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

Fri Apr 15 15:24:37 UTC 2011

Yes, this is what I meant and this is a gross violation at the first 
instance, in demonstrated formof multiple ADA acts of discrimination.

Yes, this is what I meant and this is always what I've meant from the get go 
Fred.

AThis agency needs to be sued on multiple accounts from beginning to end for 
its pernatious ADA violations alone.

Sorry for my angst as it is not aimed at you or anyonanyone on this list, 
but the thing is most clear. Even in retrospect the last meeting of MCB was 
not accessible by any measure and nor have been others for that matter.

I'm still going through this mostly inaudible recording, but it is in a 
word: "garbage".

My local school district has much higher and most accessible standards 
demonstrated in fact and deed. Why do we accept a lesser standard and not 
the maximum stard for inclusion and accessiblity of the very agancy serving 
the blind?

I'm having a very hard time not wearing and being profane. Please bare with 
me here. I'm trying to be "nice". But, mass and pernisiotioues 
discrimination is just plain not nice.

Whew, I didn't swear. I'm kind of proud of myself for that.

Peace,

Joe
----- Original Message ----- 
From: "Fred wurtzel" <f.wurtzel at comcast.net>
To: "'NFB of Michigan Internet Mailing List'" <nfbmi-talk at nfbnet.org>
Sent: Friday, April 15, 2011 10:59 AM
Subject: Re: [nfbmi-talk] click on last meeting link and then tell me if 
itis accessible

> 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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