[nfbmi-talk] Fw: foia response and additional foia request for info

Wed May 12 19:44:18 UTC 2010

----- Original Message ----- 
From: joe harcz Comcast 
To: Farmer, Mel (DELEG) 
Sent: Wednesday, May 12, 2010 3:41 PM
Subject: Re: foia response and additional foia request for info

May 12, 2010

Dear Mr. Farmer,

In your FOIA denial referenced herein your office cited directly that there was a statute from the federal government that would not allow DELEG to remit the requested RSA monitoring reports and responses. I quoted that reasoning here and simply asked you for the citation. Do you not think it absurd on its very face to ask me for an extension for simply requesting a statutory reference here? Of course, this goes to stonewalling and simply making things up. The reason you or your office cannot find such a citation is that it does not exist. With all due respect you nor DELEG should be allowed to make these things up.

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) 
  Sent: Wednesday, May 12, 2010 9:20 AM
  Subject: RE: foia response and additional foia request for info

  This notice is in response to your request for copies of records under the state's Freedom of Information Act (FOIA), MCL 15.231 et seq., you describe in your May 5, 2010 email, as attached. Please be informed that in order to determine the existence of any nonexempt information within the Department that might be responsive to your request, a search must undertaken. For this reason it is necessary to extend the time for response, as permitted by MCL 15.235, Section 5(2)(d) of the FOIA, through May 26, 2010, or sooner.

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  From: joe harcz Comcast [mailto:joeharcz at comcast.net] 
  Sent: Wednesday, May 05, 2010 10:40 AM
  To: Farmer, Mel (DELEG)
  Cc: president.nfb.mi at gmail.com; Craig.McManus at ed.gov; Cox, Mike (AG); TOM MASSEAU MPAS; Joe Sibley MCBVI Pres.; Mike Zelley TDN; Jim Magyar AA CIL; Dave Bulkowski; Michael Harris; miadaptleaders at yahoogroups.com; Susan Fitzmaurice; Jo Anne Pilarski; Geri. Taecken; margwolfe at usa.net
  Subject: foia response and additional foia request for info

  FOIA Official Response to Denial in Part and Additional FOIA Request

  May 5, 2010

  Paul Joseph Harcz, Jr.

  1365 E. Mt. Morris Rd.

  Mt. Morris, MI  48458

  E-mail: joeharcz at comcast.net

  Melvin Farmer, FOIA Director, DELEG

  farmerc at michigan.gov

  Dear Mr. Farmer,

  In your April 29, 2010 denial of my Michigan Freedom of Information Act request for the Rehabilitation Services Administration (RSA) preliminary review and rebuttal related to the Michigan Rehabilitation Services (MRS) you said in part, for your denial:

  ""Further, the RSA has instructed

    affected Department agencies to not to disclose their draft report or

    related information to any parties not involved in their monitoring

    activities. Thusly, the requested report is a record or information

    specifically described and exempted from disclosure by statute.""

  Now, sir I wish to have the exact citation in statute that you allude to here. Moreover, I wish to see any regulatory reference from the federal government in this regard. 

  In addition I am requesting under the Michigan Freedom of Information Act any correspondence from Patrick Cannon, Director of the Michigan Commission for the Blind advising your office on this request or the similar request made for the Michigan Commission for the Blind RSA monitoring information made by Larry Posont, President of the Michigan affiliate of the National Federation of the Blind.

  Precisely I am requesting any e-mails sent to you or any FOIA related personnel at the Michigan Department of Energy, Labor, and Economic Growth by Cannon on these matters. It should not be difficult for you to find this information as it is quite likely on your very computer. Certainly it is on Mr. Patrick D. Cannon's computer which is located on the Second Floor of the Victor Office Building in Lansing Michigan.

  Another place to look is on the computers of Ms. Susan Luzinski, Ms. Carla Haynes, and Mr. Mario Morrow.

  I also think Mr. Andy Levin and Mr. "Skip" Prusse might have received some correspondences related to this release of information from Mr. Cannon.

  Again it cost nothing to send these documents as text file attachments to my e-mail address listed above and I will circulate this information in the public interest to stakeholders in the disability community.

  Moreover, I will inform RSA and the Michigan Attorney General's office of this request.

  Sincerely,

  Paul Joseph Harcz, Jr.

  Cc: Michael Cox, Attorney General State of Michigan

  Cc: Craig McManus, RSA Monitoring Liaison to MCB and MRS

  Cc: Tom Masseau, Chair Michigan SILC

  Cc: Larry Posont President NFB MI

  Cc: Joe Sibley, President, MCBVI

  Cc: several Centers for Independent Living

  Cc: Michigan ADAPT

  Cc: Paralyzed Veterans of Michigan

  Cc: Several Members of the MCB Board and MRC