December 28, 2007

3125 Tecumseh River Rd
Lansing, MI 48906

Phil Stoddard, Senior Deputy Director

Office of Retirement Services
PO Box 30026
Lansing, MI 48909

Dear Mr. Stoddard,

On November 2, you received an FOIA request from me asking for the following information regarding the payments made to MPSERS and SERS retirees known as the “supplemental check” and “13th check” respectively (as provided by Section 38.1404a of the Public School Employees Retirement Act of 1979, Act 300 of 1980 and Section 38.20g of the State Employees' Retirement Act, Act 240 of 1943):

  1. The total amount paid to MPSERS retirees/beneficiaries in each year from 1982 to the present.
  2. The total amount paid to SERS retirees/beneficiaries in each year from 1982 to the present.
  3. The administrative rules, policy and procedures used by ORS in administering these payments.

You responded in a letter dated November 8 asking for an extension until November 29.

The next letter I received was dated November 29, but instead of providing the requested information, you asked for a deposit of $59.32 on the estimated $118.65 for the 2 hours of labor you expected it would take to collect the information. I mailed a check for $59.32, which was charged to my account on December 6. I have received no further correspondence.

The Freedom of Information Act gives you no longer than 15 business days to either comply or deny a request. Your 15 days was up November 29. You are in violation of the Act.

You should be aware that if it becomes necessary for me to commence an action in Circuit Court to compel disclosure of the information, the Court might award - in addition to any actual or compensatory damages - punitive damages in the amount of $500.00.

If you have any questions, you may reach me by phone at 323-3897 in Lansing or by email at steve_harry@yahoo.com.

Very truly yours,

 

Steve Harry