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Approved, SCAO

STATE OF MICHIGAN

JUDICIAL DISTRICT

Claims JUDICIAL CIRCUIT

Court address

COUNTY PROBATE

925 W. Ottawa St., Lansing, MI 48909

,

Plaintiff's name(s), address(es), and telephone.uors)

J.~."'" lfn

Michael V. LaSusa

4335 E. Timberwood Dr.

Traverse City, MI 49686

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Original - Court

1st copy -

Defendant

2nd copy - Plaintiff 3rd copy - Return

CASE NO.

17- OOO~IoOl.-

M2.

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Court telephone no.

(517) 373-0807

Defendant's name(s), address(es), and telephone no(s).

v Michigan State Police c/o KRISTE KIBBEY ETUE, Director P.O. Box 30634 Lansing, Michigan 48909

Plaintiff's attorney, bar no., address, and telephone no.

Lawrence R. LaSusa - P41558 LaSusa Law Offices, PLC

4335 E. Timberwood Dr.

Traverse City, MI 49686

(231) 392-9616

ISUMMONS I NOTICE TO THE DEFENDANT:

1. You are being sued.

In the name of the people of the State of Michigan you are notified:

2. YOU HAVE 21 DAYS after receiving this summons to file a written answer with the court and serve a copy on the other party

ortake other lawful action with the court (28 days if you were served by mail oryou

were served outside this state). (MCR2.111 [CD

3. If you do not answer or take other action within the time allowed, judgment may be entered against you for the relief demanded in the complaint.

Issued

~s-. 020/

Court clerk

erome

immer

r.

re its expiration date. This document must be sealed by the seal of the court.

ICOMPLAINT I Instruction: The following is information that is required to be in the caption of every complaint and is to be completed by the plaintiff. Actual allegations and the claim for relief must be stated on additional complaint pages and attached to this form.

*This summons is invalid unless served on or be

Family Division Cases

o There is no other pending or resolved action within the jurisdiction of the family division of circuit court involving the family orfamily members of the parties. o An action within the jurisdiction of the family division of the circuit court involving the family or family members of the parties has

been previously filed in

The action

IDocket no.

0 remains

0 is no longer

Court. pending. The docket number and the judge assigned to the action are:

IJudge

Bar no.

General Civil Cases

IZl There is no other pending or resolved civil action arising out of the same transaction or occurrence as alleged in the complaint. o A civil action between these parties or other parties arising out of the transaction or occurrence alleged in the complaint has

been previously filed in

Court.

The action 0 remains 0 is no longer pending. The docket number and the judge assigned to the action are:

IDocket no.

IVENUE I

IJudge

Plaintiff(s) residence (include city, township, or village)

4335 E. Timberwood Dr., Traverse City, Ml-4961i6

Place where action arose or business conducted

7150 Harris Drive, Dimondale, Michigan 48821 -

-,

Bar no.

Defendant(s) residence (include city, township, or village)

7150 Harris Drive, Dimondale, Michigan 48821

Date

If you require special accommodations to use the court because of a disability or if you require a foreign language interpreter to help you fully participate in court proceedings, please contact the court immediately to make arrangements.

MC 0 1

(3 /08 )

S U M M ON S A N D CO M PL A INt

MeR 2. 1 02(B ) (11) , M CR 2.10 4 , M C R 2.1 05 , MCR 2.1 0 7 , MC R 2. 11 3(C)(2)(a) ,

( b ) , M CR 3 . 20 6 (A )

PROOF OF SERVICE

&:>rrelfo

SUMMONS AND COMPLAINT

Case No. /7 - ()O()ilhJ-ML

TO PROCESS SERVER: You are to serve the summons and complaint not later than 91 days from the date offiling or the date of expiration on the order for second summons. You must make and file your return with the court clerk. If you are unable to complete service you must return this original and all copies to the court clerk.

I CERTIFICATE I AFFIDAVIT OF SERVICE I NONSERVICE

I

o OFFICER CERTIFICATE I certify that I am a sheriff, deputy sheriff, bailiff, appointed court officer, or attorney for a party (MCR 2.1 04[A][2]), and

that:

(notarization not required)

OR

o AFFIDAVIT OF PROCESS SERVER Being first duly sworn, I state that I am a legally competent

adult who is not a party or an officer of a corporate party, and

that:

(notarization required)

o I served personally a copy of the summons and complaint, [{] I served by registered or certified mail (copy of return receipt attached) a copy of the summons and complaint, togetherwith

List all documents served with the Summons and Complaint

_

------------------------------------

Defendant's name

Bhavesh Patel, Individually

and Res Agent

Complete address(es) of service

83 S. Brye

Rd., Ludington,

MI 49431

on the defendant(s):

Day, date, time

o I have personally attempted to serve the summons and complaint, together with any attachments, on the following defendant(s) and have been unable to complete service.

Defendant's name

Complete address(es) of service

Day, date, time

I declare that the statements above are true to the best of my information, knowledge, and belief.

