[nfbmi-talk] What is Going On???FW: Fw: FOIA Emails RE: J Harcz

Wed Oct 12 16:21:02 UTC 2011

Dear Fred and All,

Was there ever a written response to this? It is well stated as you most 
certainly always, or nearly always do.

I would certainly like the explanation and the response for the public 
record here however.

Sincerely,

Joe Harcz
----- Original Message ----- 
From: "Fred wurtzel" <f.wurtzel at comcast.net>
To: <arwoods at michigan.gov>; <pohla at michigan.gov>
Cc: <laschuck at juno.com>; "'Norm saari'" <saarin at michigan.gov>; "Jo Ann 
Pilarski" <pilarskij at charter.net>; <cannonp at michigan.gov>; "'NFB of Michigan 
Internet Mailing List'" <nfbmi-talk at nfbnet.org>; "JOHN SCOTT" 
<jcscot at sbcglobal.net>
Sent: Thursday, July 14, 2011 12:47 AM
Subject: [nfbmi-talk] What is Going On???FW: Fw: FOIA Emails RE: J Harcz

Dear Mr. Arwood:

I received the item below describing the recent video recording of the June
Commission meeting from the National Federation of the Blind listserve to
which I subscribe.  I cannot imagine what people are thinking to spend this
kind of money in these supposedly strapped times of state government.  What
in the world is going on?

First, this recording was made without the knowledge of meeting participants
who were blind, though many of my sighted friends were aware and simply
figured that we knew.  I was not alone in my ignorance of this assault on my
privacy.  I attended this meeting and did not know until the following
Monday that it was recorded on video.  Why was it recorded:?  Why was it so
important to spend this kind of money to make such a recording.  I am
dumbfounded that you and the other administrators of LARA would allow such a
frivilous and extravagant expenditure for such a small event.

It is understandable that you are annoyed at the state of things with regard
to citizen dissatisfaction with MCB.  Can you imagine why blind citizens are
outraged about the mismanagement of such an important agency.  How can it be
made any clearer: there is a 70% unemployment rate among blind people.   .
Shouldn't citizens(taxpayers) be outraged  when such offensive behavior as
recording people in a public meeting by the government without those
people's knowledge and then compounding it by spending more than $5,000 on
top of it? This is money meant to help blind people get jobs.  all this is
carried out by responsible authorities?  $5 thousand is about what it takes
to get a blind person a job at MCB.  Was that film worth a blind person's
job?  A job, a chance to be a first-class citizen, a contributing taxpayer,
a part of the fabric of our community.  What kind of priorities are these?

Mr. Arwood, I have heard that you are an experienced administrator.  Since
you are part of the Snyder administration, I would suppose you have some
general tendencies toward sensibility.  Despite all the clamor, it seems
that this Governor is doing a very good job navigating in very dangerous
waters with the difficulties presented by taxation, unions, declining
revenues, International bridges  and on and on.  Would the Governor think
this incident at MCB fits his vision of how state government should be run?
Taking advantage of blind people to basically spy on them and then spend
money appropriated to help them get jobs seems like a surrealistic
juxtaposition of events not up to the high expectations of this
administration.  I need to say it 1 more time: "use money to get jobs for
blind people to insult and intimidate them?" it's amazing!

I hope you reconsider your approach to MCB and begin to consider that people
like me with 3 decades of experience in government and an advanced degree in
administration are not out in left field.  After all, we are on the outside,
the problems are from the inside.  We did not illegally fire anyone.  We did
not mismanage the remodeling of the MCB Training Center.  We aren't the ones
who cannot fix the System 7 computer system after 10 years of effort and
Heavens knows how much money.  We aren't the ones underspending the budget
on services to unemployed blind people while using this same precious money
attacking those same people.  We are not the ones violating the
Rehabilitation Act.  We are not the ones scheduling meetings in inaccessible
facilities.  we are not the ones paying $5,000 to spy on and intimidate
blind Michigan citizens.  We are not the ones making these problems.

