[nfbmi-talk] click on last meeting link and then tell me if it is accessible

Fred wurtzel f.wurtzel at comcast.net
Fri Apr 15 14:59:32 UTC 2011 

Hi Joe,

I checked out the second link in the letter to you to access the recording
of the Commission meeting.  The audio came up almost instantly.  The audio
is horrible and nearly indiscernable, at least for the first 3 or 4 minutes.
I did not explore further, it was too painful.

I wonder if this is considered acceptable by the Commission.

Let me know if this is what you meant.

Warm Regards,

Fred

-----Original Message-----
From: nfbmi-talk-bounces at nfbnet.org [mailto:nfbmi-talk-bounces at nfbnet.org]
On Behalf Of joe harcz Comcast
Sent: Friday, April 15, 2011 10:37 AM
To: nfbmi-talk at nfbnet.org
Subject: [nfbmi-talk] click on last meeting link and then tell me if it is
accessible

April 14, 2011 (Letter sent via Email and US Mail)

Mr. Paul Joseph Harcz, Jr.

joeharcz at comcast.net

1365 E. Mt. Morris Road

Mt, Morris, MI  48458

Dear Mr. Harcz, Jr.:

This notice is in response to your March 24, 2011, (Email) request for
information under the Freedom of Information Act (FOIA), MCL 15.231 et seq,
received by this office on 3-25-2011, and of which a 10 day extension was
taken on March 31, 2011.

You have requested information that you describe in the attached document.

Your request is granted in part and denied in part as to existing,
non-exempt information in possession of the department.  Due to the
different formats of the files you have requested, I have outlined below
which documents will be either sent to you via email, or sent in the US mail
or available on the Michigan Commission for the Blind's website at
www.michigan.gov/mcb.

-Recordings of the December 2010 and March, 2011 MCB meetings are granted:

          -December 2010 MCB Commission Meeting recording will be sent via
the US mail on a thumb drive

          -March, 2011 MCB Commission Meeting recordings which covered two
days are available at
http://mediasite.mihealth.org/mediasite/Viewer/?peid=c5e6a068ccf14962ba2990c
4262a11fe1d
for March 17, 2011 and
http://mediasite.mihealth.org/mediasite/Viewer/?peid=11b4adaf2bee4da9a678b41
41da9b1c61d
for March 18, 2011

Letter - Paul Joseph Harcz, Jr.

April 14, 2011

Page 2 of 3

-Complete internal operating budget including line item expenditures for
Fiscal year 2010 (including the missing last quarter) is granted and will be
sent under separate cover

-Complete internal operating budget through the first two quarters of this
fiscal year is granted and will be sent under separate cover once these are
completed

-Contract between the Michigan Commission for the Blind and the Clarion
Hotel in Kalamazoo for purposes of use as the interim MCBTC is granted and
is attached to the email

-Corrective action plan and final response to the RSA monitoring report -
the monitoring report is at the Michigan Commission for the Blind's website
at

www.michigan.gov/mcb,
the corrective action plan and final response to this report is not final
and is denied based on Michigan's FOIA Act 15.243, Section 13(1)m

-Draft minutes of the March 17 and 18, 2011, MCB meetings - attached to the
email and will be included on the thumb drive

We will waive the cost of this request but this does not preclude the agency
from charging processing costs for future request(s) from you or any other
requestor.

Under FOIA (MCL 15.240), you may submit a written appeal regarding the
denial portion of this FOIA request to Steven Hilfinger, Director, Michigan
Department of Energy, Labor & Economic Growth, Attention:  Mario Marrow,
Ottawa Building - Fourth Floor, P.O. Box 30004, Lansing, MI  48909.  Your
appeal must include the word "appeal" and identify the reason or reasons for
reversal of the denial.  You also may seek judicial review in circuit court
within 180 days after the final denial determination.  If you prevail in
this action, the court may award reasonable attorney fees, costs, and
disbursement.  If the court finds the department's action to be arbitrary
and capricious, the court shall award, in addition to any actual or
compensatory damages, punitive damages in the amount of $500.00.

Letter - P.J. Harcz, Jr.

April 14, 2010

Page 3 of 3

Sincerely,

Carla Miller Haynes, FOIA Coordinator

Michigan Commission for the Blind

/cmh

Attachment - FOIA Request of March 24, 2011

March 24, 2011

Paul Joseph Harcz, Jr.

