[nfbmi-talk] Fw: FW:Response to: foia Canon stuff and more

Scott Ford scotte.ford at gmail.com
Sun Apr 17 03:28:06 UTC 2011


Thanks Joe for filling me in.  I will be following.  Have a great night.
Sincerely,
Scott


-----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 11:56 AM
To: NFB of Michigan Internet Mailing List
Subject: Re: [nfbmi-talk] Fw: FW:Response to: foia Canon stuff and more

Hi Scott,

I agree with you in principle if not within practice for I'm afraid that 
things are, no fault to you, of course taken a bit out of context.

The bottom line is this: MCB as are all entities of State and local 
government required to be proactivite under Title II of the ADA in regards 
to basic public documents. Yet, MCB in this and tthese regards has been, in 
documented fasion exacly the opposite,

I'm sorry that you have come across the scene in the middle of these 
disputes. Of course, this is not, again your fault at all. Simpley it is 
not.

But with enough said on this issue simply look at the accessible and timely 
access to draft minutes alone over time and the intrinsic violations of the 
ADA, 504, FOIA and OMA on that issue alone. It is again in a word, "nuts".

And this goevernmental entity is not immune to the applicble standards of 
such laws as any other entity. By the way I and others are still awaiting 
legally requested information relative to the operating budget and the 
obfiscations are clearly deliniated herein.

What kind of monstrous fraud is perpertrated upupon the State's taxpayers 
when expenditures and so forth are not made readily available to the public 
in any format and even after continued requests?

Oh, bmy Scott as stated before and in the public I get more complience from 
my local school board, or even from other agencies of Michigan State 
government in these regards than from the Michigan Commission for the Blind.

And heads should rightfully roll over this crap. They should for any agency 
let alone the lead agency of and for the blind for crying out loud.

Peace,

Joe
----- Original Message ----- 
From: "Scott Ford" <scotte.ford at gmail.com>
To: "NFB of Michigan Internet Mailing List" <nfbmi-talk at nfbnet.org>
Sent: Friday, April 15, 2011 11:39 AM
Subject: Re: [nfbmi-talk] Fw: FW:Response to: foia Canon stuff and more


> Hi Joe,
> I avoided the darts, actually I take no offense.  I certainly see what you

> are saying and frankly agree that an agency that is sole purpose is to 
> provide rehabilitation services for blind and people with visual 
> impairments ultimately  developing tax paying citizens, should be leading 
> the way when it comes to accessibility.  I too have attempted to listen in

> on a MCB board meeting and frankly it was quite upsetting and comical at 
> the same time. While I understand the point that you are making  the 
> freedom to (FOIA) documents.  I feel that a realistic check must be in 
> place so that frivolous requests can be weeded out, because the truth is 
> that this does take someone away from doing their regular duties.  Frankly

> if a policy were implemented that these records are publicly accessible 
> this would be a moot point.  I also feel that several of the outlined 
> costs seemed a bit excessive.  I so pose  what I am trying to say is that 
> I feel that some kind of a charge is reasonable when the material must be 
> researched and reproduced. .  I guess an example that I would point out 
> would be when I request certain contracts that I do for the government I 
> am required to provide compensation for contract reproduction costs, I do 
> admit more and more of the necessary information is becoming available via

> the web.  This reduces the cost per contract or case, however I am still 
> having to pay for the annual site charges to gain access to the 
> information, sometimes these cost can be as much as a 800-1200per month 
> this is no small charge.
> I do not want to clutter the list so I am happy to take this topic off 
> list Joe if you would like to continue.  Have a wonderful day everyone.
> Sincerely,
> Scott  On Apr 15, 2011, at 8:43 AM, joe harcz Comcast wrote:
>
>> Hi Scott,
>>
>> You know now I've calmed down a little and I hope you know I wasn't 
>> aiming any darts at you personally for your Ernest question, for, indeed 
>> I was not.
>>
>> Note I sent this and other abuses of the law to Michigan Protection and 
>> Advocy here which has numerous thins of this sort. Note they have 
>> recently sued the Detroit Public Schools for hiding information, but 
>> don't take this on?
>>
>> Hmmm... Something is strange in justice land isn't it?
>>
>> And NFB nationally has fought some valiant affairs and suits over access 
>> to information from kiosks to universities to state web sites.
>>
>> I sure wish both or any organization would do the same here.
>>
>> Whi in the world are we the blind to pay for information made routinely 
>> available to the general public?
>>
>> But, of course I'm publicly pulling the pants down of these clowns in 
>> Michigan and for a purpose too. For if the "Emperor" is shown to be naked

