[nfbmi-talk] Fw: Response to FOIA Request of June 15, 2011

Tue Jun 28 20:40:54 UTC 2011

----- Original Message ----- 
From: joe harcz Comcast 
To: Jo Anne Pilarski MCB, Chair 
Cc: lydia Schuck MCB Commissioner ; John Scott MCB, Commissioner ; Larry Posont ; Joe Sibley 
Sent: Tuesday, June 28, 2011 4:05 PM
Subject: Fw: Response to FOIA Request of June 15, 2011

----- Original Message ----- 
From: joe harcz Comcast 
To: Haynes, Carla (DELEG) 
Sent: Tuesday, June 28, 2011 4:03 PM
Subject: Re: Response to FOIA Request of June 15, 2011

Carla this was a list of issues related to System Seven which everyone at the service delivery and design team said was forwarded by staff to Ms. Duell and Ms. Burdgick.

In fact these were problems associated with System Seven to be fixed and passed to Libera.

Again everyone on the service delivery and design team denoted this and they all heard my request of the list of "issues".

Hope this helps. It really isn't difficult. Not busting your chops by the way Carla.

Sincerely,

Joe
  ----- Original Message ----- 
  From: Haynes, Carla (DELEG) 
  To: joe harcz Comcast 
  Cc: Cannon, Patrick (DELEG) ; Luzenski, Sue (DELEG) ; Duell, Elsie (DELEG) 
  Sent: Tuesday, June 28, 2011 3:31 PM
  Subject: Response to FOIA Request of June 15, 2011

  June 28, 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 June 15, 2011 email request, received June 16, 2011, to the Michigan Department of Licensing and Regulatory Affairs (LARA), Michigan Commission for the Blind (MCB) for information in an accessible format pursuant to the American with Disabilities Act of 1990 and the Rehabilitation Act of 1973. You specifically request information/records you describe as "a list of issues"

  Please be informed that your request (attached) is being processed under the state's Freedom of Information Act (FOIA), MCL 15.231 et seq. Thusly, pursuant to MCL 15.233, Section 3(1) of the FOIA, the LARA/MCB must deny this request as the description of the public record(s) requested is not sufficient to enable the LARA/MCB to find them. 

  If you wish to submit another request that provides sufficient details and/or specifications regarding copies of the public records you want to acquire, we will process it accordingly.

  Under FOIA (MCL 15.240), you may submit a written appeal regarding the denial portion of this FOIA request to Steven H. Hilfinger, Director, Michigan Department of Licensing & Regulatory Affairs, Attention:  Mike Zimmer, Chief Deputy Director, 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 

  Letter - P.J. Harcz, Jr.

  June 28, 2011

  Page 2 of 2

  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.

  Sincerely,

  Carla Miller Haynes, FOIA Coordinator

  Michigan Commission for the Blind

  /cmh

  Attachment - Email Request of June 15, 2011

  cc:     Mel Farmer

            Patrick Cannon

            Elsie Duell

  From: joe harcz Comcast [mailto:joeharcz at comcast.net] 
  Sent: Wednesday, June 15, 2011 1:18 PM
  To: Duell, Elsie (DELEG)
  Cc: Cannon, Patrick (DELEG); Craig.McManus at ed.gov; Jo Anne Pilarski MCB, Chair; lydia schuck; John Scott MCB, Commissioner; Larry Posont; nfbmi-talk at nfbnet.org; Joe Sibley MCBVI Pres.
  Subject: system 7 info request

  June 15, 2011

  Paul Joseph Harcz, Jr.

  E-mail: joeharcz at comcast.net

  Re: information request System 7

  Elsie Duell, Michigan Commission for the blind

  (Via e-mail)

  Dear Ms. Duell,

  Yesterday I attended the MCB Service Delivery and Design team meeting via teleconference. I was distressed to hear that the problems with System 7continue. As you know this is critical for meeting obligations under the Rehabilitation Act of 1973, and our compliance with Rehabilitation Service Administration's data gathering requirements let alone the ability of MCB Counselors to effectively deliver and in a timely manner or appropriately account for services to MCB customers.

  This said I was informed that you've collected and have compiled a list of "issues". I am requesting this list now.

  Moreover, as a blind person I'm requesting this list in accessible format pursuant to the obligations under the Americans with Disabilities Act of 1990 (subparte e, communications) and Section 504 of the very Rehabilitation Act of 1973 which establishes the Michigan Commission for the Blind and funds it to begin with. Please remit in a timely manner this list as either a Word attachment, or plain text enclosure to my e-mail address listed above.

  I thank you in advance for your prompt and accessible response to this inquiry.

  Sincerely,

  Paul Joseph Harcz, Jr.

  Cc: Patrick D. Cannon, MCB Director

  Cc: MCB Commissioners

  Cc: Craig McManus, RSA MCB liaison

  Cc: NFB MI

  Cc: MCBVI

  Cc: Steven Arwood, LARA Deputy Director

  Cc: Jeanette Brown, Michigan Client Assistance Program

  Carla Miller Haynes

  DLARA 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