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

Fred Wurtzel f.wurtzel at att.net
Sun May 15 02:51:45 UTC 2011


Hi,

If these were all pat recorded, it apparent he is looking for Larry to say
something.  Or else he is trying to intimidate larry.

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: Saturday, May 14, 2011 8:41 AM
To: NFB of Michigan Internet Mailing List
Subject: Re: [nfbmi-talk] Fw: FOIA Response on Recordings for the BEPEOC
Business Meeting of 5-1-11

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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