June 5, 2020

3125 Tecumseh River Rd

Lansing, MI 48906

 

David J. Price, Chairman

Lansing Board of Water & Light
1201 S. Washington Ave
P.O. Box 13007
Lansing, Michigan 48910-1650

 

Dear Mr. Price,

 

I would like to appeal the denial of a FOIA request.

 

My initial request was sent by email on January 14, 2020 to foiarequests@lbwl.com. I asked for the following information for all BWL employees who were employed during the 2019 calendar year:

 

·   Name

·   Position

·   Department

·   Hire date

·   Termination date

·   Salary/hourly rate  

·   Total earnings for 2019

·   Regular earnings

·   Overtime earnings

·   Any other available components of total earnings other than regular and overtime

 

I asked that the information be provided in a digital file.

 

I got no response. I sent two follow-up email requests, one January 27 with a copy to Communications Director Stephen Serkaian and the other February 6 directly to General Counsel Mark Matus, and still got no response. Thinking my emails were not getting through, I put my request in a letter mailed February 17. No response. On March 3, I used the contact form on the BWL website to repeat my request, asking that it be forwarded to the BWL FOIA coordinator. That finally got a response in a March 11 email from Assistant FOIA Coordinator Elissa McDaniels. It said

 

 

Your request is denied because your request asks for a report in a specific format that does not exist. Furthermore, pursuant to MCL 15.233 (4), FOIA does not require a public body to make a report of information. Pursuant to MCL 15.235(5)(b), this response constitutes a certification that the public record(s) requested do not exist.

 

 

On March 12, I emailed Elissa saying “This is a follow-up to my previous FOIA request, but you may consider it a new request” and I listed the same set of information in the original request. I added

 

 

Previously, I asked for the information in a digital file. That is the media I prefer, but if that is not possible, I would accept part of the information in a digital file and part in a paper document. Or if none is available in a digital file, I will accept all of the information in a paper file or files. And if any item of information on the list is not available at all, I will accept the remaining items. In other words, I will accept whatever is available in any form, but I prefer digital files. If provided in multiple files, please include employee name in each file.

 

 

On May 14, I emailed Elissa with a copy to Mark Matus saying “Elissa, you have not responded to this FOIA request and it has been over 2 months. Please explain.” I got no response.

 

Mr. Price, I am asking that the information be provided in whatever form is available, preferably in a digital file.

 

Sincerely,

 

 

 

Steven R. Harry

517-730-2638

stevenrharry@gmail.com