Service fee

$

Miles traveled

Mileage fee

$

Subscribed and sworn to before

My commission expires:

Date

me on =-

Date

Total fee

$

Signature:

Signature

Lawrence

R. LaSusa (P4l558)

Name (type or print)

Attorney

for Plaintiff

Title

_

_

Deputy court clerk/Notary public

County, Michigan.

_

Notary public, State of Michigan, County of r==============-.

I ACKNOWLEDGMENT OF SERVICE I

I acknowledge that I have received service of the summons and complaint, together with

Signature

on

Day, date, time

onbehalfof

Attachments

_

_

MICHAEL V. LASUSA,

v

Plaintiff,

MICHIGAN STATE POLICE,

Defendant.

STATE OF MICHIGAN .

2011 SEP 2~

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COURT OF CLAIMS

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File No. 17 -

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Hon. "P->orre' \ 0

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Lawrence R. LaSusa - P41558 LaSusa Law Offices, PLC Attorneys for Plaintiff 4335 E. Timberwood Dr. Traverse City, MI 49686 (213) 392-9616

----------------------------------.1

COMPLAINT

- MZ

There is no other pending or resolved civil action arising out of the same transaction or occurrence as alleged in the complaint.

Plaintiff MICHAEL V. LASUSA, by his attorneys LASUSA LAW OFFICES, PLC, states for his

Complaint against Defendant MICHIGAN STATE POLICE, as follows:

NATURE OF THE CASE

This FOIA violation case involves a son's alleged murder, his indicted mother's jailhouse

suicide, and alleged law enforcement incompetence throughout the investigation, prosecution,

and incarceration.

It has been and will be a matter of public interest until law enforcement

officials stop stonewalling

FOIA requests and give journalists

and the public a full and fair

opportunity to review all of the pertinent information concerning this case.

On Nov. 7, 2007, Sam Avery died of a single gunshot to the back of his head.

He died in an

upstairs bedroom of his Elk Rapids, Michigan home where he lived with his mother, Anne

Avery-Miller (“Avery-Miller”), and his young sister. Avery-Miller claimed it was a suicide. State

and local law enforcement relentlessly pursued Avery-Miller as a murder suspect despite her

protestations, and those of many close to her, that she had nothing to do with her son’s death.

Avery-Miller was not charged with murder until November 3, 2009, where in a rare legal

proceeding Thirteenth Circuit Court Judge Philip Rodgers, who served as a one-man grand jury

sitting in Grand Traverse County, indicted her.

On May 5, 2010, Avery-Miller, while awaiting trial, was found hanging from a bed sheet inside

her jail cell just before 11 p.m. She died a short time later. Those close to her were surprised

and perplexed as to how it could happen because she was placed on suicide watch the prior

year when she entered the Antrim County Jail, but was not deemed suicidal after an evaluation

and returned to a general population jail cell. Corrections officials claimed she showed no signs

of suicidal behavior prior to the hanging.

JURISDICTION AND PARTIES

1. This Complaint seeks the disclosure of public records under the Michigan Freedom of

Information Act (“FOIA”), Act 442 of 1976, MCL 15.231, et seq.

2. Plaintiff resides in Grand Traverse County, Michigan.

3. Defendant is a State of Michigan agency subject to the FOIA.

4. Pursuant to MCL 15.241(5) this Court has exclusive jurisdiction over this matter.

2

GENERAL ALLEGATIONS

5. Plaintiff is an independent investigative journalist, author and researcher.

His work on

criminal justice, corruption and national security issues has received national and

international recognition.

6. Plaintiff currently serves as Senior Editor at InSight Crime, a leading source of news and

analysis on organized crime in the Americas.

His journalistic work has appeared in

Truthout, Jacobin, Alternet, LobeLog, VICE News, and The Huffington Post, among

other outlets.

7. On July 17, 2017, Plaintiff sent Defendant a request pursuant to FOIA for all information

and documents related to the Avery-Miller investigation, and pursuant to MCL 15.234

(2), a request for a complete fee waiver as “disclosure of the requested records would

clearly be in the public interest.” Exhibit A, attached hereto.

8. On August 8, 2017, Defendant responded to the request stating Defendant “estimates a

FOIA processing fee of $1,205.40 to search for, retrieve, review, examine, and separate

exempt material, if any.”, and demanding a deposit of “$602.70 to cover the required

deposit of the estimated processing fee.” Exhibit B, attached hereto.

9. MCL 15.234 (3) provides that:

A fee as described in subsection (1) 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.

10. On

August

11,

2017,

pursuant

to

MCL

15.240a

Plaintiff

appealed

Defendant’s

application of a fee and denial of the fee waiver request on the basis that “FOIA prohibits

public bodies from charging fees for the search and review process unless the public

body can “specifically identif[y] the nature” of why the search and review process for the

request would constitute an “unreasonably high” cost.” Exhibit C, attached hereto.

3

11.