We believe in the Rehabilitation Act and Public Act 260 of 1978.  I believe
in the Governor's abilities and motives.  This problem did not arise on
Governor Snyder's watch, it was inherited.  The video recording did happen
on his watch.  I respectfully request an explanation, from you, of this
seemingly insane event.I certainly hope it was an aberration and does not
signal future attitudes and actions.

Sincerely,

Fred J. Wurtzel

-----Original Message-----
From: nfbmi-talk-bounces at nfbnet.org [mailto:nfbmi-talk-bounces at nfbnet.org]
On Behalf Of joe harcz Comcast
Sent: Wednesday, July 13, 2011 3:58 PM
To: nfbmi-talk at nfbnet.org
Subject: [nfbmi-talk] Fw: FOIA Emails RE: J Harcz

----- Original Message ----- 
From: Farmer, Mel (LARA)
To: 'joe harcz Comcast'
Cc: Arwood, Steve (LARA) ; Brown, Melanie (LARA) ; Morrow, Mario (LARA) ;
Cannon, Patrick (DELEG) ; Haynes, Carla (DELEG) ; 'sally.conway at usdoj.gov' ;
Przekop-Shaw, Susan (AG)
Sent: Wednesday, July 13, 2011 3:31 PM
Subject: FW: FOIA Emails RE: J Harcz

Mr. Joseph Harcz, this notice is in follow up to my July 8, 2011 email
response (enclosed) regarding your June 30, 2011 request for a copy of the
DVD of the  June 17, 2011 MCB general meeting in accessible format. As you
were previously informed, the Department does not have the in-house
capability to convert the DVD of this 6 1/2 hour meeting into the accessible
format you requested; and, thusly, the Department must contract a private-
sector vendor to perform this service. The vendor indicates that it does not
expect to have the DVD conversions completed until the end of this week, or
the first part of the week commencing Monday, July 18, 2011. Further, when
the vendor provides the Department the DVD, the Department will need 2-3
days to add the audio description portion to it.

Also, in follow up to the Department's July 6, 2011 response to your July 2,
2011 request for records you describe as ".a line item accounting of how
much this video recording cost the taxpayers or any records related to costs
such as inter agency transfers from the MCB/LARA or a third party vendor for
filming the event to begin with.", please be informed of the following:

--Filming Cost: At minimum, the wage/benefits of the Department's lowest
paid employee capable

 of recording the MCB meeting (General Office Assistant 5) at $25.10/hr X
6.5hrs = 163.15

--Private Sector Vendor Cost: The vendor informed the Department that its
actual charge is

  $3,750.00.

--Audio Description Cost: Estimated to take 2-3 days and cost about
$1,200.00.

--Postage: Estimated to cost about $6.00

The total estimated cost to film and convert this requested DVD into the
accessible format

requested is about $5,119.15.

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

From: Farmer, Mel (LARA)
Sent: Friday, July 08, 2011 1:21 PM
To: 'joe harcz Comcast'
Cc: Cannon, Patrick (DELEG); Haynes, Carla (DELEG); Arwood, Steve (LARA);
Brown, Melanie (LARA); Morrow, Mario (LARA); Jo Anne Pilarski MCB, Chair;
Luzenski, Sue (DELEG); Kline, Steve T (LARA)
Subject: RE: FOIA Emails RE: J Harcz

Mr. Harcz, the Department's/MCB email/letter of June 30, 2011 regarding your
request for a copy of the DVD of the June 17, 2011 MCB general meeting
indicated that the Department would respond by July 13, 2011 as additional
time was needed to make copies of the DVD in the accessible format you
requested and to determine any applicable costs not subject to federal
regulations to comply with your request.

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

From: joe harcz Comcast [mailto:joeharcz at comcast.net]
Sent: Friday, July 08, 2011 12:20 PM
To: Farmer, Mel (LARA)
Subject: Re: FOIA Emails RE: J Harcz

So Mr. Farmer,

When are you going to send me the requested video of the MCB meeting now
that you know once again this is an ADA, 504 and even title I issue of the
Rehabilitation Act?

Sincerely,

Paul Joseph Harcz, Jr.

