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

joe harcz Comcast joeharcz at comcast.net
Mon Apr 18 16:02:20 UTC 2011


I think the agency and affliated State Agencies need to be sued for chronic 
and pervaisive violations over time in Federal District Court.

Joe
----- Original Message ----- 
From: "Fred Wurtzel" <f.wurtzel at att.net>
To: "'NFB of Michigan Internet Mailing List'" <nfbmi-talk at nfbnet.org>
Sent: Monday, April 18, 2011 11:32 AM
Subject: Re: [nfbmi-talk] Fw: FOIA's Requesting Personnel Records of 
MelFarmer and Pat Cannon


> 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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