[nfbmi-talk] Fw: Follow up to your telephone call with MPAS

[joe harcz Comcast]

----- Original Message ----- 
From: "joe harcz Comcast" <joeharcz at comcast.net>
To: "CYNTHIA QUILLAN" <CQUILLA at mpas.org>
Sent: Friday, August 06, 2010 1:24 PM
Subject: Re: Follow up to your telephone call with MPAS


> Just got back from Philly. I cannot independently fill out any print 
> questionaire, which goes to the point here. Moreover, Title II, subpart e 
> and Section 504 require "primary consideration". In other words the person 
> who has vision or hearing issues must be consulted about the most 
> effective format for themself.
>
> Now, in my instance all I generally as for is simply a plain text or Word 
> attachment or simply an enclosure to e-mail such as this one.
>
> Over the years MPAS has not understood these requirements fully in my 
> experience. And again this goes to the point of informed consent.
>
> And it goes to system compliance by MCB itself. One need only view the 
> question number two on MCB's own web site in its 2008 consumer 
> satisfaction survey to denote that many individuals never recieved one 
> item in accessable format. And these were perportedly successful closures! 
> Not one item! And that is from application through closure!
>
> Moreover, McB has failed to conduct its required survey of unsuccessful 
> closures. One can only imagine what that looks like!
>
> I filed OCR complaints while a VR client in New Hampshire over this very 
> issue and prevailed.
>
> Then upon my return to Michigan I ran into the same issue circa 2001-2002. 
> Mame I know the law and I know my rights. And I know when a scofflaw 
> agency like MCB violates them.
>
> Moreover as a former member of MCB's consumer involvement council this 
> issue of accessable format including access to ones own file by formal and 
> informal surveys was a consistent problem especially in the Eastern part 
> of this state.
>
> I'm leaving to the side physical access issues of which I've filed 
> numerous complaints on their own facilities. But, Pat Cannon the former 
> chair of the US Access Board and State ADA coordinator has and continues 
> to violate those too. In fact in every office building including the HQ 
> (Victor Office Building) raised character and Braille signage is still 
> non-compliant. It doesn't conform to ADAAG Sections 4.1, 4.2, 4.3.
>
> As they have been informed of obligations in both regards to physical 
> access (also required under Title I of the Rehab Act) and obligations to 
> remit accessable information to all consumers based upon primary 
> consideration (and affirmativelty and in a timely manner) for more than 
> the decade I've been back in Michigan Ithis constitutes not only 
> deliberate indifference to the law but manifestly intentional 
> discriminatikon which must be construed to have been conducted with malice 
> of forethought.
>
> These are only the tip of the iceberg in a demand for systemic relief.
>
>
> Finally, without pro forma information in alternate formats in a timely 
> manner there is no and I repeat NO informed consent.
>
> Sincerely,
>
> Paul Joseph Harcz, Jr.
>
> ----- Original Message ----- 
> From: "CYNTHIA QUILLAN" <CQUILLA at mpas.org>
> To: <joeharcz at comcast.net>
> Sent: Monday, July 12, 2010 8:36 AM
> Subject: Follow up to your telephone call with MPAS
>
>
>> The information contained in this message is privileged or confidential
>> information intended only for the use of the individual or entity
>> named
>> above.  If the reader of this message is not the intended recipient,
>> you
>> are hereby notified that any dissemination, distribution or copying of
>> this communications neither allowed nor intended.  If you have
>> received
>> this communication in error, please notify the sender immediately by
>> telephone at 800.288.5923.  Thank you.
>>
>> Dear Mr. Harcz:
>>
>> Per our conversation, on June 24, 2010, I did consult with the Client
>> Assistance Program (CAP) Director Jeanette Brown about your concerns
>> about the CAP being in an assessable format for the blind and about
>> Michigan Commission for the Blind (MCB) consumers being unaware of CAP
>> services.  Ms. Brown responded with the comment that all of our agency
>> brochures are available in assessable format. She also stated that the
>> MCB is required to tell customers about CAP and that the she will
>> follow
>> up on this issue with MCB. She appreciated you bringing this MCB
>> concern
>> to her attention.
>>
>> I will send you via the postal service Braille and large print written
>> brochures on CAP and one entitled Who We Are What We Do.  I mentioned
>> that I would send information on our agency priorities.  Unfortunately
>> this information is in the process of being updated and is unavailable.
>>
>> I can send you an agency questionnaire which helps the agency
>> reevaluate
>> future agency priorities. If interested in a Braille or large print
>> questionnaire, please let me know as I will need to put in a request
>> for
>> this. I hope this information is useful.
>>
>> At this time, I am closing my file on this matter.  I would appreciate
>> it if you would fill out the enclosed evaluation and return it to us.
>> Your comments help us provide quality services to our callers.  Thank
>> you for calling Michigan Protection and Advocacy Service, Inc.  Please
>> call again any time you have questions or concerns about the rights of
>> people with disabilities.
>>
>> Sincerely,
>>
>> Cindy
>> I &R Advocate
>>
>