  ----- Original Message ----- 

  From: Farmer, Mel (LARA)

  To: 'joe harcz Comcast'

  Cc: Cannon, Patrick (DELEG) ; Haynes, Carla (DELEG) ; Arwood, Steve (LARA)
; Brown, Melanie (LARA) ; Morrow, Mario (LARA) ; 'sally.conway at usdoj.gov' ;
'Jo Ann Pilarski'

  Sent: Wednesday, July 06, 2011 2:45 PM

  Subject: FW: FOIA Emails RE: J Harcz

  Mr. Joseph Harcz, this notice is in response to your July 2, 2011 emailed
request to the Michigan Department of Licensing and Regulatory Affairs
(LARA) for copies of nonexempt public information/records under the state's
Freedom of Information Act (FOIA), MCL 15.231 et seq., you describe as:

   1. ".related to the video recording of the June 17, 2011 Michigan
Commission for the Blind

           meeting."

  2. ".a line item accounting of how much this video recording cost the
taxpayer or any records

          related to costs such as inter agency transfers from the MCB/LARA
to DTMB or a third

          party vendor for filming the event to begin with."

   3. ".any memorandums discussing the requirements to caption and describe
this production of

           a Michigan Commission for the Blind public meeting."

  Please be informed that, pursuant to MCL 15.235, Section 5(2)(c) of the
FOIA, your request is partially granted and partially denied.

  As regards the granted portions of your request, enclosed, as part of this
response, are copies of records responsive to your request.

  As regards the denied portion of your request, the Department does not
possess a line item accounting of the cost, interagency transfers, or third
party vendor costs of the video recording of the June 17, 2011 MCB meeting.
Thusly, pursuant to MCL 15.235, Section 5(4)(b) of the FOIA, we must deny
this portion of your request; and certify that the public record requested
does not exist in this Department.

  Under MCL 15.240 of the FOIA, 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 and Regulatory Affairs,
Attention: Mike Zimmer, Chief Deputy Director, Ottawa Building, 4th Floor,
P.O. Box 30004, Lansing, Michigan 48909. Your written appeal must include
the word "appeal" and state the reason(s) for reversal of the denial(s). You
may also seek judicial review in circuit court within 180 days of the
Department's 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.

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

  From: Brown, Melanie (LARA)
  Sent: Wednesday, June 08, 2011 12:15 PM
  To: Morrow, Mario (LARA); Turney, Susan (DELEG)
  Cc: Edmonds, Keli (LARA); Cannon, Patrick (DELEG); Luzenski, Sue (DELEG);
Kline, Steve T (LARA)
  Subject: Re: DRAFT MCB Commission Board Meeting Advisory, for release
today or as soon as possible

  LARAs Division of Media and Technology is approved to tape.
  Thanks

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

  From: Morrow, Mario (LARA)
  To: Turney, Susan (DELEG)
  Cc: Edmonds, Keli (LARA); Brown, Melanie (LARA); Cannon, Patrick (DELEG);
Luzenski, Sue (DELEG)
  Sent: Wed Jun 08 11:42:54 2011
  Subject: Re: DRAFT MCB Commission Board Meeting Advisory, for release
today or as soon as possible

  DMT would like to tape these.

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

  From: Turney, Susan (DELEG)
  To: Morrow, Mario (LARA)
  Cc: Edmonds, Keli (LARA); Brown, Melanie (LARA); Cannon, Patrick (DELEG);
Luzenski, Sue (DELEG)
  Sent: Wed Jun 08 11:34:32 2011
  Subject: DRAFT MCB Commission Board Meeting Advisory, for release today or
as soon as possible

  Mario and Melanie, attached is the draft MCB June 17 Commission Board
meeting news advisory for your review.

  We would like this to go out to all media statewide (both print and
broadcast) today or as soon as possible.

  Keli, please let me know when this is released, and send me a copy of the
final release if there are any changes in the text.

  I'll be at the Braille and Talking Book Library conference at the state
library building most of the day today.  If you need to reach me, my
personal cell phone is 517-243-4691.

  Thank you.

