[nfbmi-talk] Fw: FOIA Response on Recordings for the BEP EOC Business Meeting of 5-1-11

Fri May 13 18:18:02 UTC 2011

----- Original Message ----- 
From: "Haynes, Carla (DELEG)" <haynesc at michigan.gov>
To: "joe harcz Comcast" <joeharcz at comcast.net>
Cc: "Farmer, Mel (DELEG)" <farmerm at michigan.gov>; "Cannon, Patrick (DELEG)" 
<cannonp at michigan.gov>; "Luzenski, Sue (DELEG)" <LuzenskiS at michigan.gov>; 
"Turney, Susan (DELEG)" <turneys at michigan.gov>; "Zanger, Connie (DELEG)" 
<zangerc at michigan.gov>; "Hull, James (DELEG)" <hullj at michigan.gov>; "Duell, 
Elsie (DELEG)" <DuellE at michigan.gov>
Sent: Friday, May 13, 2011 1:54 PM
Subject: FOIA Response on Recordings for the BEP EOC Business Meeting of 
5-1-11

May 13, 2011 (Sent via Email and the US Mail on this date)

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 May 6, 2011, (Email) request for 
information under the Freedom of Information Act (FOIA), MCL 15.231 et seq, 
received by this office on 5-9-2011.

You have requested information that you describe as in the attached email.

Your request is granted in part and denied in part.  Your request is granted 
as to existing, non-exempt records in the possession of this department.  To 
the best of the department's knowledge, information and belief, there were 
three separate sets of recordings.   One set will be sent to you on CD via 
the US Mail and the other set I will email to you.

However, as regards to the third set of recordings, your request is denied 
pursuant to MCL 15.235, Section 5(4)(b) of the FOIA.  Based on information 
received May 10, 2011, from the BEP Elected Operators Committee secretary, 
the third set of recordings do not exist in the Department/MCB. The 
recording equipment used by the secretary had technical problems that 
prevented her from recording anything from the meeting except for the very 
beginning prior to attendance being taken.  Thinking it to be of no 
significance, the secretary unintentionally deleted even this small portion 
of the recording of the May 1, 2011, business meeting of the Elected 
Operator's Committee meeting.

Letter - P. J. Harcz, Jr.
May 13, 2011
Page 2 of 3

The cost of providing you this information is under $25.00 and the fee will 
be waived in this case but this waiver does not preclude the department from 
charging processing costs for future request(s) from you or any other 
requestors.

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 & Regulatory Affairs, Attention: Mike 
Zimmer, Chief Deputy, Ottawa Building, 4th Floor, P.O. Box 30004, Lansing, 
Michigan 48909.  Your appeal must include the word "appeal" and state the 
reason or reasons for reversal of the denial(s).  You may also seek judicial 
review in circuit court within 180 days after the Department's notice of 
final determination.  If you prevail in such action, the court shall award 
reasonable attorney fees, costs, and disbursements.  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.

Sincerely,

Carla Miller Haynes, FOIA Coordinator
Michigan Commission for the Blind

/cmh

Attachments - Email Request and 3 recordings via Email
Enclosure - 1 CD via US Mail

Letter - P.J. Harcz, Jr.
May 13, 2011
Page 3 of 3

cc: Patrick Cannon
Susan Turney
Melvin Farmer
Constance Zanger
James Hull
Elsie Duell

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
-----Original Message-----
From: joe harcz Comcast [mailto:joeharcz at comcast.net]
Sent: Friday, May 06, 2011 1:10 PM
To: Haynes, Carla (DELEG)
Cc: nfbmi-talk at nfbnet.org
Subject: Fw: [nfbmi-talk] Resubmitting FOIA Request

Dear Ms. Haynes,

I reiterate Mr. sontag's request here except to say I do not invoke the
FOIA, but rather I invoke the Americans with Disabilities Act of 1990, Title
II, subpart E, and the Auxiliary Aids and Services provisions of Section 504
of the Rehabilitation Act of 1973.. Note, a failure to respond is a civil
rights violation in and of itself and a failure of timely response violates
Tyler v. Manhatten, just to name one case law consideration of this matter.

Regardless Cannon recorded this last meeting. His recordings are and should
be made available under the FOIA, the ADA, and 504 just to name a few laws.

Now, Cannon is famous for claiming access and for fighting for disability
rights.

Don't we all think it is time for this son of a gun to deliver on both
accounts?

Sincerely,

Joe Harcz

----- Original Message ----- 
From: "Joe Sontag" <suncat0 at gmail.com>
To: <haynesc at michigan.gov>
Cc: "James Hull" <hullj at michigan.gov>; "Connie Zanger"
<ZangerC at michigan.gov>; "Patrick Cannon" <CannonP at michigan.gov>; "NFB of
Michigan List" <nfbmi-talk at nfbnet.org>; "NFB of Michigan Vendors List"
<vendorsmi at nfbnet.org>; <farmerm at michigan.gov>
Sent: Friday, May 06, 2011 12:50 PM
Subject: [nfbmi-talk] Resubmitting FOIA Request

> May 2, 2011
> Joseph Sontag
> 1204 Morris Avenue
> Lansing, Michigan 48917
> Phone:  (517) 323-8970
> E-mail:  suncat0 at gmail.com
> (Request made via e-mail)
> Carla Haynes, FOIA Coordinator, Michigan Commission for the Blind
> hanesc at michigan.gov
> Dear Ms. Haynes:
> I am writing you today to request, pursuant to the Michigan Freedom of
> Information
> Act, all audio recordings taken by MCB Director Patrick Cannon, all audio
> recordings
> taken by or on behalf of the Elected Operators'
> Committee and similar recordings made by any Business Enterprise Program
> staff of
> the May 1, 2011 business meeting of the Elected
> Operators' Committee as part of the BEP's 42nd annual training workshop.
> These may be conveyed to me digitally at the e-mail address above or by
> any other
> file sharing facility with which you and MCB are
> comfortable
> Sincerely,
> Joe Sontag
>
> _______________________________________________
> nfbmi-talk mailing list
> nfbmi-talk at nfbnet.org
> http://www.nfbnet.org/mailman/listinfo/nfbmi-talk_nfbnet.org
> To unsubscribe, change your list options or get your account info for
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