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

Tue Aug 7 13:56:59 UTC 2012

How is this relevant to this list?

From: "joe harcz Comcast" <joeharcz at comcast.net>
To: "OCR Cleveland Office" <Ocr.cleveland at ed.gov>
Cc: "MARK CODY" <MCODY at mpas.org>; "Richard Bernstein Esq" 
<rbernstein at sambernstein.com>; "Luke Zelley TDN" <lukez at disnetwork.org>; 
"Craig McManus RSA" <Craig.McManus at ed.gov>; "Carol Dobak" 
<Carol.dobak at ed.gov>; <nfbmi-talk at nfbnet.org>; "Elmer Cerano MPAS" 
<ECERANO at mpas.org>; "Beth Childress MRC" <BChildress at kandu.org>; "carol 
bergquist Hannaville MRC" <carolbergquist at hannahville.org>
Sent: Monday, August 06, 2012 4:22 PM
Subject: [nfbmi-talk] Fw: accommodation request accessibl public hearing 
info

----- 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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