Untitled
| Tracking # |
R106941-030723 |
| Submitted | March 7, 2023 |
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Communications
From: Blase Schmid
To Whom It May Concern:
Pursuant to the Michigan Freedom of Information Act, I hereby request the following records:
Pursuant to MCL 780.993(3), an indigent defense system is required to "submit an annual plan" that "specifically address how the minimum standards established by the MIDC under this act will be met and must include a cost analysis for meeting those minimum standards." In addition, "[w]ithin 180 days after receiving funds from the MIDC" an "an indigent criminal defense system shall comply with the terms of the grant in bringing its system into compliance with the minimum standards established by the MIDC for effective assistance of counsel[,]" subject to the "terms of a grant" which "may allow an indigent criminal defense system to exceed 180 days for compliance with a specific item needed to meet minimum standards if necessity is demonstrated in the indigent criminal defense system's compliance plan." MCL 780.993(11).
I am requesting the FY 22, 23, and 24 compliance plans and cost analysis, as well as any revisions or resubmissions of the the compliance plan for the Wayne County indigent defense system. In addition, I am requesting copies of the grants for FY 22, 23, and 24 for the Wayne County indigent defense system.
I am also requesting any additional correspondence or materials regarding Wayne County's noncompliance with Standard 5, compliance with which was mandated by April 2022.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.
Sincerely,
Annika Brigham
From: Department of Licensing and Regulatory Affairs
Dear Annika Brigham:
Thank you for your interest in public records of the Department of Licensing and Regulatory Affairs of Michigan. Your 3/7/2023 request has been received in this office and given the reference number R106941-030723 for tracking purposes. A written request made by facsimile, electronic mail, or other electronic transmission is not received by a public body's FOIA coordinator until one (1) business day after the electronic transmission is made. (MCL15.235(1))
Records Requested: "To Whom It May Concern:
Pursuant to the Michigan Freedom of Information Act, I hereby request the following records:
Pursuant to MCL 780.993(3), an indigent defense system is required to "submit an annual plan" that "specifically address how the minimum standards established by the MIDC under this act will be met and must include a cost analysis for meeting those minimum standards." In addition, "[w]ithin 180 days after receiving funds from the MIDC" an "an indigent criminal defense system shall comply with the terms of the grant in bringing its system into compliance with the minimum standards established by the MIDC for effective assistance of counsel[,]" subject to the "terms of a grant" which "may allow an indigent criminal defense system to exceed 180 days for compliance with a specific item needed to meet minimum standards if necessity is demonstrated in the indigent criminal defense system's compliance plan." MCL 780.993(11).
I am requesting the FY 22, 23, and 24 compliance plans and cost analysis, as well as any revisions or resubmissions of the the compliance plan for the Wayne County indigent defense system. In addition, I am requesting copies of the grants for FY 22, 23, and 24 for the Wayne County indigent defense system.
I am also requesting any additional correspondence or materials regarding Wayne County's noncompliance with Standard 5, compliance with which was mandated by April 2022.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.
Sincerely,
Annika Brigham
Upload documents directly: https://www.muckrock.com/
In accordance with the Michigan Freedom of Information Act (FOIA), MI LARA provides copies of its public records. Records which are exempt from disclosure by state or federal law will not be provided.
The FOIA does not require governmental bodies to create new records or answer questions. A request must ask for records or information already in existence. A person has the right to subscribe to future issuance of public records that are created, issued or disseminated on a regular basis.
Michigan LARA will respond within five business days to a request. If needed, the agency may issue a notice extending for up to 10 additional business days the time it has to respond to your request.
You can monitor the progress of your request at the link below and you'll receive an email when your request has been completed.