  Susan Turney

  Communications & Outreach Coordinator, Michigan Commission for the Blind

  Michigan Department Licensing and Regulatory Affairs

  direct line:  517-241-8631; fax:  517-335-5140

  MCB toll-free: 1-800-292-4200

  201 N. Washington Square, Second Floor,

  P.O. Box 30652; Lansing, MI 48909

  www.michigan.gov/mcb

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

  From: Morrow, Mario (DELEG)
  Sent: Friday, June 10, 2011 11:54 AM
  To: Cannon, Patrick (DELEG)
  Cc: Pohl, Allan (DELEG); Brown, Melanie (LARA); Turney, Susan (DELEG);
Luzenski, Sue (DELEG); Duell, Elsie (DELEG)
  Subject: Re: Commission Recording

  Consider the cost of production a gift to you and your clients. However,
client request for copies is another issue. We will work it out. please do
not worry or lose sleep over this. It is all taken care of.

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

  From: Cannon, Patrick (DELEG)
  To: Morrow, Mario (LARA)
  Cc: Pohl, Allan (DELEG); Brown, Melanie (LARA); Turney, Susan (DELEG);
Luzenski, Sue (DELEG); Duell, Elsie (DELEG)
  Sent: Fri Jun 10 11:40:57 2011
  Subject: RE: Commission Recording

  Thanks, Mario, for the update.

  BTW, what about the cost of the video recording.  Is this something your
office and/or LARA is otherwise absorbing?  I ask now, Mario, specifically
because Al Pohl has advised us that MCB is under a "HARD FREEZE" on our
spending and hiring, meaning that we cannot spend any amount of money on
anything not considered to be an expenditure essential to service delivery.

  Please provide us with reassurance that we will not be charged for this
service.

  Best always,

  Pat

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

  From: Morrow, Mario (LARA)
  Sent: Friday, June 10, 2011 6:36 AM
  To: Cannon, Patrick (DELEG)
  Cc: Turney, Susan (DELEG); Brown, Melanie (LARA); Arwood, Steve (LARA);
Kline, Steve T (LARA)
  Subject: Commission Recording

  Pat -

  I am so pleased that DMT is finally able to record the commission
meetings. This is long overdue. Just as an FYI, there is no need to
pre-announce our tapings. You or the chair can certainly make note of it at
the beginning of the meeting. We are doing this as a service to our clients.
I will provide more information as to how to obtain copies next week.

  Have a great weekend.

  Mario

  Mario L. Morrow

  Director of Communications

  Department of Licensing and Regulatory Affairs

  Ottawa Office Building

  611 West Ottawa Street

  4th Floor

  Lansing, Michigan 48933

  Phone: (517) 373-9280

  Fax:       (517) 241-1580

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

  From: Cannon, Patrick (DELEG)
  Sent: Tuesday, June 28, 2011 8:25 AM
  To: Morrow, Mario (LARA)
  Cc: Brown, Melanie (LARA); Turney, Susan (DELEG); Luzenski, Sue (DELEG);
Kline, Susan
  Subject: Requirements for Captioning and Audio Description of Video
Productions

  Hello Mario,

  Something to consider regarding video productions by LARA is the
accessibility requirements of the ADA and the Administrative Guide to State
Government (which is inserted below and attached), specifically the
requirements to provide captioning and audio description.  The applicable
language of the state guidance is:

  "Video or Other Media Production:

  Video or other media production produced or distributed by Departments
will be made accessible through open and closed captioning, descriptive
video, or other methods.

  Video recordings intended for internal investigative processes or
documentation such as depositions, video recorded inspections, etc. are not
covered by this policy."

  The ADA connection to these requirements can be found in the "Program
Access" portion of Title II of the ADA, which requires that all programs,
services and activities of state government must be readily accessible to
and usable by people with disabilities.

  I'm sharing this with you, Mario, because I believe that we can anticipate
that a blind person who requests the video recording of our Commission
meetings might insist that it be described and, further, we cannot charge
anything for the cost of making it accessible because the ADA would consider
that being tantamount to assessing a surcharge for access, which is
prohibited.  Fortunately, though, our media technology office has expertise
in the art of audio description, perhaps more so than in any other
department.

