[nfbmi-talk] Fw: Response to FOIA on Tim Hortons

Tue Sep 24 19:32:28 UTC 2013

----- Original Message ----- 
From: Haynes, Carla (LARA) 
To: joe harcz Comcast 
Cc: Rodgers, Edward (LARA) ; Luzenski, Sue (LARA) ; Pemble, Mike (LARA) ; Belknap, Katie (LARA) ; Zanger, Connie (LARA) ; Essenberg, Rob (LARA) ; Hull, James (LARA) ; Duell, Elsie (LARA) ; Edmonds, Lucy (LARA) 
Sent: Tuesday, September 24, 2013 3:14 PM
Subject: Response to FOIA on Tim Hortons

September 24, 2013

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 on Tim Hortons Documents

Dear Mr. Harcz, Jr.:

This email is in response to your September 5, 2013, email request for information under the Freedom of Information Act (FOIA), MCL 15.231 et seq, received by this office on September 6, 2013, of which an extension was taken to September 25, 2013.

You have requested information as described in your email as:

"I am writing you today to request any e-mail correspondences between yourself and the franchise known as Tim Horten's (sic) regarding the establishment of a franchise in the Michigan State Capitol and/or the "Anderson Building". At a minimum I wish for all documents related to contractural arrangements, franchise fees and the existing contract itself."

Your request is granted as to existing, nonexempt documents pertaining to your request.  We estimate that the time to process this request is 5 hours.   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.

Response - P.J. Harcz, Jr.

September 24, 2013

Page 2 of 2

Nothing within the ADA or Section 504 states that you will receive your requested information free of charge.  It is a two-step process in the determination of costs.  First, the Michigan FOIA (MCL 15.231 et seq), allows an agency to charge for costs under Section 15.234, Section 4.  Second, while the ADA and Section 504 mandate that the material be produced in an accessible format upon request and without charge, neither the ADA nor Section 504 preclude us from charging costs under the Michigan FOIA.  We do not charge for the labor cost to convert documents into an accessible format.

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 $51.53 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 start the processing of your request.  Once the process is complete, we will request payment for the additional amount of the actual cost of the request.  When we receive this payment, we will send the information either to you via email or to you in the U.S. Mail on a USB flash drive (depending on the amount of material responsive to your request).

Sincerely,

Carla Miller Haynes, FOIA Coordinator

Bureau of Services for Blind Persons

Attachments 2:  Invoice & Request for Information

cc:     Edward F. Rodgers II,           Sue Luzenski

          Mike Pemble, Katie Belknap

          Constance Zanger, Rob Essenberg, James Hull

          Elsie Duell, Lucy Edmonds

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:  September 6, 2013

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 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 any e-mail correspondences between yourself and the franchise known as Tim Horten's (sic) regarding the establishment of a franchise in the Michigan State Capitol and/or the "Anderson Building". At a minimum I wish for all documents related to contractural arrangements, franchise fees and the existing contract itself."

INVOICE CALCULATIONS

LABOR 

          Locating and Duplicating Cost:  

Number of Hours:  4 hrs. x Hourly Rate: $15.00 = Amount:      $60.00

          Examining and Extracting Cost:  

                   Number of Hours: 1 hrs. x Hourly Rate: $31.06 = Amount:                           $31.06

TOTAL LABOR:           $91.06

POSTAGE (estimate):          $3.00

DUPLICATING:  Number of Pages (0) times Copying Rate of $0

OTHER (overtime, audio tapes, discs, photos, security, etc.):  $9 .00 (for USB Drive)

SUBTOTAL:  $103.06

Less waived indigency fee under FOIA Act MCL 15.234 Section 4(1)       $0

INVOICE TOTAL:        $103.06

DEPOSIT* $51.53

BALANCE TO BE PAID*:     $51.53

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: Rodgers, Edward (LARA)

Sent: Thursday, September 05, 2013 1:16 PM

To:   Haynes, Carla (LARA)

Subject:    FW: tim horten's foia, ada, 504 etc

FYI

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

Sent: Thursday, September 05, 2013 10:31 AM 

To: Rodgers, Edward (LARA) 

Cc: Luzenski, Sue (LARA) 

Subject: tim horten's foia, ada, 504 etc

September 5 2013 to Rodgers Regarding Tim Horten'ss

Paul Joseph Harcz, Jr.

1365 E. Mt. Morris Rd.

Mt. Morris, MI 48458

joeharcz at comcast.net

810-516-5262

To:

Ed Rodgers, Director BSBP

(Via e-mail)

Dear Mr. Rodgers,

I am writing you today to request any e-mail correspondences between yourself and the franchise known as Tim Horten's (sic) regarding the establishment of a franchise in the Michigan State Capitol and/or the "Anderson Building". At a minimum I wish for all documents related to contractural arrangements, franchise fees and the existing contract itself.

In addition being blind I am again requesting without surcharge this information in accessible format pursuant to Title II of the ADA, and Section 504 of the Rehabilitation Act of 1973 as amended.

To wit: simply send those requested documents to my e-mail address listed above as either/or Word attachments or plain text enclosures without again a surcharge for said as that is a civil rights violation.

I thank you as always for your prompt and accessible response.

Sincerely,

Paul Joseph Harcz, Jr.

Cc: file

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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