On August 23, 2017, Defendant denied Plaintiff’s appeal, estimating 34.5 hours of labor

to separate and delete exempt information, and stating that “[r]equiring a single

employee to dedicate almost a full work week of labor to a single FOIA request poses an

undue burden on the public body.” Exhibit D, attached hereto.

12. As of July 29, 2017, the Michigan Civil Service Commission reports that Defendant has

2,991 active employees. Exhibit E, attached hereto.

13. 2,991 active employees working 40 hrs./week x 50 weeks/year = 5,982,000 annual

active employee hrs./year.

employee hrs./yr.

34.5 hours = 0.0000057673 of Defendant’s annual active

14. As of Fiscal Year Ended September 30, 2016, Defendant had an actual budget of

$605,414,000.

Defendant’s estimated expense of $1205.40 to respond to Plaintiff’s

FOIA request represents 0.000002 of its budget. Exhibit F, attached hereto.

COUNT I - VIOLATION OF FOIA

15. Plaintiff incorporates fully by reference paragraphs 1 - 14 above.

16. Defendant’s failures to engage in any balancing test to determine if a fee waiver was

warranted is a violation of FOIA, MCL 15.234 (2), or determine that a waiver or reduction

of the fee is in the public interest because searching for or furnishing copies of the public

record can be considered as primarily benefiting the general public.

17. Defendant’s refusal to provide the requested records claiming an “undue burden” on the

public body is in violation of FOIA, MCL 15.234 (3), as a fee shall not be charged for the

cost of search, examination, review, etc. unless failure to charge a fee would result in

“unreasonably high costs” to the public body.

18. Defendant’s actions are arbitrary and capricious.

4

WHEREFORE, Plaintiff respectfully requests that this Honorable Court provide the following

relief:

A.

Order Defendant to provide Plaintiff copies of all the information and documents in

Plaintiff’s FOIA request at no charge to Plaintiff;

B.

Order Defendant to preserve any information or documents in Plaintiff’s FOIA request

which are withheld from production due to a claim of privilege or exemption from FOIA

for a period of not less than 18 months from the date of any such order;

C.

Declare that the practice of Defendant not specifically identifying the nature of the

unreasonably high costs for search and review is in violation of the FOIA;

D.

Declare that the practice of Defendant not performing a balancing test of public interest

before assessing costs for search and review is in violation of the FOIA;

E.

Grant Plaintiff his reasonable attorney fees, costs and disbursements pursuant to MCL

15.240(6);

F.

Grant Plaintiff an award of damages, including punitive damages, pursuant to MCL

15.240(7);

G.

Grant Plaintiff such other and further relief as this Court deems proper under these

circumstances.

Dated: September 21, 2017

Respectfully submitted, LaSusa Law Offices, PLC

By:

Lawrence R. LaSusa (P41558)

5

De: Michael LaSusa mlasusa2000@yahoo.com Asunto: FOIA Request - Anne Avery Miller Fecha: 18 de julio de 2017, 12:20 a.m. Para: MSP-FOI@michigan.gov

Asunto: FOIA Request - Anne Avery Miller Fecha : 18 de julio de 2017, 12:20 a.m.

Mike LaSusa

4335 East Timberwood Drive

Journalist

Traverse City, MI 49686

July 17, 2017

Michigan State Police, Freedom of Informa=on Unit

PO Box 30634

Lansing, MI 48909

via email: MSP-FOI@michigan.gov

Re:

FOIA Request - Anne Avery Miller

To Whom It May Concern:

Pursuant to the Michigan Freedom of Informa=on Act (Public Act 442 of 1976, MCL 15.231, et seq. ), I hereby request disclosure of the following:

All records produced or received by the Michigan State Police from 2005 to the present men=oning Anne Avery-Miller, also known as Anne Avery Miller and Anne Therese Avery-Miller, as well as those men=oning her son Sam Avery.

Avery Miller was charged in November 2009 in the Thirteenth Circuit Court with the November 2007 killing of her son Sam. (See: Art Bukowski, “11:30am: Avery-Miller charged with murder,” Traverse City Record-Eagle, November 3, 2009, h^p://www.record- eagle.com/news/local_news/am-avery-miller-charged-with-murder/ar=cle_73ebe1ef-d6f1-57c3-b5e5-a2da9b02d6c3.html ). She died shortly aaer reportedly being found “ hanging from a bed sheet inside her jail cell” in the Antrim County Jail in May 2010. (See: Alex Piazza, “Murder suspect Avery-Miller commits suicide,” Traverse City Record-Eagle, May 5, 2010, h^p://www.record-eagle.com/news/local_news/murder-suspect-avery- miller-commits-suicide/ar=cle_9b0f3c14-c189-5207-acd0-4ce95e8f1d46.html )

The scope of this request includes but is not limited to any notes, memos, memoranda of conversa=on, le^ers, interviews, video or audio recordings, inves=ga=ons, analyses, briefings and correspondence produced or received by the above-men=oned en==es during the specified =me frame men=oning Avery Miller or her son.

I hereby request a complete fee waiver for this request as disclosure of the requested records would clearly be in the public interest.