FOIA Request Center
Department of Licensing and Regulatory Affairs
From: Department of Licensing and Regulatory Affairs
March 09, 2023
Subject: FOIA Request
Dear Annika Brigham,
Your 3/8/2023 request has been received in this office and given the reference number R106941-030723 for tracking purposes. A written request made by facsimile, electronic mail, or other electronic transmission is not received by a public body's FOIA coordinator until one (1) business day after the electronic transmission is made. (MCL15.235(1))
In order to determine the existence of any records/information that might be responsive to your request we require additional time to search for and retrieve records; review and examine any found records to separate exempt from nonexempt material; and to determine any allowable processing costs. For these reasons, it is necessary to extend the time for response to 3/29/2023.
If you have questions concerning this matter, please feel free to contact the LARA FOIA Office at LARAFOIAInfo@michigan.gov.
To review a copy of the LARA’s written public summary, procedures, and guidelines, go to www.michigan.gov/lara. (www.michigan.gov/lara)
Sincerely,
LARA FOIA Office
From: Department of Licensing and Regulatory Affairs
RE: FOIA REQUEST of March 08, 2023, Reference # R106941-030723.
Dear Annika Brigham,
Your invoice is ready. Please login to the FOIA Request Center to make an online payment.
The deposit we are requesting is: $46.52
The total amount of the Invoice is: $93.06
This invoice is due on 5/1/2023 You must make a payment by this date or the request will be considered abandoned.
To view our fees process on what LARA can charge for FOIA requests click HERE
If you wish to apply for indigency, please complete the affidavit located HERE.
If paying by mail: Please mail a check or money order, payable to the State of Michigan, to P.O. Box 30004, Lansing, MI 48909 and enclose a copy of this invoice.
Sincerely,
LARA FOIA Office
From: Department of Licensing and Regulatory Affairs
--- Please respond above this line ---
March 14, 2023
RE: PUBLIC RECORDS REQUEST of March 08, 2023, Reference # R106941-030723.
Dear Requester:
This notice responds to your March 08, 2023 request for records, received by the Michigan Department of Licensing and Regulatory Affairs (LARA). LARA has processed your request under the provisions of the Michigan Freedom of Information Act (FOIA), 1976 PA 442, MCL 15.231 et seq.
You requested the following, in summary:
“To Whom It May Concern:
Pursuant to the Michigan Freedom of Information Act, I hereby request the following records:
Pursuant to MCL 780.993(3), an indigent defense system is required to "submit an annual plan" that "specifically address how the minimum standards established by the MIDC under this act will be met and must include a cost analysis for meeting those minimum standards." In addition, "[w]ithin 180 days after receiving funds from the MIDC" an "an indigent criminal defense system shall comply with the terms of the grant in bringing its system into compliance with the minimum standards established by the MIDC for effective assistance of counsel[,]" subject to the "terms of a grant" which "may allow an indigent criminal defense system to exceed 180 days for compliance with a specific item needed to meet minimum standards if necessity is demonstrated in the indigent criminal defense system's compliance plan." MCL 780.993(11).
I am requesting the FY 22, 23, and 24 compliance plans and cost analysis, as well as any revisions or resubmissions of the the compliance plan for the Wayne County indigent defense system. In addition, I am requesting copies of the grants for FY 22, 23, and 24 for the Wayne County indigent defense system.
I am also requesting any additional correspondence or materials regarding Wayne County's noncompliance with Standard 5, compliance with which was mandated by April 2022."
Your request is granted.
The estimated cost of continuing to process your request is $93.06. Please refer to the attached Detailed Itemization Form for a breakdown of the fees. Failure to charge would result in an unreasonably high cost to the Department in this particular instance because the employees must be taken away from pending work to process the request, and expend additional time to complete regularly assigned departmental work.
Section 4(8) of the FOIA, MCL 15.234(8), provides that a public body may require a good-faith deposit of one-half of the estimated FOIA processing fee. Upon the FOIA Office’s receipt of a payment for one-half of the above-stated amount, the request will be processed within an estimated 15 business days. Further, upon completing the processing of the request, the Department will send notice of the balance due, the statutory basis for exemptions, if any, and the statutory remedial rights, if applicable. After receipt of the fee balance, copies of the records will be provided to you within five business days. To avoid processing delays, please only pay the amount shown on the invoice (half of the total estimated fees).
