GOCGBMANACKER:c + Ganauo HeAcken "Baan ;Gooosas Taso wv Koma April 28, 2015 sealer Me Peat Mane Bawen Jonna. Acxen Jona Hanon ‘Cuantes Wowo Carla Robert, FOIA Coordinator none 8 HosHES Michigan Department of Treasury ne 403 W. Allegan Street ‘aso torres Bn, Lansing, MI 48922 . ww gocdmanackercom Re: Appeal of FOIA request cost estimate, Dear Ms. Robert, We are legal counsel to Progress Michigan and this is an appeal of the cost estimate of $52,108.72 to search, retrieve, review, examine and separate exempt and non-exempt records, This estimate is in essence a constructive denial of a request ostensibly granted and violates FOIA. APPEAL Facts On March 10, 2015 an official of Progress Michigan submitted this FOIA request to the Department: Pursuant to Michigan Freedom of Information Act § 15.231 et seq., I am requesting, on behalf of Progress Michigan, an opportunity to obtain copies of public records of the following: © All communications with Paul Pastorek, education adviser. ‘This request includes e-mail from both their state-issued, and private email accounts.” 17000 West Ten Mit Roap, SscoND FLOOR + SOUTHFIELD, MICHIGAN 48075 + PHOND 248.483.5000 + FAX 248.483.3131 vateGOOHMANACKER, On April 3, 2015 the request was ostensibly granted but with a cost estimate of at least $52,108.72 for staff time alone. Argument For several reasons, this cost estimate violates the FOIA. This appeal is an attempt to avoid litigation over this cost estimate. If litigation becomes necessary, Progress Michigan will seek costs and attorneys" fees under FOIA, applicable Michigan law and the court rules. Under Section 4(3) of FOIA: A fee shall not be charged for the cost of search, examination, review, and the deletion and separation of exempt from nonexempt information as provided in section 14 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 specifically identifies the nature of these unreasonably high costs. M.CLL. Section 15.234(3) (emphasis added). ‘The threshold of “unreasonably high costs” necessary to charge a fee for this request is not met here. This identical FOLA request was submitted to the Michigan Department of Education (MDE) and the Education Achievement Authority (EAA). Both MDE (400 FTE and seasonal employees) and EAA (nearly 550 FTE employees) promptly granted the request and charged nothing for doing so. Indeed, the MDE advised Progress Michigan that: Because the information you requested is available electronically and involved minimal staff time, you are not being charged for this request. Copy of MDE letter attached. oeGOCGHTANACKERe Moreover, the assertion that the Department must “search each employee’s records” is erroneous, Department servers can be searched for all emails between Pastrek and Department + employees. The claim that “each employee’s records” must be searched is nothing more than a transparent attempt to unnecessarily inflate the costs of the search and deter access to public records. MDE'’s conclusion that no cost would be charged because the information was available electronically belies the Department's obvious attempt to exaggerate costs and obstruct disclosure, The Treasury Department alone is charging for these public records, citing a reason other departments have demonstrated is untrue, all of which illustrates that the cost estimate is not only erroneous, but arbitrary and capricious and intended to block disclosure. Conclusion For all these reasons, the Department should charge nothing for these records. Very truly yours, GOODMAN ACKER, P.C. Pwh(Sw2_ Mark Brewer cc: Lonnie Scott, Progress Michigan Hugh Madden, Progress Michigan eeSTATE OF MICHIGAN DEPARTMENT OF EDUCATION RICK SNYDER LANSING MICHAEL P, FLANAGAN Goverton ‘Stave Superavrenoent March 24, 2015 Hugh Madden 215 South Washington Square Suite 100 Lansing, Michigan 48933 Dear Mr, Madden: This notice is in response to your March 10, 2015 email request for information under the Freedom of Information Act (FOIA), MCL 15.231 et seq, that was received by the Michigan Department of Education (MDE) on March 16, 2015, You have requested the following: All communications with Paul Pastorek, education advisor. This request includes e-mails from both their state-issued, and private email accounts, that would constitute an unwarranted Invasion of a person's privacy. To the best of my information, knowledge, and belief, the enclosed coples are all the responsive records In the possession of the Department falling within the Srees OF Your request. Because the information you requested is available Glectronically and involved minimal stafF time, you are not being charged for this request. You may be charged for any future requests, Since the MDE did not provide all of the information you requested, you can consider this a partial denial of your request pursuant to Section 5(4)(b) of STATE BOARD OF EDUCATION. {GUN G AUSTIN PRESIDENT » CASANDRA C. ULBRICH - VICE PRESIDENT MICHELLE FECTEAU “SECRETARY » PAMELA PUGH SMITH TREae LUPE RAMOS-HONTIGNY ~NASBE DELEGATE « KATHLEEN Spee EILEEN LAPPIN WEISER RIGHARD SER GOBWEST ALLEGAN STREET « P.0, 80x 20009 « LANSING, MICHIGAN 48000 ‘ww vichigangovinds » (et7) s76.seiFOIA Progress - Pastorek March 24, 2015 Page 2 the Freedom of Information Act. Because appeal pursuant to Section 10 of the Act ( Sincerely, Oanvdng David Head FOIA Coordinator Enclosures of this, you have the right to ‘copy enclosed),