[nfbmi-talk] Fw: official request for information andaccommodation

[joe harcz Comcast]

And at the budget and cash match meeting,. That includes my request after 
the fact for each and everything that Cannon, the commissioners, and DELEG 
staff have. Again these documents are not their documents. They belong to we 
the people and that includes blind people.

Finally, I say this: "Show me the money!"

Joe
----- Original Message ----- 
From: "Christine Boone" <Christine_Boone at comcast.net>
To: "'NFB of Michigan Internet Mailing List'" <nfbmi-talk at nfbnet.org>
Sent: Thursday, September 02, 2010 5:36 PM
Subject: Re: [nfbmi-talk] Fw: official request for information 
andaccommodation


> 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
>
>
> _______________________________________________
> 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/joeharcz%40comcast.net