Although I currently reside in Colombia for reasons related to my work as a journalist, I have also maintained a semi-permanent residence in Grand Traverse and Antrim coun=es for the majority of my life. As a ci=zen with a lifelong connec=on to this area, I feel strongly that the release of the requested records will help shed light on this highly controversial and much-publicized case, which involved ques=ons about poten=al negligence and/or wrongdoing by public officials. (See: Anne Stanton, “Doubt: Anne Avery Miller,” Northern Express, Nov. 1, 2009, h^ps://www.northernexpress.com/news/feature/ar=cle-4475-doubt-anne-avery-miller/ ; and Anne Stanton, “Anne Avery-Miller’s Suicide: Friends and lawyer say jail hanging was totally preventable,” Northern Express , May 9, 2010, h^ps://www.northernexpress.com/news/feature/ar=cle- 4604-anne-avery-miller/ )

Furthermore, as a journalist who has specialized for several years in covering criminal jus=ce and corrup=on issues, I am uniquely well posi=oned to publicly disseminate these records as well as to provide analysis of their significance for the public. (For details on my previous work, please see my website: www.mikelasusa.com .) This fact enhances the argument that disclosure of the requested records will serve the public interest.

If you regard any of these records as poten=ally exempt from the FOIA’s disclosure requirements, I request that you nonetheless exercise your

discre=on to disclose them. To permit me to reach an intelligent and informed decision whether or not to file an administra=ve appeal of any denied material, please describe any withheld records (or por=ons thereof) and explain the basis for your exemp=on claims.

Please no=fy me before incurring duplica=on costs over $25. To expedite the release of the requested records, please disclose them on an interim basis as they become available to you without wai=ng un=l all records have been processed.

Electronic communica=ons are preferred whenever possible. If you have any ques=ons regarding the iden=ty of the records, their loca=on, the scope of the request or any other ma^ers, please email me at mlasusa2000@yahoo.com .

EXHIBIT A Page 1 of 2

Thank you.

Sincerely,

Mike LaSusa

RICK SNYDER

GOVERNOR

August 08,2017

STATE OF MICHIGAN

DEPARTMENT OF STATE POLICE

LANSING

COL. KRISTE KIBBEY ETUE

DIRECTOR

MIKE LASUSA 4335 EAST TIMBERWOOD TRAVERSE CITY, MI49686

DRIVE

Subject: CR-20044262; MILLER, ANNE AVERY

Dear MIKE LASUSA:

This notice is issued in response to your request received 07/18/2017, Information Act (FOIA), MCL 15.231, et seq.

asking for information under the Freedom of

Your request is granted as to existing, non-exempt records in the possession of the Michigan State Police that fall within the scope of your request. To process your request, the Department estimates a FOIA processing fee of $1,205.40 to search for, retrieve, review, examine, and separate exempt material, if any. You may pay the deposit online at www.michigan.gov/mspfoiapayments using a credit card or check in the amount of $602.70 to cover the required deposit of the estimated processing fee. You will need to provide your name and the reference number listed above to utilize the online payment option. Please note there is a $2.00 processing fee for using this service. If you prefer, you can submit a check or money order made payable to the STATE OF MICHIGAN and mail to P.O. Box 30266, Lansing, MI 48909. To ensure proper credit, please enclose a copy of this letter with your payment.

Upon receipt of the deposit, the Department will complete the processing of your request. You will be notified of the balance due before mailing of the records, and of the statutory basis for the exemption of any records or portions of

records, and of your statutory remedial rights, if applicable. business days after receipt of payment.

The Department estimates a processing time of ~

Under the FOIA Section 10a (a copy of which is enclosed),

public body.

you have the right to appeal the fee to the head of this

If you have any questions concerning this matter, please feel free to contact our office at 517-241-1934 or email MSP-

You may also write to us at the address listed below and enclose a copy of this letter.

To review a copy of the Department's written public summary, procedures and guidelines, go to www.michigan.gov/msp.

~.

LANCE GACK TETTER Freedom of Information Unit Michigan State Police

MICHIGAN STATE POLICE HEADQUARTERS.

7150 HARRIS DRIVE.

DIMONDALE,

MAILING ADDRESS.

