[nfbmi-talk] Fw: foia ada 504 request

Christine Boone Christine_Boone at comcast.net
Mon May 3 20:00:15 UTC 2010


Wow, it looks as though, just perhaps, Mr. Cannon might have given an
instruction to Mr. Farmer, to simply deny all FOIA requests from the
following people ... 
Prior to mid-April, some requests were honored.  Now, nothing.  Curious I
would say.   

-----Original Message-----
From: nfbmi-talk-bounces at nfbnet.org [mailto:nfbmi-talk-bounces at nfbnet.org]
On Behalf Of joe harcz Comcast
Sent: Monday, May 03, 2010 3:12 PM
To: nfbmi-talk at nfbnet.org
Subject: [nfbmi-talk] Fw: foia ada 504 request


----- Original Message -----
From: joe harcz Comcast
To: Farmer, Mel (DELEG)
Sent: Monday, May 03, 2010 3:08 PM
Subject: Re: foia ada 504 request


Thanks this will be forwarded along with numerous complaints to the United
States Department of Justice concerning protracted and systemic violations
of the ADA and Section 504 by all sorts of entities of the State of Michigan
and by Mr. Patrick D. Cannon as well as yourself.

Oh on the survey issue you might just look in the neglected files of the
Michigan Commission for Disability Concerns behind the inaccessible sign on
the First Floor of the Victor Office building ,  and in the Offices of the
DMB, etc.

And as per some complaints you just might look on Mr. Cannon's computer at
the Victor Office Building, Second Floor. Yes, that is the building with
numerous Americans with Disability Act and Section 504 violations including
"program access" violations; and violations concerning raised character and
Braille signage.

He certainly has several complaints filed by yours truly along with copious
technical assistance.

I thank you as always for your prompt responses to my lawful inquiries.

Sincerely,

Paul Joseph Harcz, Jr.

  ----- Original Message -----
  From: Farmer, Mel (DELEG)
  To: joe harcz Comcast
  Cc: Cannon, Patrick (DELEG) ; Haynes, Carla (DELEG) ; Luzenski, Sue
(DELEG) ; Martin, Carrie (DELEG) ; Heibeck, Cheryl (DELEG) ; Burdgick, Julia
(DTMB)
  Sent: Monday, May 03, 2010 2:58 PM
  Subject: RE: foia ada 504 request


  Mr. Harcz, this notice is in response to your April 25, 2010 email (copy
attached) request for copies of records under the Freedom of Information Act
(FOIA), MCL 15.231 et seq., you basically describe as emails and records
sent to or by Mr. Patrick Cannon, Director, Michigan Commission for the
Blind (MCB) related to the implementation of the Americans with Disabilities
Act of 1990 and Section 504 of the Rehabilitation Act of 1973, including
facility surveys conducted at the behest of Mr. Cannon, or those sent to
him, as well as other items; facility surveys and other memoranda, etc.
relative to accessing all the DELEG employment facilities as well as
equipment such as computers therein; any complaints or other memoranda sent
to or by Mr. Cannon relative to effective communications with persons with
disabilities, including those made by blind people requesting information in
accessible formats in a timely manner, or deaf people requesting interpreter
or similar accommodations; and the waiver of any fees to process your
request.

   

  Please be advised that this must be denied pursuant to MCL 15.233,
Sections 3(1), 3(4), & 3(5) of the FOIA. Section 3(1) provides that written
requests sufficiently describe a public record to enable a public body to
find it; and Sections 3(4) & 3(5) provide that a public body is not required
to make a new compilation, summary, or report of information not already in
existence. Your request is very broad; lacks reasonable timelines and
specificity for the Department to conduct a reasonable search for requested
records/information, some of which may involve other public/private
entities; and , aside unreasonably high labor costs for records search,
examination and review, would require the compilation of information/records
and new reports not currently existing in the Department. 

   

  This denial of disclosure is supported by the following Michigan Appellate
Court determinations applicable to this request:

  --Kincaid v Dep't of Corrections, 180 Mich App 176; 446 NW2d 604 (1989)
which, in part, opined 

    that a request for disclosure of information under the FOIA must
describe the requested records

    sufficiently to enable the public body to find them; when a request is
denied because of an

    insufficient description, the requesting person may (1) rewrite the
request with additional 

    information, or (2) file suit in circuit court where the sole issue
would be the sufficiency of 

    information to describe the records desired.

   

  --Capitol Information Ass,n v Ann Arbor Police Dep't , 138 Mich App 655;
360 NW2d 262 (1984) 

    which opined that plaintiff's request seeking "all correspondence"
between local police 

    department and "all federal law enforcement/investigative" agencies was
"absurdly overboard"

    and failed to sufficiently identify specific records as required by the
FOIA, section 3(1).