>> then soon the emperor will be forced, in a democracy and a just system to

>> have to leave the scene.
>>
>> Peace with Justice,
>>
>> Joe
>>
>>
>> ----- Original Message ----- From: "Scott Ford" <scotte.ford at gmail.com>
>> To: "NFB of Michigan Internet Mailing List" <nfbmi-talk at nfbnet.org>
>> Sent: Thursday, April 14, 2011 9:44 PM
>> Subject: Re: [nfbmi-talk] Fw: FW:Response to: foia Canon stuff and more
>>
>>
>>> Hi Joe,
>>> Does this mean that you send them the funds to complete the work? 
>>> Another words are you going to call their hand in this matter?
>>> Sincerely,
>>> Scott
>>>
>>> On Apr 14, 2011, at 8:28 PM, joe harcz Comcast wrote:
>>>
>>>>
>>>> ----- Original Message ----- From: Farmer, Mel (DELEG)
>>>> To: 'joe harcz Comcast'
>>>> Sent: Thursday, April 14, 2011 4:18 PM
>>>> Subject: FW:Response to: foia Canon stuff and more
>>>>
>>>>
>>>> Mr. Harcz, attached is the Department's response to your March 27, 2011

>>>> emailed FOIA request, received March 28, 2011.
>>>>
>>>> This response has also been mailed to you.
>>>>
>>>>
>>>>
----------------------------------------------------------------------------
----
>>>>
>>>> From: joe harcz Comcast [mailto:joeharcz at comcast.net]
>>>> Sent: Sunday, March 27, 2011 11:59 PM
>>>> To: Haynes, Carla (DELEG)
>>>> Cc: Jo Anne Pilarski MCB, Chair; Larry Posont; lydia schuck; John Scott

>>>> MCB, Commissioner; Joe Sibley MCBVI Pres.; John L Wodatch USDOJ; 
>>>> Cannon, Patrick (DELEG); mcb2020-L at LISTSERV.MICHIGAN.GOV; TOM MASSEAU 
>>>> MPAS
>>>> Subject: foia canon stuff and more
>>>>
>>>>
>>>>
>>>> FOIA Canon Information FOIA
>>>>
>>>>
>>>>
>>>> March 27, 2011
>>>>
>>>> Paul Joseph Harcz, Jr.
>>>>
>>>> 1365 E. Mt. Morris Rd.
>>>>
>>>> Mt. Morris, MI 48458
>>>>
>>>>
>>>>
>>>> Carla Haynes, Michigan commission for the Blind
>>>>
>>>> FOIA
>>>>
>>>> (via E-mail)
>>>>
>>>>
>>>>
>>>> Dear Ms. Haynes,
>>>>
>>>>
>>>>
>>>> I am writing you today to request via and pursuant to the rights and 
>>>> obligations of the Michigan Freedom of information Act and concurrent 
>>>> obligations under the Americans with disabilities Act and the 
>>>> rehabilitation act of 1973 the complete personnel file of Mr. Patrick 
>>>> D. Cannon, Director of the Michigan commission for the Blind(except for

>>>> legally redacted information materials like social Security Number for 
>>>> example) , along with all salary and compensation for all State of 
>>>> Michigan activities and purposes of employment therein since he assumed

>>>> office or directorship of MCB and any other State of Michigan 
>>>> employment considerations including his role as State of Michigan 
>>>> Americans with Disabilities act coordinator.
>>>>
>>>>
>>>>
>>>> I am requesting specifically and at a minimum the following 
>>>> information:
>>>>
>>>> -academic credentials
>>>>
>>>> -pay and other compensation schedules over years
>>>>
>>>> -any and all evaluations including those by the Michigan Commission for

>>>> the Blind (board)
>>>>
>>>> -all closed session minutes and records of the above listed item (re: 
>>>> bradlee v. Saranac Community Schools)
>>>>
>>>> -all disciplinary records
>>>>
>>>> (Again ref Bradlee and subsequent case law)
>>>>
>>>> -all actions in courts of law, Civil Service Commission, or other 
>>>> administrative bodies, or quasi-judicial or judicial or judicial in 
>>>> nature in his personnel file
>>>>
>>>> Again this request includes all public domain, and all adjudications 
>>>> public or private against him in his official capacity in courts of law

