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

Sat May 14 12:40:37 UTC 2011

This is all I got so far Fred. Just passing it on in the interest of FOIA.

Supposedly I'll get more in the mail.

Best,

Joe
----- Original Message ----- 
From: "Fred wurtzel" <f.wurtzel at comcast.net>
To: "'NFB of Michigan Internet Mailing List'" <nfbmi-talk at nfbnet.org>
Sent: Friday, May 13, 2011 10:28 PM
Subject: Re: [nfbmi-talk] Fw: FOIA Response on Recordings for the BEPEOC 
Business Meeting of 5-1-11

> hello Joe,
>
> It appears to me that there is only about 3 or 4 minutes of recording, 
> here.
> It is only Larry's comments about the history of the retirement for BEP
> Operators and a couple of brief comments.  It is certainly not the entire
> Sunday morning meeting.  Is that what you asked for, or is there a mistake
> here?
>
> Warm 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: Friday, May 13, 2011 2:18 PM
> To: nfbmi-talk at nfbnet.org
> Subject: [nfbmi-talk] Fw: FOIA Response on Recordings for the BEP EOC
> Business Meeting of 5-1-11
>
>
> ----- 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
>>
>> _______________________________________________
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>
>
>
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