   

  Under the FOIA (MCL 15.240), you may submit a written appeal regarding the
denial the denial of any portion of your FOIA request to Mr. Stanley Pruss,
Director, Michigan Department of Energy, Labor & Economic Growth, Attention:
Mario Morrow, Ottawa Building-Fourth Floor, P.O. Box 30004, Lansing, MI
48909,. Your appeal must include the word "appeal" and identify the
reason(s) for reversal of the denial(s). You may also seek judicial review
in circuit court within 180 days after the final determination. If you
prevail, the court may award reasonable attorney fees, costs, and
disbursements. If the court finds the Department's action to be arbitrary
and capricious, the court shall award, in addition to any actual or
compensatory damages, punitive damages in the amount of $500.00.

   

   

   

   


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

  From: joe harcz Comcast [mailto:joeharcz at comcast.net]
  Sent: Sunday, April 25, 2010 11:14 PM
  To: Farmer, Mel (DELEG)
  Cc: John L Wodatch USDOJ; president.nfb.mi at gmail.com; Joe Sibley MCBVI
Pres.; miadaptleaders at yahoogroups.com; Scott Heinzman ADAPT; Michael Harris;
TOM MASSEAU MPAS; Jim Magyar AA CIL; Dave Bulkowski; Mike Zelley TDN; Kathy
McGeathy
  Subject: foia ada 504 request

   

  Michigan FOIA Request ADA/504

   

   

   

  Paul Joseph Harcz, Jr.

  1365 E. Mt. Morris Rd.

  Mt. Morris, MI 48458

  Cell Phone: 810-516-5262

  E-mail: joeharcz at comcast.net

   

  Melvin Farmer, FOIA Director

  Michigan Department of Energy Labor and Economic Growth (DELEG)

  (Via e-mail: farmerm at michigan.gov))

   

  Dear Mr. Farmer,

   

  I am writing you today to request some information pursuant to the
Michigan Freedom of Information Act. Specifically I am requesting any e-mail
correspondences sent to, or sent bby, Patrick D. Cannon either in his
capacity as Director of the Michigan Commission for the Blind or in his
capacity as the State of Michigan Americans with Disabilities Act
coordinator related to the implementation of the Americans with Disabilities
Act of 1990, or Section 504 of the Rehabilitation Act of 1973. Note: I am
requesting all memoranda, complaints, grievances, or e-mails expressing
concerns about any State of Michigan entity including, but not exclusive of
access issues related to the Michigan Commission for the Blind's programs,
activities and facilities. This should include any written complaints
concerning raised character and Braille signage in state facilities, but I
am not narrowing my request to this issue alone. I am including in this
request any facility surveys conducted at the behest of Mr. Cannon, or those
sent to him,  as well as the other items. That should include any surveys
conducted to ensure that Michigan Commission for the Blind meetings as well
as those of MRS or any other State of Michigan entity are accessible within
the definitional standards set forth by the ADA and Section 504. Moreover
there should bbe facility surveys and other memoranda, etc. relative to
accessing all the DELEG employment facilities as well as equipment such as
computers therein. Thus I'm requesting that information as well.

   

  I am also requesting any complaints or other memoranda sent to or by Mr.
cannon relative to effective communications with persons with disabilities
including, but not exclusive of those made by people who are blind
requesting information in accessible formats and in a timely manner, or
people who are deaf requesting interpreter or similar accommodations.

   

  Any correspondences in this regard except for those that came from me and
are from private individuals may, of course have those individual names
redacted along with other identifying material. However, I will not accept
redacted information between Mr. Cannon and other state employees or, for
that matter any public official in the state of Michigan, or elsewhere in
this matter for those do not fall under the exemptions of the Michigan FOIA.


   

  Now, aside from the e-mails which can simply be sent as plain text
enclosures or attachments  to my e-mail address I specifically request
pursuant to the effective communications requirements of the ADA and Section
504 that print documents are made accessible to me as I am legally blind. If
those surveys are already in a Word or other format accessible to me (I use
Jaws - a screen reading technology that Mr. Cannon is familiar with)

   Then simply send them as is. If they are in print only then I request
them in a Word format and I will advise you that the Americans with
Disabilities Act and Section 504 specifically prohibit charging a surcharge
for such an accommodation.

   

  As the Americans with Disabilities Act is about to turn twenty years old
on July 26, 2010 it is in the public interest to ensure that all of the
State of Michigan's facilities, programs and services are compliant and this
request is to ensure that it is so. As such and as I will make this
information widely available to several organizations without personal
remuneration in this regard I formally request that DELEG charge me no fee
for this request.

   

  I thank you in advance for your prompt and accessible response to this
request.

   

   

   

  Very Truly Yours,

   

  Paul Joseph Harcz, Jr.

   

   

  Cc: John L. Wodatch, U.S. Dept. of Justice, Civil Rights Division,
Disabilities Rights Section

   

  Cc: Great Lakes TAC

  Cc: Michigan Protection and Advocacy Services, Inc.

  Cc: Michigan ADAPT

  Cc: National Federation of the Blind, Michigan

  Cc: Michigan Council of the Blind and Visually Impaired

  Cc: Michigan Statewide Independent Living Council

  Cc: several media outlets

   

   
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