P.O. BOX 30634 • LANSING. MICHIGAN 48909

www.mlchlqan.qov/rnsp e 517-332-2521

MICHIGAN 48821

EXHIBIT B Page 1 of 3

STATE OF MICHIGAN FREEDOM OF INFORMATION ACT FEE CALCULATION FORM

File Number: CR-20044262

Estimated Costs

Requestor Name: MIKE LASUSA

Labor (Search, Locate, Examine)*

Hourly Rate

Hours

Total

GENERAL OFFICE ASSISTANT

$ 29.94/

hr

1 hrs

$ 29.94

SECRETARY 9

$ 36.321 hr

2 hrs

$ 72.64

SECRETARY 8

$

34.02/ hr

1.25 hrs

$ 42.53

Labor (Separate/Delete)*

Hourly Rate

Hours

Total

ASST. FOIA COORDINATOR

$ 28.53/ hr

34.50 hrs

$ 984.29

Labor (Contractor)**

Hourly Rate

Hours

Total

Nonpaper Physical Media

Unit Cost

Units

Total

THUMB DRIVE

$

12.00/ un

$ 12.00

Paper Copies

Unit Cost

Units

Total

DOUBLE SIDED PAPER COPIES

$

0.05/ un

871

$ 43.55

Labor (Duplication)*

Hourly Rate

Hours

Total

GENERAL OFFICE ASSISTANT

$ 0.38/

hr

21.78 hrs

$ 8.28

Indigent Waiver***

Total

Other Fees

Unit Cost

Units

Total

Mailing

Cost

Total

MAILING

$12.17

$ 12.17

Estimated Total:

$ 1205.40

50% Deposit:

$

602.70

Applied Payments:

$ 0.00

Total Deposit Due:****

$ 602.70

Part or all of the documents requested are available online at:

Cost to p r ovide the online documents

please forward payment and a copy of this form to the Agency for processing. This will result in a new request.

in paper form is $.

. If you prefer to have these documents mailed ,

EXHIBIT B Page 2 of 3

Return a copy of this fee calculation with your payment to ensure proper credit. Make check or money order payable to STATE OF MICHIGAN.

'Costs include hourly wage and an additional 50% to partially cover the cost of fringe benefits. "Actual cost does not exceed 6x the state minimum hourly wage. '''Must provide proof of indigence.

"

••

Once payment is receieved,

the Department

will process your request.

EXHIBIT B Page 3 of 3

Mike LaSusa

4335 East Timberwood Drive

Journalist

Traverse City, MI 49686

August 11, 2017

Michigan State Police, Freedom of Information Unit c/o: Lance Gackstetter PO Box 30634 Lansing, MI 48909 via email: MSP-FOI@michigan.gov; GackstetterL1@michigan.gov

Re:

FOIA Request CR-20044262 - Anne Avery Miller APPEAL OF REQUEST FOR FEE WAIVER AND OR REDUCTION

To Whom It May Concern:

I am writing with regard to the request I submitted under the Michigan Freedom

of Information Act (FOIA) on July 17, 2017 for records related to Anne Avery Miller. This request has been assigned the reference number CR-20044262. This letter constitutes an appeal for a fee waiver and/or reduction under section 10a

of the FOIA. See MCL 15.240a.

I originally requested that all fees be waived for this request, as is permitted

under the FOIA, because the disclosure of the records I am seeking is in the public interest because searching for or furnishing copies of the public record

can be considered as primarily benefiting the general public.

The Avery Miller case was highly publicized at the time its major events took place, no doubt due to the shocking nature of the narrative. A woman accused of killing her own son hangs herself in jail while awaiting trial. Accusations swirl about misfeasance and malfeasance on the part of police and prosecutors involved in the case. A dark and mysterious, death-filled tale playing out in a part of Michigan famed for its tranquility and natural beauty.

This request seeks to shed new light on this story, particularly the conduct of public officials who were involved in the Avery Miller case. By releasing the requested records, the Michigan State Police would be contributing to the main

stated objective of the FOIA: to ensure "that all persons

complete information regarding the affairs of government and the official acts of those who represent them as public officials and public employees."

are entitled to full and

I am hereby requesting that the Michigan State Police waive all fees for this

request because disclosure of the requested records would serve the public interest by shedding light on the official acts of public officials with regard to this well-known and controversial murder/suicide case.

Furthermore, if this request for a complete fee waiver on public interest grounds should be denied, I am hereby petitioning the Michigan State Police to

EXHIBIT C Page 1 of 2

Mike LaSusa

4335 East Timberwood Drive

Journalist

Traverse City, MI 49686

"specifically identif[y] the nature" of why "the cost of search, examination, review, and the deletion and separation of exempt from nonexempt

information

public bodies from charging fees for the search and review process unless the public body can "specifically identif[y] the nature" of why the search and review process for the request would constitute an "unreasonably high" cost.

would result in unreasonably high costs." The FOIA prohibits

Once again, I believe that the public interest in favor of disclosing these documents outweighs the costs to the State Police of making these documents available to the public. Although I would prefer to avoid litigation related to this matter, I believe strongly in open government and press freedom, and I am willing to defend those ideals in court, if necessary.

Sincerely,

freedom, and I am willing to defend those ideals in court, if necessary. Sincerely, Mike LaSusa

Mike LaSusa

EXHIBIT C Page 2 of 2

RICK SNYDER

GOVERNOR

STATE OF MICHIGAN

DEPARTMENT OF STATE POLICE

LANSING

August23,2017

Mr. Mike Lasusa 4335 East Timberwood Drive Traverse City, Michigan 48686

Subject: Fee Appeal, CR-2004262, Miller, Anne Avery

Dear Mr. Lasusa:

COL. KRISTE KIBBEY ETUE

DIRECTOR

The Michigan State Police (MSP) has received your appeal of the fee for the above referenced request made under the provisions of the Michigan Freedom of Information Act (FOIA), MCL 15.231 et seq.

