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

Sun May 15 16:10:10 UTC 2011

Hi Fred,

I just listened o the cd buch am unclear who recorded it. It appears however 
to be the business meeting.

It is a little hard to keep up with and it appears Larry's comments on the 
budget were truncated a bit in part II of this recording.

I'll let you all know if there is more in the promised e-mail with the 
second recording.

Sorry this is confusing. But, I've been a little tied up.

I wish I knew how to fw the recordings on cd, but I ffrankly don't know how 
to do that.

Joe
----- Original Message ----- 
From: "Fred Wurtzel" <f.wurtzel at att.net>
To: "'NFB of Michigan Internet Mailing List'" <nfbmi-talk at nfbnet.org>
Sent: Saturday, May 14, 2011 10:51 PM
Subject: Re: [nfbmi-talk] Fw: FOIA Response on Recordings forthe BEPEOC 
Business Meeting of 5-1-11

> 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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