[nfbmi-talk] Fw: accommodation request accessibl public hearing info

joe harcz Comcast joeharcz at comcast.net
Mon Aug 6 20:22:28 UTC 2012


----- Original Message ----- 
From: joe harcz Comcast 
To: Marlene Malloy 
Sent: Monday, August 06, 2012 4:21 PM
Subject: Re: accommodation request accessibl public hearing info


I'm sorry meant to say Farmer and nor is anyone in LARA the DSU or the MRC....

That goes to my fundamental points on the rummied state plans vis a vis non delagable autorities.

It also goes to the fact and the documented fact that the DSU and MRC have not been fully accessible before, during or even after the fact on state plan development.

That is a fact and again a documented fact as these correspondences attest.

Sincerely,

Paul Joseph Harcz, Jr.
  ----- Original Message ----- 
  From: Marlene Malloy 
  To: joe harcz Comcast ; Luke Zelley ; OCR Cleveland Office ; Richard Bernstein Esq 
  Sent: Monday, August 06, 2012 4:07 PM
  Subject: RE: accommodation request accessibl public hearing info


  Mr. Harcz – the MRC is not an agency, it is a Governor appointed membership adhering to Section 105 of the Rehabilitation Act.  The intent of the Act is that the State Rehabiliation Council function in an autonomous manner from the state unit providing rehabilitation services. The Council develops a budget that is independent from State Government and they determine the funds they will utilize for their staffing needs.  The MRC has been actively involved in the development, review, and support of the State Plan.  My intent was not to be glib in my response, just succinct in the respect of your time.  If you would like to make the request for the MRS Public Meeting documents, you should contact LARA and ask for Mel Farmer, as I understand that he is the person who manages this type of request. This will be my last communication with you with regard to the release of the MRS Public Meeting comments.



  Marlene Malloy



  _________________________________________________________________________________________________________________________________________________________________________________________________________________________________________





  You are the agency or are you just getting paid for nothing?



  Are you telling me here and now that the MRC including current MRC members had no input or notice in to the development of the state plan?



  I find that fascinating especially when the Rehabilitation Act requires it!



  Oh by the way you've failed to give me any contact information relative to your glib and belated comments here on this request for timely and accessible information related to so-called public hearings on the State Plan that are required (including documents related to them ) to be accessible to all people with disabilities pro forma let alone upon request.



  You might brush up on said  requirements in Title I, of the Rehab Act and of course in Section 504, and of course under Title II of the ADA.



  All of which you have routinely violated Madame.











  Sincerely,



  Paul Joseph Harcz, Jr.





  From: Marlene Malloy [mailto:marlene at mrccouncil.org] 
  Sent: Monday, August 06, 2012 3:51 PM
  To: joe harcz Comcast; Luke Zelley; OCR Cleveland Office; Richard Bernstein Esq
  Subject: RE: accommodation request accessibl public hearing info



  Mr. Harcz – I am not a Public Employee, MRS has a grant contract with a statewide trade association who is our employer of record. I am supervised by the Chair of the MRC.  



  From: joe harcz Comcast [mailto:joeharcz at comcast.net] 
  Sent: Monday, August 06, 2012 3:36 PM
  To: Marlene Malloy
  Subject: Re: accommodation request accessibl public hearing info



  It was a direct question. I also made that as an official request for information in writing and I also sent it to OCR along with my ongoing complaints against you as a public employee acting in official capacity who did not even respond to my inital request for auxilliary aids and services.



  It is as simple as that.



  By the way I am asking right now for the ammount of your annual salary and yearly compensation,.



  Sincerely,



  Paul Joseph Harcz, Jr.

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

    From: Marlene Malloy 

    To: joe harcz Comcast ; Luke Zelley ; OCR Cleveland Office ; Richard Bernstein Esq 

    Sent: Monday, August 06, 2012 3:26 PM

    Subject: RE: accommodation request accessibl public hearing info



    What does that have to do with your request that needs to be made through the MRS system?



    From: joe harcz Comcast [mailto:joeharcz at comcast.net] 
    Sent: Monday, August 06, 2012 3:25 PM
    To: Marlene Malloy
    Subject: Re: accommodation request accessibl public hearing info



    Ms. Malloy,



    Are you still being paid for being the Executive Director of the MRC?



    Sincerely,



    Paul Joseph Harcz, Jr.

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

      From: Marlene Malloy 

      To: joe harcz Comcast ; OCR Cleveland Office 

      Cc: Richard Bernstein Esq ; Luke Zelley 

      Sent: Monday, August 06, 2012 3:02 PM

      Subject: RE: accommodation request accessibl public hearing info



      Mr. Harcz – I believe that you were misguided in your request to receive this information from the Michigan Rehabilitation Council.  The Public Meetings recently held were hosted by Michigan Rehabilitation Services and as such, the documents belong to the agency.  In their announcement for the Public Meetings they indicated that once they reviewed all comments received for impact to their State Plan FY 2013, they would post a summary of the comments on their web site.  The link is:  http://www.michigan.gov/lara/0,4601,7-154-61256_25392-282896--,00.html.  If you desire further information, I would suggest contacting MRS directly.