After review, your fee appeal is denied and the original fee estimate is upheld.

You have requested "all records produced or received by the Michigan State Police from 2005 to the present mentioning Anne Avery-Miller, also known as Anne Avery Miller and Anne Therese Avery-Miller, as well as those mentioning her son Sam Avery."

The records you requested are voluminous and must be reviewed by a trained staff member to determine what, if any, material must be redacted prior to public disclosure. As noted in the fee estimate provided to you, a copy of which is enclosed, we have estimated 34.5 hours of labor to separate and delete exempt information. Requiring a single employee to dedicate almost a full work week of labor to a single FOIA request poses an undue burden on the public body.

Under section 10(a) of the FOIA, the department is obligated to inform you that you may commence an action in civil court to challenge the fees charged. If you prevail in such an action, the court may award reasonable attorney fees, costs, and disbursements. Further, if the court finds the public body's actions were arbitrary and capricious, you may receive punitive damages of $500.00.

To review a copy of the department's written public summary, procedures, and guidelines, go to www.michigan.gov/msp.

~~~ Lori M. Hinkley FOIA Appeals Officer

MICHIGAN STATE POLICE HEADQUARTERS.

7150 HARRIS DRIVE.

DIMONDALE,

MAILING ADDRESS.

P.O. BOX 30634 • LANSING, MICHIGAN 48909

e 517-332-2521

EXHIBIT D Page 1 of 1

www.rmcniqan.qov/rnsp

MICHIGAN 48821

8/7/17

ACTIVE EMPLOYEES BY DEPARTMENT

STATE POLICE

pay period ending:

07/29/2017

Job Cd Desc

Pay Grade Cd

Active Employees

ACCOUNTANT

12

2

ACCOUNTANT MANAGER

14

2

ACCOUNTING SPECIALIST

13

2

ACCOUNTING TECHNICIAN

10

1

ACCOUNTING TECHNICIAN

E9

1

AIRCRAFT MECHANIC

11

1

AIRCRAFT MECHANIC SUPERVISOR

12

1

AUDITOR

10

1

AUDITOR

12

1

BUYER

12

1

BUYER MANAGER

13

1

COMMUNICATIONS REPRESENTATIVE

10

1

COMMUNICATIONS REPRESENTATIVE

12

3

COMMUNICATIONS REPRESENTATIVE

9

1

COOK

7

2

COOK

E6

1

DATA CODING OPERATOR

5

1

DATA CODING OPERATOR

6

2

DATA CODING OPERATOR

E7

3

DEPARTMENTAL ANALYST

10

14

DEPARTMENTAL ANALYST

12

30

DEPARTMENTAL ANALYST

9

18

DEPARTMENTAL ANALYST

P11

62

DEPARTMENTAL MANAGER

12

1

DEPARTMENTAL MANAGER

13

4

DEPARTMENTAL MANAGER

14

24

DEPARTMENTAL MANAGER

15

9

DEPARTMENTAL SPECIALIST

13

32

DEPARTMENTAL SPECIALIST

14

2

DEPARTMENTAL SUPERVISOR

12

1

DEPARTMENTAL TECHNICIAN

10

18

DEPARTMENTAL TECHNICIAN

7

4

DEPARTMENTAL TECHNICIAN

8

13

DEPARTMENTAL TECHNICIAN

E9

42

DIETITIAN NUTRITIONIST MANAGER

12

1

DOMESTIC SERVICES AIDE

5

3

DOMESTIC SERVICES AIDE

E6

3

Comment:

Source:

These totals do not account for the seasonal fluctuations in employee counts that occur during the Fiscal Year.

This report includes Full-Time, Part Time, Permanent Intermittent, Limited Term, Seasonal, Unclassified, Non Career, Per Diem, SPS Employees (including Working Patients), Workers Comp, and Employees on a Leave of Absence for the Primary Position only.

Michigan Civil Service Commission MHR-0764

EXHIBIT E Page 1 of 4

Page 1

8/7/17

ACTIVE EMPLOYEES BY DEPARTMENT

STATE POLICE

pay period ending:

07/29/2017

Job Cd Desc

Pay Grade Cd

Active Employees

ELECTRICIAN-MASTER LICENSED

11

1

EMERGENCY DISPATCHER

7

8

EMERGENCY DISPATCHER

9

11

EMERGENCY DISPATCHER

E8

53

EMERGENCY DISPATCH SUPERVISOR

10

3

EMERGENCY DISPATCH SUPERVISOR

11

3

ENGINEERING SPECIALIST

13

1

EQUIPMENT TECHNICIAN

11

2

EXECUTIVE SECRETARY

E10

21

FINANCIAL ANALYST

10

1

FINANCIAL ANALYST

12

3

FINANCIAL ANALYST

P11

1

FINANCIAL MANAGER

14

2

FINANCIAL MANAGER

