[nfbmi-talk] Fw: FOIA's Requesting Personnel Records of Mel Farmer and Pat Cannon

Mon Apr 18 15:32:04 UTC 2011

Hi Joe,

What is going to happen with these violations?  Can something be done?  What
is the remedy?  Who enforces these things? Do you need an addition on your
house for this stuff?  (smile)

For my part, I want to push for action to correct these violations.  

Warmest 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: Monday, April 18, 2011 10:31 AM
To: nfbmi-talk at nfbnet.org
Subject: [nfbmi-talk] Fw: FOIA's Requesting Personnel Records of Mel Farmer
and Pat Cannon

This is agroos and severe violation of the ADA and admitted one too, as an
agency cannot require a surcharge for making information accessible. I
wonder how Mr. Farmer was advised by our State ADA coordinator on this one?

Joe
----- Original Message ----- 
From: Farmer, Mel (DELEG) 
To: 'joe harcz Comcast' 
Sent: Monday, April 18, 2011 9:20 AM
Subject: RE: FOIA's Requesting Personnel Records of Mel Farmer and Pat
Cannon

The difference in processing costs is because your March 27, 2011 request
for a copy of the records in Mr. Patrick Cannon's personnel file includes
the estimated labor and duplication costs for searching for, examining the
records to separate/redact exempt from nonexempt information, and additional
labor costs for processing each hard-copy page (about 500 pages) into the
accessible format you requested. 

Your April 5, 2011 request for Melvin Farmer's personnel file records
includes the processing costs of the estimated labor and duplicating costs
searching for, examining to separate/redact exempt from nonexempt records
from about 520 hard-copy pages in Mr. Farmer's file. As there was no request
in your April 5, 2011 request that these hard-copy pages be put into an
accessible format, there are no additional labor processing costs involved. 

----------------------------------------------------------------------------
----

From: joe harcz Comcast [mailto:joeharcz at comcast.net] 
Sent: Friday, April 15, 2011 6:52 PM
To: Farmer, Mel (DELEG)
Subject: Re: FOIA's Requesting Personnel Records of Mel Farmer and Pat
Cannon

Dear Mr. Farmer,

A simple question here: Why in the world een if these costs are legitimate
would Patrick D. Cannon's file cost almost twice as much as your file?

Oh, yes and why aren't his evaluations routinely made public on the State of
Michigan web site as the vote on them is indeed made public without the
details?

This is all kind of silly isn't it?

Sincerely,

Joe Harcz

  ----- Original Message ----- 

  From: Farmer, Mel (DELEG) 

  To: 'joe harcz Comcast' 

  Sent: Friday, April 15, 2011 10:11 AM

  Subject: FW: FOIA's Requesting Personnel Records of Mel Farmer and Pat
Cannon

  April 15, 2011
Sent by U.S. Mail and e-mail

(joeharcz at comcast.net)

  Mr. Paul Joseph Harcz

  1365 Mt. Morris Rd.

  Mt. Morris, MI 48458

  RE: Freedom of Information Act Requests- Personnel Records

  Dear Mr. Harcz:

  This notice is in response to your March 27, 2011, March 31, 2011 and
April 5, 2011 emails (attached) requesting copies of public records under
the state's Freedom of Information Act (FOIA), MCL 15.231 et seq., you
describe as the personnel files of Melvin Farmer, Jr., Patrick D. Cannon,
and Ms. Jo Anne Pilarski in her capacity as a Michigan Commissioner for the
Blind MCB) for the last decade. It is noted in your April 5, 2011 email that
you no longer request the personnel file of Ms. Jo Anne Pilarski.

  Please be informed that, pursuant to MCL 15.235, Section 5(2)(c) of the
FOIA, your request has been partially granted and partially denied as
indicated in the following notifications regarding your FOIA requests for
copies of the personnel files and salary information for Melvin Farmer, Jr
and Patrick D. Cannon:

  --April 12, 2011 email from me to you granting your April 5, 2011 FOIA
request for Melvin

    Farmer, Jr's personnel file records and salary information upon payment
of $287.74 

    estimated processing cost.

  --April 14, 2011 email from me to you granting your March 27, 2011 FOIA
request that 

    included the request for  records/information related to Patrick D.
Cannon's personnel

    file records and salary information upon payment of $460.25 estimated
processing 

    costs. NOTE: Other portions of your March 27, 2011 request have been
addressed by

    the April 14, 2011 response letter from the MCB.

  Copies of my April 12, 2011, April 14, 2011, as well as, MCB's April 14,
2011 response notices will be attached to the mailed version of this
response.

  Sincerely,

  Melvin Farmer, Jr

  Central FOIA Coordinator

  (517)373-0194

  Attachments

----------------------------------------------------------------------------
--

  From: joe harcz Comcast [mailto:joeharcz at comcast.net] 
  Sent: Tuesday, April 05, 2011 9:18 AM
  To: Farmer, Mel (DELEG)
  Subject: Re: foia canon stuff and more

  Mr. Farmer,

  Say what about those draft meeting minutes of the last MCB meeting ? In
your failure to remit them  them to this very date (April 5, 2011) is a
violation of the OMA, the FOIA, the Americans with disabilities Act of 1990,
the Rehabilitation Act of 1973 (both Title I and Section 504) (and the very
act that funds and creates MCB to begin with, by the way). But, here you all
have hit the big bonanza in violating two state laws and two federal laws at
the same time.

  And not that you can copy and paste very well, but again I do not wish for
Ms. Pilarski's personnel file as she does not work for the state of
Michigan, but rather is the Chair of the Michigan Commission for the Blind.

  If I wish for her personnel file I'll write to the School District which
employs her. (Oh, in that regard wouldn't Bradlee v. Saranac Community
Schools be most apt?)

  But, again to reiterate I wish for your personnel file Mr. Melvin Farmer.

  And while I'm at it I'm requesting here and now to know your salary and
other annual compensation.

  Sincerely,

  Paul Joseph Harcz, Jr.

------------------------------------------------------------------------

        From: joe harcz Comcast [mailto:joeharcz at comcast.net] 
        Sent: Thursday, March 31, 2011 9:12 PM
        To: Farmer, Mel (DELEG)
        Subject: Re: foia canon stuff and more

        Dear Mr. Farmer,

        Again I am now requesting your personnel file along with that of Mr.
Patrick D.Cannon and now that of Ms. Jo Anne Pilarski in her official
capacity of the Michigan Commission for the Blind for the last decade and
might I cite the following case: 

          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.

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