Section 4(8) of the FOIA, MCL 15.234(8), provides that the time frame estimate is nonbinding upon the public body, but the public body shall provide the estimate in good faith and strive to be reasonably accurate and provide the records in a manner based on this state’s public policy set forth in section 1(2) of the FOIA, MCL 15.231(2), and the nature of the request in the particular instance.
The invoice that contains the detailed itemization of fees is ready and available at the FOIA Center .
If you wish to discuss possible ways to reduce the costs, please contact us at . (mailto:larafoiainfo@michigan.gov) larafoiainfo@michigan.gov
Payment can be submitted online or by mail –
• To pay online, visit the following link: FOIA Payment Center .
•To pay by check or money order (via mail), send the check or money order, made payable to the State of Michigan to P.O. Box 30004, Lansing, MI 48909. To ensure proper credit, please enclose a copy of the invoice included with this correspondence and include the FOIA request number on the check or money order.
Please note that, if payment is not received within 48 calendar days after this notice is sent, your request may be considered as abandoned under MCL 15.234(14).
If you have questions concerning this matter, please email us at . (mailto:larafoiainfo@michigan.gov) larafoiainfo@michigan.gov
To review a copy of LARA’s written public summary, procedures, and guidelines, please visit . www.michigan.gov/larafoia
Sincerely, Andrea Moua
LARA FOIA Office
From: Blase Schmid
To Whom It May Concern:
Please find enclosed a check for $93.06 to satisfy the fee associated with the attached public records request.
Thank you.
State of Michigan
FOIA Office
P.O. Box 30004
Lansing, MI 48909
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following Michigan Freedom of Information Act request, copied below, and originally submitted on March 7, 2023. You previously indicated that it would be completed on March 29, 2023. I wanted to let you know that I am still interested in the following documents, and to see if that date was still accurate. You had assigned it reference number #R106941-030723.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following Michigan Freedom of Information Act request, copied below, and originally submitted on March 7, 2023. You had previously indicated that it would be completed on March 29, 2023. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #R106941-030723.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following Michigan Freedom of Information Act request, copied below, and originally submitted on March 7, 2023. You had previously indicated that it would be completed on March 29, 2023. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #R106941-030723.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following Michigan Freedom of Information Act request, copied below, and originally submitted on March 7, 2023. You had previously indicated that it would be completed on March 29, 2023. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #R106941-030723.
Thanks for your help, and let me know if further clarification is needed.
From: Blase Schmid
Hello,
Could I get an update on this? My check was deposited more than two weeks ago and the documents have yet to be produced.
Thank you for your attention to this matter.
From: Department of Licensing and Regulatory Affairs
RE: FOIA Request of March 08, 2023, Reference # R106941-030723
Dear Annika Brigham,
We have received your payment on invoice number INV23-R106941-1.
If you are paying the estimate, we will now begin processing your request. Once we have completed processing, the Department will send notice of the balance due, the statutory basis for exemptions, if any, and the statutory remedial rights, if applicable. The actual costs may change from the estimate, depending on how much time and labor is actually spent on your request. Full payment is required before records are released.
Sincerely,
LARA FOIA Office
From: Department of Licensing and Regulatory Affairs
RE: FOIA REQUEST of March 08, 2023, Reference # R106941-030723.
Dear Annika Brigham,
Your invoice is ready. Please login to the FOIA Request Center to make an online payment.
The deposit we are requesting is: $46.52
The total amount of the Invoice is: $0.00
This invoice is due on 9/10/2023 You must make a payment by this date or the request will be considered abandoned.