15

1

FINANCIAL SPECIALIST

13

3

FINANCIAL SPECIALIST

14

1

FINGERPRINT TECHNICIAN

10

4

FINGERPRINT TECHNICIAN

7

2

FINGERPRINT TECHNICIAN

E9

1

FINGERPRINT TECHNICIAN SPV

11

1

FORENSIC SCIENTIST

10

17

FORENSIC SCIENTIST

12

99

FORENSIC SCIENTIST

9

3

FORENSIC SCIENTIST

P11

7

FORENSIC TECHNICIAN

11

3

FORENSIC TECHNICIAN

12

1

FORENSIC TECHNICIAN

8

8

FORENSIC TECHNICIAN

9

7

FORENSIC TECHNICIAN

E10

12

GENERAL OFFICE ASSISTANT

5

1

GENERAL OFFICE ASSISTANT

6

3

GENERAL OFFICE ASSISTANT

E7

8

GRAPHIC ARTS DESIGNER

12

1

HUMAN RESOURCES DEVELOPER

10

2

HUMAN RESOURCES DEVELOPER

12

4

HUMAN RESOURCES DEVELOPER

9

1

HUMAN RESOURCES DEVELOPER

P11

2

HUMAN RESOURCES DEV SPL

13

2

HUMAN RESOURCES MANAGER

14

2

Comment:

Source:

These totals do not account for the seasonal fluctuations in employee counts that occur during the Fiscal Year.

This report includes Full-Time, Part Time, Permanent Intermittent, Limited Term, Seasonal, Unclassified, Non Career, Per Diem, SPS Employees (including Working Patients), Workers Comp, and Employees on a Leave of Absence for the Primary Position only.

Michigan Civil Service Commission MHR-0764

EXHIBIT E Page 2 of 4

Page 2

8/7/17

ACTIVE EMPLOYEES BY DEPARTMENT

STATE POLICE

pay period ending:

07/29/2017

Job Cd Desc

Pay Grade Cd

Active Employees

HUMAN RESOURCES SPECIALIST

13

1

INDUSTRIAL HYGIENE SPECIALIST

13

1

INFORMATION TECHNOLOGY MANAGER

15

1

INFORMATION TECHNOLOGY SPL

14

3

INFORMATION TEC PRG ALT

P11

1

JANITORIAL SERVICES

A

7

LABORER

E6

1

MAINTENANCE MECHANIC

E9

3

MEDIA PRODUCTION SPECIALIST

P11

1

MOTOR CARRIER INVESTIGATOR

11

10

MOTOR CARRIER LIEUTENANT

14

9

MOTOR CARRIER OFFICER

9

12

MOTOR CARRIER OFFICER

E10

96

MOTOR CARRIER SERGEANT

13

22

MOTOR CARRIER SPECIALIST SGT

13

4

OFFICE DIRECTOR

17

15

PHOTOGRAPHER

12

1

PHYSICAL PLANT SUPERVISOR

13

1

PLANNING ANALYST

12

2

PLANNING ANALYST

9

1

PLANNING ANALYST

P11

3

PLANNING SPECIALIST

13

1

PROCUREMENT TECHNICIAN

E9

1

PSYCHOLOGIST

P11

2

PSYCHOLOGIST MANAGER

14

1

REFRIGERATION MEC

E10

4

SECRETARY

7

3

SECRETARY

9

68

SECRETARY

E8

28

SENIOR EXECUTIVE MAN AST

13

4

SENIOR EXECUTIVE MAN AST

15

1

SENIOR EXECUTIVE MAN AST

9

1

SENIOR EXECUTIVE SERVICE

15

3

SENIOR EXECUTIVE SERVICE

16

1

SENIOR EXECUTIVE SERVICE

18

1

SENIOR EXECUTIVE SERVICE

20

4

SPECIAL APPOINTEE

A

3

STATE ADMINISTRATIVE MANAGER

15

3

STATE ADMINISTRATIVE MANAGER

16

21

Comment:

Source:

These totals do not account for the seasonal fluctuations in employee counts that occur during the Fiscal Year.

This report includes Full-Time, Part Time, Permanent Intermittent, Limited Term, Seasonal, Unclassified, Non Career, Per Diem, SPS Employees (including Working Patients), Workers Comp, and Employees on a Leave of Absence for the Primary Position only.

Michigan Civil Service Commission MHR-0764

EXHIBIT E Page 3 of 4

Page 3

8/7/17

ACTIVE EMPLOYEES BY DEPARTMENT

STATE POLICE

pay period ending:

07/29/2017

Job Cd Desc

Pay Grade Cd

Active Employees

STATE ASSISTANT ADMINISTRATOR

15

2

STATE BUREAU ADMINISTRATOR

18

5

STATE POLICE AIRCRAFT PILOT

12

3

STATE POLICE CADET

4

9

STATE POLICE DETECTIVE

11

120

STATE POLICE DETECTIVE

12

186

STATE POLICE DETECTIVE LNT

14

46

STATE POLICE DIGITAL FOR ALT

12

6

STATE POLICE DIGITAL FOR ALT

P11

4

STATE POLICE FIRST LIEUTENANT

15

74

STATE POLICE FOR TEC LDR

15

8

STATE POLICE LABORATORY DIR

15

9

STATE POLICE LABORATORY MGR

14

33

STATE POLICE LIEUTENANT

14

28

STATE POLICE SERGEANT

12

240

STATE POLICE SPECIALIST

11

6

STATE POLICE SPECIALIST

12

46

STATE POLICE SPECIALIST LNT

14

21