  Give me a call if you'd like to chat about this at 373-3125.

  Best always,

  Pat

  Policy 1650.00 - Accessibility

  1650.00 ACCESSIBILITY

  Issued September 19, 2007

  SUBJECT: Accessibility

  APPLICATION: Executive Branch Departments and Sub-Units.

  PURPOSE: To comply with the Americans with Disabilities Act (ADA),
Sections 504 and 508 of the Rehabilitation Act of 1973 (as amended), the
State Deaf Persons' Interpreters Act (PA 204 of 1982), and the Michigan
Persons with Disabilities Civil Rights Act (PA 220 of 1976), this policy
defines Departments' requirements for printed materials, meetings,
electronic technology and services, and their availability to persons with
disabilities in accessible formats when requested. This document covers
employees and any individual, including the general public, who is served by
Departments.

  Note: This policy does not apply to Department of Corrections prisoners.

  CONTACT AGENCY:

  Office of the State Employer

  400 S. Pine St.

  Lansing, MI 48913

  TELEPHONE: 517-373-7400

  FAX: 517-373-3771

  Commission on Disability Concerns

  201 N. Washington Square, Suite 150

  Lansing, MI 48913

  TELEPHONE: 517-335-6004 TTY/V

  Toll Free: 877-499-6232 TTY/V

  FAX:  517-335-7773

  Note: TTY/V = Teletypewriter/Voice.

  SUMMARY: Departments must ensure that all printed materials, meetings,
electronic technology, and services are accessible to persons with
disabilities, such as employees, applicants, program participants, or
members of the public participating in Departments' activities.

  Printed Material and Documents:

  All printed material or documents issued by Departments will be available
upon request in alternative formats, unless this process would result in a
fundamental alteration in the nature of a program or activity or an undue
financial or administrative burden. Subject to these limitations,
Departments will provide materials in an accessible format usable to the
requestor.

  Materials published by Departments will contain a notice that the material
is available in an accessible format. In addition, Departments shall take
steps to provide information to the general public about the availability of
documents in accessible formats.

  Meetings and Events:

  Events and meetings planned and sponsored by Departments will be
accessible, unless this would fundamentally alter the nature of a program or
activity or an undue financial or administrative burden would occur.

  "Accessible" means that all who are qualified to attend can attend,
participate in all activities, and access information in the needed
accessible formats in a timely manner. At a minimum, the site will be
barrier-free, and additional accommodations will be provided upon request
with advance notice. This

  includes, but is not limited to, meetings open to the public, conferences,
educational events, press conferences, staff training, and retreats.

  Departments shall include on Event and Meeting notices a statement
regarding accessibility and list contact information for requesting an
accommodation and the timeframe for requests, in advance of the Event or
Meeting.

  Video or Other Media Production:

  Video or other media production produced or distributed by Departments
will be made accessible through open and closed captioning, descriptive
video, or other methods.

  Video recordings intended for internal investigative processes or
documentation such as depositions, video recorded inspections, etc. are not
covered by this policy.

  Electronic and Information Technology:

  Departments are required to work within the accessibility standards for
disseminating information, website development, and information on websites,
including computers, software, and electronic office equipment and all
technologies covered by the law. For additional information, contact the
Department of Information Technology, E- Michigan Web Development.

  APPLICABLE FORMS: None

  REFERENCES: Americans with Disabilities Act (ADA) of 1990 (Pub. L.
101-336) (42 U.S.C. §§

  12101 et seq.)

  Rehabilitation Act of 1973 (as amended), Sections 504 (29 U.S.C. § 794)
and 508 (29 U.S.C. § 794d)

  State Deaf Persons' Interpreters Act (PA 204 of 1982) (MCL 393.501, et
seq.)

  Michigan Persons with Disabilities Civil Rights Act (PA 220 of 1976) (MCL
37.1101, et seq.)

  Resource: State of Michigan Accessibility Resource Guide
http://www.michigan.gov/dmb/0,1607,7-150-9131-170876--,00.html.

  * * *

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