      Marlene S. Malloy

      Executive Director

      Michigan Rehabilitation Council

      3490 Belle Chase Way, Suite 110

      Lansing, MI 48911



      517/887.9370, extension 1

      517/887.9369 - Fax

      877/335.9370 - Toll Free



      marlene at mrccouncil.org

      www.mrccouncil.org



      Confidentiality Notice - This message, including any attachments, is intended solely for the use of the named recipient(s) and may contain confidential and/or privileged information.  Any unauthorized use, disclosure, or distribution of this communication is expressly prohibited.  If you are not the intended recipient, please notify the sender and destroy any and all copies of the original message. The Michigan Rehabilitation Council accepts no liability for any damage caused by any virus transmitted by this e-mail. Thank you.



      From: joe harcz Comcast [mailto:joeharcz at comcast.net] 
      Sent: Friday, August 03, 2012 4:00 PM
      To: OCR Cleveland Office
      Cc: Marlene Malloy MRC Dir; Richard Bernstein Esq
      Subject: Fw: accommodation request accessibl public hearing info



      July 3, 2012





          





      This is a complaint against Ms. Malloy and the Rehabilitation Council for its violation of the effective communications requirements of the Americans with Disabilities Act of 1990, and the "auxiliary aids and services requirements of Section 504 of the very Rehabilitation Act of 1973 which creates the Michigan Rehabilitation Services (under Title I) and the MRC.



      To with: Ms. Malloy and the MRC have not even responded to my reasonable request for public information let alone remitted it in accessible format.



      (Re: attached e-mail, timed and dated for all relevant information).



      It is time that allVocational Rehabilitation entities are fully accessible to all people including those of us who are blind,.



      I also wished to be made whole and compensated for the egregious and pernicious acts of discrimination against myself by these persons and these scofflaw entities.









      Sincerely,



      Paul Joseph Harcz, Jr.

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

      From: joe harcz Comcast 

      To: Marlene Malloy MRC Dir 

      Cc: Luke Zelley TDN ; Susan Fitzmaurice ; Craig McManus RSA ; Carol Dobak ; carol bergquist Hannaville MRC ; Larry Posont MCB Comm. ; John Scott MCB Comm. ; lydia Schuck MCB Comm. ; nfbmi-talk at nfbnet.org 

      Sent: Friday, July 13, 2012 6:55 AM

      Subject: accommodation request accessibl public hearing info



      July 13, 2012   Request MRC All Information Related to State Plan Hearings



      Paul Joseph Harcz, Jr.

      1365 E. Mt. Morris Rd.

      Mt. Morris, MI 48458

      810-516-5262



      E-mail: joeharcz at comcast.net



      Re: Public Hearing Comments, Notes, Minutes Rehab Act, ADA, Etc.



      Marlene S. Malloy

      Executive Director

      Michigan Rehabilitation Council

      3490 Belle Chase Way, Suite 110

      Lansing, MI 48911



      517/887.9370, extension 1

      517/887.9369 – Fax



      877/335.9370 - Toll Free



      (Sent via e-mail)









      Dear Ms. Malloy,



      I am a person who is blind, an advocate for those who are blind and those with other disabilities. I am writing today to request all documents related to the extremely illegal state plan hearings recently conducted. At a minimum I am requesting all written or spoken public comments submitted to MRC and, if any, the recordings and notes, or “minutes” of these so-called “public hearings” on the state plan, which by the way very few people with disabilities even knew about because MRC and MRS made no proper and adequate notice in any form except belatedly on its web site.



      Make no mistake here I am not making a Freedom of Information Act request! I invoke the very Rehabilitation Act itself which funds and establishes the MRC to begin with. I invoke the requirement to make all public meeting and hearing information readily available and accessible to members of the public in a timely and accessible manner including those of course, like myself who are blind. I also invoke the Americans with Disabilities Act of 1990 (Title II, subpart e, communications, primary consideration), and the “auxiliary aids and services” provisions of Section 504 of the Rehabilitation Act here for as I am blind the printed word is not accessible. An entity such as yours should be intimate with how to affirmatively  comply with this request and prohibitions against charging a surcharge or any Stallings or delays.



      Now I request the written submissions as simple Word documents and/or e-mail attachments as my “computer talks”. I use a screen reader. This information must be sent to my e-mail listed above. Any responses, including inevitable stalling must also be sent in accessible format.



      As per any recordings they may be sent on a thumb drive to my mailing address as an mp3 file.



      Again under law you may not charge me one dime for this any more than you can charge a deaf person the cost of interpreter services at these bogus hearings. That would be a violation of the surcharge provisions of the ADA and 504.



      Regardless as you all want to take over the role of being the Statewide Rehabilitation Council in the State Plan and EO 2012-10 for those who are blind you better get used to meeting these accommodations. You had also better invest in some good Braille and audio production devices too.



      A failure to timely respond to this let alone remit accessible information will result in complaints to OCR, the US Department of Justice, and legal action.



      Sincerely,



      Paul Joseph Harcz, Jr.



      Cc: National Federation of the Blind, MI

      Cc: ADAPT MI

      Cc: MCB Commissioners

      Cc: MRC Members

      Cc: RSA

      Cc: several



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