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

Thu Sep 2 18:38:51 UTC 2010

----- Original Message ----- 
From: joe harcz Comcast 
To: Farmer, Mel (DELEG) 
Sent: Thursday, September 02, 2010 2:37 PM
Subject: Re: official request for information and accommodation 

Mr. Farmer:

This from Section 504 regulations is only a partial response. Please read them very, very carefully.

Sincerely,

Paul Joseph Harcz, Jr.
§ 104.4   Discrimination prohibited.

                  (a) General. No qualified handicapped person shall, on the 

basis of handicap, be excluded from participation in, be denied the benefits of, 

or otherwise be subjected to discrimination under any program or activitiy which 

receives Federal financial assistance.

                  (b) Discriminatory actions prohibited. (1) A recipient, in 

providing any aid, benefit, or service, may not, directly or through 

contractual, licensing, or other arrangements, on the basis of handicap:

                  (i) Deny a qualified handicapped person the opportunity to 

participate in or benefit from the aid, benefit, or service;

                  (ii) Afford a qualified handicapped person an opportunity to 

participate in or benefit from the aid, benefit, or service that is not equal to 

that afforded others;

                  (iii) Provide a qualified handicapped person with an aid, 

benefit, or service that is not as effective as that provided to others;

                  (iv) Provide different or separate aid, benefits, or services 

to handicapped persons or to any class of handicapped persons unless such action 

is necessary to provide qualified handicapped persons with aid, benefits, or 

services that are as effective as those provided to others;

                  (v) Aid or perpetuate discrimination against a qualified 

handicapped person by providing significant assistance to an agency, 

organization, or person that discriminates on the basis of handicap in providing 

any aid, benefit, or service to beneficiaries of the recipients program or 

activity;

                  (vi) Deny a qualified handicapped person the opportunity to 

participate as a member of planning or advisory boards; or

                  (vii) Otherwise limit a qualified handicapped person in the 

enjoyment of any right, privilege, advantage, or opportunity enjoyed by others 

receiving an aid, benefit, or service.

                  (2) For purposes of this part, aids, benefits, and services, 

to be equally effective, are not required to produce the identical result or 

level of achievement for handicapped and nonhandicapped persons, but must afford 

handicapped persons equal opportunity to obtain the same result, to gain the 

same benefit, or to reach the same level of achievement, in the most integrated 

setting appropriate to the person's needs.

                  (3) Despite the existence of separate or different aid, 

benefits, or services provided in accordance with this part, a recipient may not 

deny a qualified handicapped person the opportunity to participate in such aid, 

benefits, or services that are not separate or different.

                  (4) A recipient may not, directly or through contractual or 

other arrangements, utilize criteria or methods of administration (i) that have 

the effect of subjecting qualified handicapped persons to discrimination on the 

basis of handicap, (ii) that have the purpose or effect of defeating or 

substantially impairing accomplishment of the objectives of the recipient's 

program or activity with respect to handicapped persons, or (iii) that 

perpetuate the discrimination of another recipient if both recipients are 

subject to common administrative control or are agencies of the same State.

                  (5) In determining the site or location of a facility, an 

applicant for assistance or a recipient may not make selections (i) that have 

the effect of excluding handicapped persons from, denying them the benefits of, 

or otherwise subjecting them to discrimination under any program or activity 

that receives Federal financial assistance or (ii) that have the purpose or 

effect of defeating or substantially impairing the accomplishment of the 

objectives of the program or activity with respect to handicapped persons.

                  (6) As used in this section, the aid, benefit, or service 

provided under a program or activity receiving Federal financial assistance 

includes any aid, benefit, or service provided in or through a facility that has 

been constructed, expanded, altered, leased or rented, or otherwise acquired, in 

whole or in part, with Federal financial assistance.

                  (c) Aid, benefits or services limited by Federal law.  The 

exclusion of nonhandicapped persons from aid, benefits, or services limited by 

Federal statute or executive order to handicapped persons or the exclusion of a 

specific class of handicapped persons from aid, benefits, or services limited by 

Federal statute or executive order to a different class of handicapped persons 

  ----- 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.

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    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