To view our fees process on what LARA can charge for FOIA requests click HERE (https://u8387778.ct.sendgrid.net/ls/click?upn=6HtRfOYLt5fXvpttM-2FU1HWJMWM9XH10umeM-2FFd0HVQXxjnfsqCSiwaw1QoOiJs60DzOzNDc-2BYtzZeMWLBo4r4OKCg3hFR2z3FwGEr5nc870NcEvTRwIPIhPPBRGwYoMpxXmJ_-2BbsKRAAXh5AeXozRhSigurriW-2FVS0CE0t-2BEa1u2J0pdSfndJ6oWcjNhIgu5BmKgVTSB3PlBbt8NpKHZXVmKgY23sT94Pew-2FTHwagIAcpU7blu3HHdQrYp1MK04Cke1CP84T2hfqA-2BY2mH1vAgfc9rzwO8VU53VLJCMcBlXQQc0NLR4VlEJV6GyDIFgxPrruRk5GoEsvTcRq33W3KJu3D9-2BK-2F5Xv701neXxKSX2QPelVLSJsCYHtQz3Jk-2FCi-2Br22orBBw889Z2qCfq27cfQ7jHoQmlHNFsxg1aWJEZIYXUzgNiYng-2BQ0OGJU8ToPP02P9tQbcS51FbNUXc2vXhVLqK08R1eqV2TfJx-2FTHe52cC4h8rp1xDLCX3popRcPHe8GfZdRrdnKxp3G-2FkKIpE-2BmSjg-3D-3D)
If you wish to apply for indigency, please complete the affidavit located HERE. (https://u8387778.ct.sendgrid.net/ls/click?upn=6HtRfOYLt5fXvpttM-2FU1HWJMWM9XH10umeM-2FFd0HVQUOSGhK-2F4AeWCCjdUoj03n32Sj17zh2vqyvjIG7FqXOaA-3D-3Dm9Qb_-2BbsKRAAXh5AeXozRhSigurriW-2FVS0CE0t-2BEa1u2J0pdSfndJ6oWcjNhIgu5BmKgVTSB3PlBbt8NpKHZXVmKgY23sT94Pew-2FTHwagIAcpU7blu3HHdQrYp1MK04Cke1CP84T2hfqA-2BY2mH1vAgfc9rzwO8VU53VLJCMcBlXQQc0NLR4VlEJV6GyDIFgxPrruRk5GoEsvTcRq33W3KJu3D9-2BK-2F5Xv701neXxKSX2QPelVLSJsCYHtQz3Jk-2FCi-2Br22oOjaDoQVKXkyxQj9qWJniVYV65708A4DQU54MbGqqP4zVyFI2Qyo1KFa1EupzSao3gRJXKpmPT95-2FhIwbLnjWYju8ZteInHskLqDraSmy2YHAbkr-2Br-2FtAjIWr4zI-2Fwki5Umgr9Ccu-2BKDxYtkZ6gCtRA-3D-3D)
If paying by mail: Please mail a check or money order, payable to the State of Michigan, to P.O. Box 30004, Lansing, MI 48909 and enclose a copy of this invoice.