>>>> or other quasi-legal or administrative jurisdictions
>>>>
>>>> -any criminal cases or legal considerations against him
>>>>
>>>> -any cases in which he testified or was subpoenaed or gave any legal 
>>>> and binding deposition under law in which perjury might be a 
>>>> consideration
>>>>
>>>> -any signed document to which he affixed his hand in official capacity 
>>>> related to the administration of federal funds and assurances with the 
>>>> United States Government relative to same in his official capacity 
>>>> including contracts, or contracts  per se between the state of Michigan

>>>> and the United States government including, but not exclusive of: the 
>>>> United States of America, Departments of Education, Dept. of Labor, 
>>>> Dept. of  Justice, or any other "third party pass through agreements" 
>>>> including all those of which Patrick D. Cannon affixed his hand 
>>>> regarding memorandums of understanding with various state of Michigan 
>>>> entities over his term as Director.
>>>>
>>>>
>>>>
>>>> In other words, lest this is an exercise in futility I wish for any 
>>>> document signed by Patrick D. Cannon in his official capacity as 
>>>> Director of Michigan Commission for the Blind since his sworn and most 
>>>> accomplished role as MCB Director.
>>>>
>>>>
>>>>
>>>> Moreover, I am now also officially requesting any documents by Ms. Jo 
>>>> Anne Pilarski, since she assumed the position of MCB commissioner and 
>>>> Chair of MCB, in her official capacity as same.
>>>>
>>>>
>>>>
>>>>
>>>>
>>>> /Again, I wish for each and every requested document in accessible 
>>>> format. Finally I, as a person who is documented  as  legally blind am 
>>>> requesting that any and all, except for purely redacted, exempt 
>>>> information under either the federal FOIA and the Michigan FOIA request

>>>> pursuant to concurrent obligations under the Americans with 
>>>> Disabilities Act (Title II, subpart e, effective communications) and 
>>>> the relevant portions of the Rehabilitation Act of 1973 ("auxiliary aid

>>>> and services"" request with no "surcharge"  for such accommodations 
>>>> that such remissions are made in a timely and accessible manner (re: 
>>>> Tyler v. Manhattan to name one case cite)).
>>>>
>>>>
>>>>
>>>> To wit: I ask for all the requested information within 30 days in the 
>>>> format most accessible to me without charge for the accommodation. That

>>>> format is to make the documents available to me as either Word or plain

>>>> text attachments, or enclosures to my E-mail address listed above.
>>>>
>>>>
>>>>
>>>> Reasonable redactions to the original request may be made as does the 
>>>> U.S. Dept. of Justice or other entities in these regards by simply xxxx

>>>> out the redacted information. In other words I don't wish for Patrick 
>>>> D. Canon's social security number for example. And it can and should be

>>>> easily redacted without making a federal or state case over other 
>>>> required information.
>>>>
>>>>
>>>>
>>>> Any stalling or other violations of this request over quibbles will be 
>>>> attended to with all legal vigor and with the full force of law.
>>>>
>>>>
>>>>
>>>> I thank you, as I have in the past for your, Carla Hayne's, prompt, 
>>>> courteous and accessible responses to such inquiries.
>>>>
>>>>
>>>>
>>>> Most sincerely,
>>>>
>>>>
>>>>
>>>> Paul Joseph Harcz, Jr.
>>>>
>>>> Cc: U.S DOJ
>>>>
>>>> Cc: Office for Civil Rights, Ed.
>>>>
>>>> Cc: NFB MI
>>>>
>>>> Cc: Advocates for the Blind
>>>>
>>>> Cc: MCBVI
>>>>
>>>> Cc: MCB Commissioners
>>>>
>>>> Cc: ACLU Michigan
>>>>
>>>> Cc: MPAS
>>>>
>>>> Cc: Great Lakes Techinical Assistence Center
>>>>
>>>> Cc: Governor Rick Snyder
>>>>
>>>> Cc: Michigan Attorney General
>>>>
>>>> Cc: Rheabiliation and Services Administration (RSA) (Craig McManus, MI 
>>>> Llaission, Lynnae Ruttledge RSA Commissioner)
>>>>
>>>> Cc: several media and legal contacts.
>>>>
>>>>
>>>>
>>>> P.S. It would be prudent to place upon the Michigan commission for the 
>>>> blind web site all requested information in a timely and accessible 
>>>> manner as a means of complying both with the letter and spiritt of this

>>>> request for information along with all of the years of State Plan and 
>>>> other required information to.
>>>>
>>>>
>>>> <DELEG FOIA RESPONSE - HARCZ REQUEST.doc><HARCZ  FOIA 
>>>> REQUEST.doc>_______________________________________________
>>>> nfbmi-talk mailing list
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>>>
>>>
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