[nfbmi-talk] Fw: mcb foia ada and 504 request

[joe harcz Comcast]

----- Original Message ----- 
From: joe harcz Comcast 
To: Farmer, Mel (DELEG) 
Sent: Thursday, March 31, 2011 4:53 PM
Subject: Re: mcb foia ada and 504 request


Sir,

You don't have an extension of anything under the Americans with Disabilities Act, or the Rehabilitation Act of 1973. Communications under Title II of the ADA alone must be timely (re: Tyler v. Manhatten), and ADA, Title II subpart e, regulations which I've sent you in full. As so I take this as deliberate indifference to known federal civil rights legislation.

And I take this response as informed as a direct violation of 42 USC 1983 as a "state actor" in these regards. In other words your abject and bucratic violations ammount to constitutional violations and civil rights violations and are actionable in and of themselves.

Please, save yourself and the taxpayers of the State of Michigan a lawsuit and just deliver the information in accordence with known State, Federal and other laws.

And by the way as denoted in prior posts federal law trumps your interpretation of state law especially when Constitutional issues and civil rights issues are considerred.

Moreover, I am adding a request now under the Michigan Freedom of Informatino Act and that is to have your, Melvin Farmer's complete personell file in accessible format (pursuent to obligations under Title II of the ADA and Section 504). forthwith.

(Of course on the FOIA issue I make note of Bradlee v. Saranac Community Schools too.)

I think the taxpayers of the State of Michigan would love to see how you as FOIA coordinator gets compensated and how you abuse your public trust in such manners as your responses like this one have made clear to all of us. And parenthetically, and as a most decidedly relevant aside how these "Soviet style" bureaucratic shenigans abuse the civil rights of this blind person and all people with disabilities from knowing about the basic functioning's of their state and federally funded governmental entities.

Sincerely,

Paul Joseph Harcz, Jr.
  ----- Original Message ----- 
  From: Farmer, Mel (DELEG) 
  To: 'joe harcz Comcast' 
  Cc: Haynes, Carla (DELEG) ; Cannon, Patrick (DELEG) 
  Sent: Thursday, March 31, 2011 3:48 PM
  Subject: RE: mcb foia ada and 504 request


  Mr. Paul Joseph Harcz, Jr.

  1365 E. Mt. Morris Rd.

  Mt. Morris, MI 48458

   

  RE: Freedom of Information Act Response Extension

   

  Dear Mr. Harcz:

   

  This notice is in response to your March 24, 2011 email requesting copies of nonexempt public records/information under the state's Freedom of Information Act, MCL 15.231 et seq., as described in the attached copy of your email.

   

  In order to determine the existence of any nonexempt records/information within the Department responsive to your request, a search must be performed. Pursuant to MCL 15.235, Section 5(2)(d) of the FOIA, it is necessary to extend the Department's response time through April 15, 2011, or sooner.

   

  Sincerely,

   

   

  Melvin Farmer, Jr.

  Central FOIA Coordinator

   

  Cc: Carla Haynes, Patrick Cannon

   


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

  From: joe harcz Comcast [mailto:joeharcz at comcast.net] 
  Sent: Thursday, March 24, 2011 9:02 AM
  To: Haynes, Carla (DELEG)
  Cc: Cannon, Patrick (DELEG); Craig.McManus at ed.gov; Jo Anne Pilarski MCB, Chair; Larry Posont; John Scott MCB, Commissioner; lydia schuck; nfbmi-talk at nfbnet.org; Joe Sibley MCBVI Pres.
  Subject: mcb foia ada and 504 request

   

   

   

  March 24, 2011

   

  Paul Joseph Harcz, Jr.

  1365 E. Mt. Morris Rd.

  Mt. Morris, MI 48458

   

  E-mail: joeharcz at comcast.net

   

  Re: Several ADA and FOIA requests for Information

   

   

  Carla Haynes

  Michigan Commission for the Blind

  FOIA

   

  (Via E-mail)

   

  Patrick D. Cannon

  Director, Michigan Commission for the Blind

  (via E-mail)

   

   

  Dear Ms. Haynes and Mr. Cannon,

   

  I am writing today to ask for the following items under the Michigan Freedom of Information act:

   

  -the recordings of the December, 2010 and March, 2011 MCB meetings

  -the complete internal operating budget including line item expenditures Fiscal Year 2010 (including the missing last quarter)

  -the complete internal operating budget through the first two quarters of this fiscal year

  -the contract between the Commission and the Clarion Hotel in Kalamazoo for purposes of use as the interim MCB TC 

   

  The following items are requests for information under relevant provisions of The Americans with Disabilities Act, and the Rehabilitation Act of 1973:

   

  -the corrective action plan and final response to the RSA monitoring report which, as it was discussed at the last MCB meeting and was claimed to have been sent to Commissioners should have been made a part of my ADA accommodation package prior to the meetings of March 17 and 18, 2011 and constitute a violation of the ADA in the omission of same

   

  -the draft minutes of the March 17 and 18, 2011 MCB meetings

   

  Of course, as a person who is blind I am requesting all of the above information and any correspondences to this request in accessible format and a timely manner. I invoked the ADA, Title II, subpart e, communications in this regard. Aside from the recordings which can be sent as in the past on a flash card as mp3 files via U.S. mail I request that all other information is sent to me as either Word, or plain text file attachments, or enclosures to my E-mail address.

   

  I thank you in advance for your prompt response.

   

  Sincerely,

   

  Paul Joseph Harcz, Jr.

   

  Cc: MCB Commissioners

  Cc: NFB, MI and MCBVI

  Cc: Civil Rights Division, Disability Rights Section, USDOJ

  cc: RSA