Sincerely,
LARA FOIA Office
To monitor the progress or update this request please log into the FOIA Request Center (https://u8387778.ct.sendgrid.net/ls/click?upn=6HtRfOYLt5fXvpttM-2FU1HRRDUyJKMck8CnS5-2FT3nJ2fROqV-2FDqw20Wu4P-2BXhrWuiy5TCMUf68fUwIapSvo6FrRY2GHV4bEa9N1qq0Gd4VTE-3Dem9P_-2BbsKRAAXh5AeXozRhSigurriW-2FVS0CE0t-2BEa1u2J0pdSfndJ6oWcjNhIgu5BmKgVTSB3PlBbt8NpKHZXVmKgY23sT94Pew-2FTHwagIAcpU7blu3HHdQrYp1MK04Cke1CP84T2hfqA-2BY2mH1vAgfc9rzwO8VU53VLJCMcBlXQQc0NLR4VlEJV6GyDIFgxPrruRk5GoEsvTcRq33W3KJu3D9-2BK-2F5Xv701neXxKSX2QPelVLSJsCYHtQz3Jk-2FCi-2Br22ozD1RGmtCUWAvXl20Tvro14Zhh625KBuBxTCs6UHPlG-2FQXrnTQaR9zN-2B6CAus6ZZKtZhZ-2BjFP83uWAaP1PabbW53gJx2GnTB93IvtlsKHxcCF4MmrpHyU1rJyk8-2FIi-2FxUEERyo-2BY80ThSKd4kgsVrYw-3D-3D)
From: Muckrock Staff
Good Morning,
Thank you for your continued partnership on this request. Please know that the requester has already paid the full amount, which included the requested deposit, totaling $93.06. This was paid on 3/23/23 and deposited by your bank on 4/10/2023. Please let us know when we can expect the responsive documents in association with this request.
Best Regards,
MuckRock Staff
From: Department of Licensing and Regulatory Affairs
Hello Annika Brigham, You have responded to an unresponsive email.
Please be advised that if you wish to submit a public records request, update an existing request, or check the status of an already submitted request, you should visit the FOIA Request Center.
Thank you
Michigan Licensing and Regulatory Affairs
This is an auto-generated email and has originated from an unmonitored email account. Please DO NOT REPLY.
From: Department of Licensing and Regulatory Affairs
--- Please respond above this line ---
May 09, 2023
RE: PUBLIC RECORDS REQUEST of 3/8/2023, Reference # R106941-030723.
Dear Requester:
The Michigan Department of Licensing and Regulatory Affairs (LARA) received your final payment.
You requested the following, in summary:
“To Whom It May Concern:
Pursuant to the Michigan Freedom of Information Act, I hereby request the following records:
Pursuant to MCL 780.993(3), an indigent defense system is required to "submit an annual plan" that "specifically address how the minimum standards established by the MIDC under this act will be met and must include a cost analysis for meeting those minimum standards." In addition, "[w]ithin 180 days after receiving funds from the MIDC" an "an indigent criminal defense system shall comply with the terms of the grant in bringing its system into compliance with the minimum standards established by the MIDC for effective assistance of counsel[,]" subject to the "terms of a grant" which "may allow an indigent criminal defense system to exceed 180 days for compliance with a specific item needed to meet minimum standards if necessity is demonstrated in the indigent criminal defense system's compliance plan." MCL 780.993(11).
I am requesting the FY 22, 23, and 24 compliance plans and cost analysis, as well as any revisions or resubmissions of the the compliance plan for the Wayne County indigent defense system. In addition, I am requesting copies of the grants for FY 22, 23, and 24 for the Wayne County indigent defense system.
I am also requesting any additional correspondence or materials regarding Wayne County's noncompliance with Standard 5, compliance with which was mandated by April 2022.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.
Sincerely,
Annika Brigham"
The request has been granted in part and denied in part. See comments below.
Comments:
As to the partial denial, LARA certifies that, to the best of the LARA’s knowledge, information, and belief, the records/information requested [final FY24 compliance plan] do not exist within LARA under the description given or another reasonably known to LARA. MCL 15.235(5)(b). Included is the draft compliance plan. This plan is not final until reviewed and approved by the Commission.
Additionally, the records/information you requested have been redacted because they contain information of a personal nature [personal telephone number] that, if disclosed, would constitute a clearly unwarranted invasion of an individual’s privacy and financial information that would identify, or provide a means of identifying, a person that may, as a result of the disclosure of the information, become a victim of a cybersecurity incident. MCL 15.243(1)(a) and (z).