1365 E. Mt. Morris Rd.

Mt. Morris, MI 48458

E-mail:
joeharcz at comcast.net

Re: Several ADA and FOIA requests for Information

Carla Haynes

Michigan Commission for the Blind

FOIA

(Via E-mail)

Patrick D. Cannon

Director, Michigan Commission for the Blind

(via E-mail)

Dear Ms. Haynes and Mr. Cannon,

I am writing today to ask for the following items under the Michigan Freedom
of Information act:

-the recordings of the December, 2010 and March, 2011 MCB meetings

-the complete internal operating budget including line item expenditures
Fiscal Year 2010 (including the missing last quarter)

-the complete internal operating budget through the first two quarters of
this fiscal year

-the contract between the Commission and the Clarion Hotel in Kalamazoo for
purposes of use as the interim MCB TC

The following items are requests for information under relevant provisions
of The Americans with Disabilities Act, and the Rehabilitation Act of 1973:

-the corrective action plan and final response to the RSA monitoring report
which, as it was discussed at the last MCB meeting and was claimed to have
been sent to Commissioners should have been made a part of my ADA
accommodation package prior to the meetings of March 17 and 18, 2011 and
constitute a violation of the ADA in the omission of same

-the draft minutes of the March 17 and 18, 2011 MCB meetings

Of course, as a person who is blind I am requesting all of the above
information and any correspondences to this request in accessible format and
a timely manner. I invoked the ADA, Title II, subpart e, communications in
this regard. Aside from the recordings which can be sent as in the past on a
flash card as mp3 files via U.S. mail I request that all other information
is sent to me as either Word, or plain text file attachments, or enclosures
to my E-mail address.

I thank you in advance for your prompt response.

Sincerely,

Paul Joseph Harcz, Jr.

Cc: MCB Commissioners

Cc: NFB, MI and MCBVI

Cc: Civil Rights Division, Disability Rights Section, USDOJ

cc: RSA

Carla Miller Haynes

DELEG Michigan Commission for the Blind

201 N. Washington Sq., 2nd Floor

P.O. Box 30652

Lansing, MI  48909

Phone:  517/373-2063

FAX: 517/335-5140

www.michigan.gov/mcb

From: joe harcz Comcast [mailto:joeharcz at comcast.net]
Sent: Thursday, March 24, 2011 9:02 AM
To: Haynes, Carla (DELEG)
Cc: Cannon, Patrick (DELEG); Craig.McManus at ed.gov; Jo Anne Pilarski MCB,
Chair; Larry Posont; John Scott MCB, Commissioner; lydia schuck;
nfbmi-talk at nfbnet.org; Joe Sibley MCBVI Pres.
Subject: mcb foia ada and 504 request

March 24, 2011

Paul Joseph Harcz, Jr.

1365 E. Mt. Morris Rd.

Mt. Morris, MI 48458

E-mail:
joeharcz at comcast.net

Re: Several ADA and FOIA requests for Information

Carla Haynes

Michigan Commission for the Blind

FOIA

(Via E-mail)

Patrick D. Cannon

Director, Michigan Commission for the Blind

(via E-mail)

Dear Ms. Haynes and Mr. Cannon,

I am writing today to ask for the following items under the Michigan Freedom
of Information act:

-the recordings of the December, 2010 and March, 2011 MCB meetings

-the complete internal operating budget including line item expenditures
Fiscal Year 2010 (including the missing last quarter)

-the complete internal operating budget through the first two quarters of
this fiscal year

-the contract between the Commission and the Clarion Hotel in Kalamazoo for
purposes of use as the interim MCB TC

The following items are requests for information under relevant provisions
of The Americans with Disabilities Act, and the Rehabilitation Act of 1973:

-the corrective action plan and final response to the RSA monitoring report
which, as it was discussed at the last MCB meeting and was claimed to have
been sent to Commissioners should have been made a part of my ADA
accommodation package prior to the meetings of March 17 and 18, 2011 and
constitute a violation of the ADA in the omission of same

-the draft minutes of the March 17 and 18, 2011 MCB meetings

Of course, as a person who is blind I am requesting all of the above
information and any correspondences to this request in accessible format and
a timely manner. I invoked the ADA, Title II, subpart e, communications in
this regard. Aside from the recordings which can be sent as in the past on a
flash card as mp3 files via U.S. mail I request that all other information
is sent to me as either Word, or plain text file attachments, or enclosures
to my E-mail address.

I thank you in advance for your prompt response.

Sincerely,

Paul Joseph Harcz, Jr.

Cc: MCB Commissioners

Cc: NFB, MI and MCBVI

Cc: Civil Rights Division, Disability Rights Section, USDOJ

cc: RSA

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