STATE POLICE TROOPER

10

303

STATE POLICE TROOPER

E11

838

STATE PROPERTIES SEC OFR

7

1

STATE PROPERTIES SEC OFR

9

1

STATE PROPERTIES SEC OFR

E8

12

STATE PROPERTIES SEC SPV

10

2

STOREKEEPER

7

1

STUDENT ASSISTANT

A

8

VEHICLE SAFETY INSPECTOR

E10

16

WORD PROCESSING ASSISTANT

E7

3

DEPARTMENT TOTAL:

 

2,991

Comment:

Source:

These totals do not account for the seasonal fluctuations in employee counts that occur during the Fiscal Year.

This report includes Full-Time, Part Time, Permanent Intermittent, Limited Term, Seasonal, Unclassified, Non Career, Per Diem, SPS Employees (including Working Patients), Workers Comp, and Employees on a Leave of Absence for the Primary Position only.

Michigan Civil Service Commission MHR-0764

EXHIBIT E Page 4 of 4

Page 4

Michigan

REQUIRED SUPPLEMENTARY INFORMATION

BUDGETARY COMPARISON SCHEDULE MAJOR GOVERNMENTAL FUNDS FISCAL YEAR ENDED SEPTEMBER 30, 2016 (In Thousands)

136136

 

GENERAL FUND

 
 

ORIGINAL

 

FINAL

VARIANCE WITH

BUDGET

BUDGET

 

ACTUAL

FINAL BUDGET

Beginning Budgetary Fund Balance - Restated

$

2,197,815

$

2,197,815

$

2,197,815

$

-

Resources (inflows):

General Purpose Revenues:

Taxes Federal Local Licenses and permits Services Miscellaneous Transfers in Restricted Revenues:

Taxes Federal Local Licenses and permits Services Miscellaneous Bonds Issued Refunding Bonds Issued Premium on Bonds Issued Proceeds from sale of capital assets Transfers in

 

9,478,900

9,508,383

9,508,383

-

30,000

18,827

18,827

-

100

-

-

-

13,000

13,335

13,335

-

8,000

6,693

6,693

-

123,100

269,494

269,494

-

188,500

216,559

216,559

-

3,546,653

4,739,126

4,739,126

-

19,639,290

18,218,960

 

18,218,960

-

 

165,490

209,509

209,509

-

409,725

329,571

329,571

-

365,385

325,142

325,142

-

931,843

697,384

697,384

-

-

81,786

81,786

-

-

78

78

-

-

18,352

18,352

-

-

2,543

2,543

-

68,715

52,888

52,888

-

Total Revenue Inflows

34,968,701

34,708,629

 

34,708,629

-

Amounts Available for Appropriation

37,166,516

36,906,444

36,906,444

-

Charges to Appropriations (outflows):

Legislative Branch

175,518

162,831

162,217

614

Judicial Branch Executive Branch:

286,224

257,206

256,118

1,088

Agriculture and Rural Development Attorney General Civil Rights Colleges and Universities Grants Community Health Corrections Education Environmental Quality Executive Office Human Services Insurance and Financial Services Licensing and Regulatory Affairs Military and Veterans Affairs Natural Resources State State Police Talent and Economic Development Technology, Management and Budget Transportation Treasury Intrafund expenditure reimbursements

 

86,857

77,420

77,160

260

95,588

86,891

86,800

91

16,129

15,289

14,630

659

1,457,968

1,457,786

1,455,863

1,923

19,533,596

18,768,491

 

18,628,590

139,901

 

1,959,627

1,962,258

1,953,221

9,037

360,562

328,200

326,415

1,785

502,249

334,326

328,307

6,019

5,531

5,531

5,236

295

5,472,560

5,048,461

5,036,528

11,933

65,058

59,020

58,870

150

367,432

324,280

297,313

26,967

163,262

162,575

161,839

736

142,217

102,384

102,229

155

234,580

223,564

222,079

1,485

627,498

605,763

605,414

349

613,267

249,418

249,336

81

773,418

922,523

915,246

7,277

485,052

394,564

394,564

-

1,914,381

3,841,201

3,784,414

56,787

-

(559,798)

(559,798)

-

Total Charges to Appropriations

35,338,573

34,830,183

 

34,562,591

267,591

Reconciling Items:

Change in noncurrent assets Net Reconciling Items

 

-

46,123

46,123

-

-

46,123

46,123

-

Ending Budgetary

Fund Balance

EXHIBIT F Page 1 of 1

$

1,827,943

$

2,122,385

$

2,389,976

$

267,591