[nfbmi-talk] Fw: official request for information and accommodation

Thu Sep 2 16:58:02 UTC 2010

----- Original Message ----- 
From: Farmer, Mel (DELEG) 
To: joe harcz Comcast 
Cc: Cannon, Patrick (DELEG) ; Wyeth, Duncan (DELEG) ; Haynes, Carla (DELEG) ; Jurus, Janet (DELEG) 
Sent: Thursday, September 02, 2010 11:54 AM
Subject: RE: official request for information and accommodation 

Mr. Harcz, Section 11-7000 Equally effective communication of the ADA Title II Technical 

Assistance Manual reads as follows;

 "A public entity must ensure that its communications with individuals with disabilities are as 

 effective as communications with others. This obligation, however, does not require a public 

 entity to take any action that it can demonstrate would result in a fundamental alteration in the 

 nature of its services, programs, or activities, or in undue financial and administrative burdens."

The Department is treating your August 26, 2010 request for copies of public records under the 

Michigan Freedom of Information Act (FOIA) the same as it treats similar requests from other 

requesters. Thusly,  based on the above ADA guideline, the Department is in compliance with all 

applicable federal and state FOIA, and related provisions regarding requests for public records; 

and not, as asserted in your September 1, 2010 emails, illegally discriminating against you in 

processing this and other requests for nonexempt public records in it's possession. 

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

From: joe harcz Comcast [mailto:joeharcz at comcast.net] 
Sent: Wednesday, September 01, 2010 5:25 PM
To: Farmer, Mel (DELEG)
Subject: Re: official request for information and accommodation 

August 26, 2010

Dear Mr. Farmer,

Those documents were in the hands of the MCB commissioners, Cheryl Heibeck of MCB, parties from Deleg, Patrick Cannon, Constance Zanger at the budget and cash match meeting held in the Victor Office Building August 26, 2010.

Moreover, I did not make this request under FOIA, but rather through relevant provisions of the Americans with Disabilities Act, and relevant sections of both title Iand V of the Rehabilitation Act of 1973. As you might be aware federal law, especially civil rights laws such as the ADA and Rehabilitation Act trump state law.

Sincerely,

Paul Joseph Harcz, Jr.

  ----- Original Message ----- 

  From: Farmer, Mel (DELEG) 

  To: joe harcz Comcast 

  Cc: Cannon, Patrick (DELEG) ; Wyeth, Duncan (DELEG) ; Haynes, Carla (DELEG) ; Jurus, Janet (DELEG) 

  Sent: Wednesday, September 01, 2010 4:54 PM

  Subject: RE: official request for information and accommodation 

  Mr. Harcz, this notice is in response to your request for copies of records/information described in the attached copy of your August 26, 2010 email to Mr. Duncan Wyeth. Please be informed that the Department of Energy, Labor, & Economic Growth (DELEG) is processing this request under the Michigan Freedom of Information Act (FOIA), MCL 15.231 et seq.

  In order to determine the existence of any nonexempt records/information within the DELEG that might be responsive to your request, a search and examination of records/information must be undertaken. For this reason, it is necessary, as permitted by MCL 15.235, Section 5(2)(d) of the FOIA, to extend the time for response to September 17, 2010, or sooner.

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

  From: joe harcz Comcast [mailto:joeharcz at comcast.net] 
  Sent: Thursday, August 26, 2010 7:12 PM
  To: Wyeth, Duncan (DELEG)
  Cc: Cannon, Patrick (DELEG); Luzenski, Sue (DELEG); Jo Anne Pilarski MCB, Chair; Margaret Wolfe MCB, Commissioner; John Scott MCB, Commissioner; Geri. Taeckens MCB, Commissioner; mike.cox at michigan.gov; Lynnae Ruttledge RSA Commissioner; John L Wodatch USDOJ; TOM MASSEAU MPAS; president.nfb.mi at gmail.com; Joe Sibley MCBVI Pres.; Richard Clay Advocates f/t Blind; nfbmi-talk at nfbnet.org
  Subject: official request for information and accommodation 

  Official Request for Public Documents Including Financial Information

  August 26, 2010

  Paul Joseph Harcz, Jr.

  1365 E. Mt. Morris Rd.

  Mt. Morris, MI 48458

  E-mail: joeharcz at comcast.net

  Re: request for information pursuant to ADA, Title II

  Duncan Wyeth, DELEG ADA Coordinator

  Via e-mail

  Patrick D. Cannon, Director Michigan Commission for the Blind

  And State of Michigan ADA Coordinator

  Via e-mail

  MCB Commissioners (all via e-mail)

  Jo anne Pilarski, Chair

  Michael Geno, Vice-Chair c/o Susan Luzinski

  Margaret Wolfe, Commissioner

  Geraldine Taeckens, Commissioner

  John Scott, Commissioner

  All,

  I am writing you today in the interest of accommodation, inclusion, and transparency for all of the following items in accessible format pursuant to obligations under the Americans with Disabilities Act of 1993 (Title II, subpart e, communications), as well as relevant provisions of The Rehabilitation Act of 1973 as amended.

  The documents may simply be sent to me via e-mail as either Word attachments or plain text enclosures.

  I reiterate my request for all information in the "commissioner's packet" reference today at the meeting on budget and cash match. Ms. Luzinski only sent me the MCB Report, Agenda and Draft College Policy. But documents related to the State Plan which the commissioners clearly have and other documents they will be priey to tomorrow at the board meeting were not sent to me. Thus again I wish to have all documents that the commissioners have concerning tomorrow's quarterly meeting sent to me.

  Moreover, as discussed today I wish to have all of the documents related to the in service sent to me. They include in part:

  -all the reports that Ms. Cheryl Heibeck referred to including the 911 report, standards and indicators, the most recent Auditor General's report (single audit) and so on and so forth

  -the operating budget that Ms. Zanger referred to

  -all of the memorandums of understanding referred to with Intermediate School Districts, by Mr. Jones

  -the financial report referenced by the person from DELEG (Al was his first name but I couldn't hear his last or official position

  -the memorandum of understanding referred to at today's in service

  I must say that Mr. Cannon denoted that these documents were to be made available to members of the public and that he reiterated his contention that MCB was open and wished to be more open than other agencies in the country. I take him at his word on this and am taking him up on his offer of open governance in these regards now.

  Finally, I reiterate my verbal suggestion today that these and other documents relative to the activities of the Michigan Commission for the Blind are routinely, in a timely and accessible manner simply posted to MCB's web site now and in the future.

  Respectfully,

  Paul Joseph Harcz, Jr.

  Cc: MI National Federation of the Blind

  Cc: Michigan Council of the Blind and Visually Impaired

  Cc: Advocates for the Blind

  Cc: U.S. Department of Justice, Civil Rights Division, Disability Rights Section

  Cc: Michael Cox, Michigan Attorney General

  Cc: Michigan Protection and Advocacy Services, Inc.

  Cc: Lynnae Rutledge, Commissioner, Rehabilitation Services Administration