall award reasonable attorney fees, costs, and disbursements. If the court finds the Department's actions to be arbitrary and capricious, the court, in addition to any actual or compensatory damages, award punitive damages in the amount of $500.00.
Response - P.J. Harcz, Jr.
August 28, 2013
Page 3 of 3
Sincerely,
Carla Miller Haynes, FOIA Coordinator
Bureau of Services for Blind Persons
Attachments: Two
1. Invoice
2. Request for Information
cc: Edward F. Rodgers II
Sue Luzenski
Mike Pemble
Katie Belknap
Elsie Duell
Lucy Edmonds
Constance Zanger
James Hull
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
BUREAU OF SERVICES FOR BLIND PERSONS
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 Rd.
Mt. Morris, MI 48458
REQUEST RECEIVED: August 10, 2013
TYPE OF REQUEST: Email
REQUEST PARTIALLY DENIED: Yes
EXEMPT INFORMATION WITHHELD/REDACTED: To be determined
EXTENDED RESPONSE NOTICE ISSUED: Yes
REQUESTED INFORMATION WILL BE: Emailed/Invoiced For 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:
"-The recent state plan submission made to RSA
-All of the transcripts of the "commission" meetings to date"
INVOICE CALCULATIONS
LABOR
Locating and Duplicating Cost:
Number of Hours: .5 hrs. x Hourly Rate: $31.06 = Amount: $15.53
Examining and Extracting Cost:
Number of Hours: 1 hrs. x Hourly Rate: $31.06 = Amount: $31.06
TOTAL LABOR: $46.58
POSTAGE (estimate): $5.00
DUPLICATING: Number of Pages (0) times Copying Rate of $0
OTHER (overtime, audio tapes, discs, photos, security, etc.): $10.00 (USB Flash Drive)
SUBTOTAL:
Less waived indigency fee under FOIA Act MCL 15.234 Section 4(1)
INVOICE TOTAL: $61.59
DEPOSIT* $30.79
BALANCE TO BE PAID*: $30.80
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.
From: joe harcz Comcast [mailto:joeharcz at comcast.net]
Sent: Friday, August 09, 2013 1:03 PM
To: Rodgers, Edward (LARA)
Cc: Marlene Malloy MRC Dir; Craig McManus RSA; nfbmi-talk at nfbnet.org; MARK MCWILLIAMS
Subject: requestfor information ada etc
August 9 2013 Request BSBP
Paul Joseph Harcz, Jr.
1365 E. Mt. Morris Rd.
Mt. Morris, MI 48458
joeharcz at comcast.net
To: Ed Rodgers
Director Bureau of Services for Blind Persons
(Via E-mail)
Dear Mr. Rodgers,
As an advocate who is blind I am requesting the following accessible information from you:
-The recent state plan submission made to RSA
-All of the transcripts of the "commissions" meetings to date
I make these requests in accordance with known obligations under both Title I, and Section 504 of the Rehabilitation Act of 1973, as well as those requiring effective communications (without surcharge) pursuant to Title II, of the Americans with Disabilities Act of 1990 (subpart e, communications).
To wit: I request the documents are sent to me as either Word attachments, or plain text enclosures to my e-mail address listed above for I use screen reading technology.
I thank you in advance for your prompt and accessible response.
Sincerely,
Paul Joseph Harcz, Jr.
Cc: file
Cc: NFB MI
Cc: MPAS
Cc: MCRC
Cc: several
Carla Miller Haynes
LARA Bureau of Services for Blind Persons (BSBP)
201 N. Washington Square, 2nd Floor
P.O. Box 30652
Lansing, MI 48909
Telephone: 517-373-2063 or Toll-Free 1-800-292-4200
Fax: 517-335-5140
www.michigan.gov/bsbp
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