The records are available in the . (https://u8387778.ct.sendgrid.net/ls/click?upn=6HtRfOYLt5fXvpttM-2FU1HRRDUyJKMck8CnS5-2FT3nJ2fROqV-2FDqw20Wu4P-2BXhrWui6GnhdL0-2Fn0BK6vWJb-2F4IG5AhyOaoOssSAc4mKSr29mc-3D5AK__-2BbsKRAAXh5AeXozRhSigurriW-2FVS0CE0t-2BEa1u2J0pdSfndJ6oWcjNhIgu5BmKgVTSB3PlBbt8NpKHZXVmKgY435q9MwITQK2dBWv2-2BPjpxbKe2jgWWxdHLTZGyQxo0RkblRYNDCpXbairaCMnScKdBFdb-2FRZajZRF1cEG093Fv7AzMqtT1-2FLnh7wRpyZmAKktT2ocVh5UZAO4iXrF7HiTxnCz4xBZM1tAWbOwMmFqYtvXMKbM22ogLXaL4fzMxegsV4Basy0KemiFNidTxM2pVSt-2Fs73-2FAXmUtb46Mi1u4qc8oO4cC-2B0j6dPxKPlgJ09U-2FSfSEVwbZf3jTdRG-2FZRlVl075XRuWIag2Kvh9c8uJ5kqOerHU7nWPo0oHeMPqz-2FKI6bO7zTzJscsG6-2FaapMQ-3D-3D) FOIA Center
Please note: these records will be available in the FOIA Center for 365 calendar days and will then be destroyed as required by the Department’s records and retention schedule. Under section 10 of the FOIA, MCL 15.240, the Department is obligated to inform you that you may do the following:
1) Appeal this decision in writing to Appeals Officer Adam Sandoval, Department of Licensing and Regulatory Affairs, P.O. Box 30004, Lansing, MI 48909. The writing must specifically state the word “appeal” and must identify the reason or reasons you believe the partial denial should be reversed. The head of the Department or her designee must respond to your appeal within 10 business days of its receipt. Under unusual circumstances, the time for response to your appeal may be extended by 10 business days.
2) Commence an action in the Court of Claims within 180 days after the date of the final determination to deny the request. If you prevail in such an action, the court is to award reasonable attorney fees, costs, and disbursements, and possible damages.
If you have questions concerning this matter, please email us at . (mailto:larafoiainfo@michigan.gov) larafoiainfo@michigan.gov
To review a copy of LARA’s written public summary, procedures, and guidelines, please visit . (https://u8387778.ct.sendgrid.net/ls/click?upn=bQH7YI59fmjg-2BFK-2B4CL7ZCVnF2IEzbUouc6c6qyDFhO2sA-2FFKtJ4-2BPlASoXccAZ2zEdD_-2BbsKRAAXh5AeXozRhSigurriW-2FVS0CE0t-2BEa1u2J0pdSfndJ6oWcjNhIgu5BmKgVTSB3PlBbt8NpKHZXVmKgY435q9MwITQK2dBWv2-2BPjpxbKe2jgWWxdHLTZGyQxo0RkblRYNDCpXbairaCMnScKdBFdb-2FRZajZRF1cEG093Fv7AzMqtT1-2FLnh7wRpyZmAKktT2ocVh5UZAO4iXrF7HiTxnCz4xBZM1tAWbOwMmFqYtvXMKbM22ogLXaL4fzMxe2hKxq5Cbg53ynpnnmXVneJYn5AMrxeIBzCT7aakwdIt7nTIUPEkYMUZQBq2WIR9naPWKxrVptLTn5AtuzH8G49gApPVDRKWZNpjKcNbvdFK50wrlMwHEYCqwQVv3S-2BAwSvW84aQXWJ-2BMkE44aHs-2Big-3D-3D) www.michigan.gov/larafoia
Sincerely, Andrea Moua
LARA FOIA Office
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3rd_CC_Wayne_County__FY22_Compliance_Rubric___1_
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Egrams_Wayne_County_FY24_Cost_Analy
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