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

Thu Sep 2 21:36:38 UTC 2010

If the services were being properly administered and the agency managed in a
responsible and legal manner, no alteration whatsoever would take place by
releasing the documents requested by Joe.  In fact, those same items should
have been available at the Board meeting in several alternative formats, for
attendees to take.  Members of the Board should have had all of these
documents in the packets that they received prior to the meeting.  

-----Original Message-----
From: nfbmi-talk-bounces at nfbnet.org [mailto:nfbmi-talk-bounces at nfbnet.org]
On Behalf Of joe harcz Comcast
Sent: Thursday, September 02, 2010 12:58 PM
To: nfbmi-talk at nfbnet.org
Subject: [nfbmi-talk] Fw: official request for information and accommodation

----- 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

_______________________________________________
nfbmi-talk mailing list
nfbmi-talk at nfbnet.org
http://www.nfbnet.org/mailman/listinfo/nfbmi-talk_nfbnet.org
To unsubscribe, change your list options or get your account info for
nfbmi-talk:
http://www.nfbnet.org/mailman/options/nfbmi-talk_nfbnet.org/christine_boone%
40comcast.net