[nfbmi-talk] Fw: foia related to cannon campaign activity

Tue Jul 5 19:23:23 UTC 2011

----- Original Message ----- 
From: joe harcz Comcast 
To: Farmer, Mel (LARA) 
Sent: Tuesday, July 05, 2011 3:20 PM
Subject: Re: foia related to cannon campaign activity

You see Mr. Farmer and all I sure don't wish that Mr. Patrick D. Cannon violated this:

Department of Labor & Economic Growth employees may not engage in partisan or political activities during working hours.  Political activities include, but are not limited to, political fund raising, training, campaigning, or influencing another person to contribute anything of value to or to vote for any candidate or issue.  Working hours include the employee's scheduled work hours and overtime.  Nonworking hours include annual leave, unpaid leave of absence, lost time, leave granted to the employee to become a full-time employee of an employee organization holding exclusive representation rights, pursuant to an approved collective bargaining agreement, and time other than working hours.  Department of Labor & Economic Growth employees should not distribute or post campaign literature during working hours.  Additionally, no Department of Labor & Economic Growth employee may threaten to deny promotions or any other opportunities to any other employee who does not vote for or contribute something of value to certain candidates or issues.

For purposes of this policy, employees released from their regular workplace for union or other employee organization activities, business, or any other purpose, under any leave arrangement, including "annual leave buy-back" provisions, shall be considered to be working.  If an employee is released by the Department of Labor & Economic Growth to take part in union activities deemed to be in the best interests of the State, those activities cannot include partisan political activities.

Department of Labor & Economic Growth employees, whose salaries are paid solely with nonfederal funds, and who do not have any job responsibilities related to federal activities or programs, may hold any local office within the hierarchy of a political party or run for a public office, whether that office is partisan or not, as long as it is done entirely during nonworking hours and it does not conflict with the schedule and performance of their jobs.  These employees may also hold an elective State office as long as an unpaid leave of absence from their jobs has been approved.

If a Department of Labor & Economic Growth employee's salary is paid from a program that is financed in whole or in part with federal funds or grants, the federal Hatch Act governs the employee's political activities.  In addition to the general restrictions on political activities, the Hatch Act prohibits employees from becoming candidates for a partisan elective office.  However, such employees may be candidates for public office in a nonpartisan election or may hold elective office in political clubs and organizations.  This must be done during nonworking hours and in a manner that does not interfere or conflict with their jobs.  If an employee, whose salary is paid with federal funds, wants to run for a partisan office, the employee must resign from his or her current position.

Procedure

If an employee, whose salary is not paid with federal funds, runs for a State office such as the Michigan Legislature, a state executive branch office, the Michigan Supreme Court, or Court of Appeals, the employee must request and shall be granted an unpaid leave of absence from his or her job.  The leave must start sixty (60) days before the election, or when the candidacy filing requirements are completed, whichever comes closest to the date of the primary or general election.  Forms for the leave of absence may be obtained from the Office of Human Resources.  A leave of absence is not required when seeking election to a local office, such as county commissioner.

If an employee, whose salary is paid with federal funds, or whose job responsibilities relate to federal activities or programs, decides to run for a partisan elective office, the employee must resign from State service based on the requirements of the Hatch Act.

Appropriate disciplinary action, up to and including termination, may be imposed for failure to comply with this policy.  Anyone having questions regarding this policy should contact the Office of Human Resources.

  ----- Original Message ----- 
  From: Farmer, Mel (LARA) 
  To: 'joe harcz Comcast' 
  Cc: Cannon, Patrick (DELEG) ; Arwood, Steve (LARA) ; Haynes, Carla (DELEG) ; 'sally.conway at usdoj.gov' ; 'Jo Ann Pilarski' ; Morrow, Mario (LARA) 
  Sent: Tuesday, July 05, 2011 3:03 PM
  Subject: FW: foia related to cannon campaign activity

  Mr. Joseph Harcz, this notice is in response to your July 5, 2011 email (attached) to my office requesting "any and all email correspondences" on Mr. Patrick Cannon's work computer related to the Verge Bernero Governor Campaign; and any correspondence from his wife, "Janelle" related to a campaign contribution.

  Please be informed that after a thorough search, to the best of the Michigan Department of Licensing and Regulatory Affairs, Michigan Commission for the Blind (LARA/MCB) knowledge, information, and belief, there are no records possessed by LARA/MCB responsive to your request. Thusly, as no such records exist in the LARA/MCB, your request is denied.

  As the LARA/MCB is processing this request under the state's Freedom of Information Act (FOIA), MCL 15.231 et seq., please be informed that under the FOIA (MCL 15.240) you may submit a written appeal regarding the denial of any portion of your FOIA request to Steven H. Hilfinger, Director, Michigan Department of Licensing and Regulatory Affairs, Attention: Mr. Mike Zimmer, Chief Deputy Director, Ottawa Building, 4th Floor, P.O. Box 30004, Lansing, Michigan 48909. Your appeal must include the word "appeal" and state the reason(s) for reversal of the denial(s). You may also seek judicial review in circuit court within 180 days after the Department's final determination. If you prevail in such action, the court shall award reasonable attorney fees. If the court finds the department's action(s) to be arbitrary and capricious, the court shall, in addition to any actual or compensatory damages, award punitive damages in the amount of $500.00.

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  From: joe harcz Comcast [mailto:joeharcz at comcast.net] 
  Sent: Tuesday, July 05, 2011 10:09 AM
  To: Farmer, Mel (LARA)
  Cc: Arwood, Steve (LARA); Jo Anne Pilarski MCB, Chair; lydia Schuck MCB Comm.; Larry Posont MCB Comm.; John Scott MCB Comm.
  Subject: foia related to cannon campaign activity

  FOIA on Cannon Relative to Bernero campaign

  July 5, 2011

  Paul Joseph Harcz, Jr.

  1365 E. Mt. Morris Rd.

  Mt. Morris, MI  48458

  E-mail:joeharcz at comcast.net

  Re: Patrick Cannon Campaign Activity Bernero Campaign

  Melvin Farmer

  Michigan Dept. Licensing and Regulatory Affairs (LARA)

  FOIA

  (Via: e-mail)

  Dear Mr. Farmer,

  I am writing today to request any and all e-mail correspondences on Patrick D. Cannon's (Director Michigan Commission for the Blind) work computer related to the Verge Bernero for Governor Campaign including any correspondences with his wife "Janelle" related to this campaign contribution from the Michigan Secretary of State, Bureau of Elections Campaign data base (copied and pasted for your convenience hereJ

  "VIRG BERNERO FOR MICHIGAN

  514609-GUB

  DIRECT

  JANELLE CANNON

  1769 PINE CREEK CIR

  RETIRED-RETIRED

  HASLETT

  MI 48840-0000

  10/18/10

  $500.00

  $500.00"

  Any correspondences on this matter must be made in accessible format under the ADA and Section 504 as I'm blind. All I request is that you respond via simple e-mail.

  Sincerely,

  Paul Joseph Harcz, Jr.

  Cc: Steven Arwood, Deputy Director, LARA

  Cc: MCB Board