[nfbmi-talk] Fw: FOIA FW: July 24, 2012 MCB Minutes

joe harcz Comcast joeharcz at comcast.net
Fri Aug 17 18:17:03 UTC 2012


----- Original Message ----- 
From: joe harcz Comcast 
To: Haynes, Carla (LARA) 
Sent: Friday, August 17, 2012 2:16 PM
Subject: Re: FOIA FW: July 24, 2012 MCB Minutes


Hello,

Again now that it is confirmed due to the recording you kindly sent to me the issue was not the Ron Fellows case in MAHS, but rather his case in Circuit court.

For the public record to be valid it must reflect a valid case and must be accurate to the "T".

This is not the only innacurate and thus invalid public meeting of the MCB in my experience. Several have violated the letter and the spirit of the Michigan Open Meetings Act, the FOIA, and indeed the Americans with Disabilities Act of 1990 and the very Rehabilitation Act of 1973 which funds and enables the MCB to begin with.

sincerely,

Paul Joseph Harcz, Jr.

cc: MCB Commissioners
cc: Michigan A.G.
cc: several 

  ----- Original Message ----- 
  From: Haynes, Carla (LARA) 
  To: joe harcz Comcast (joeharcz at comcast.net) 
  Cc: Cannon, Patrick (LARA) ; Luzenski, Sue (LARA) ; Farmer, Mel (LARA) ; Turney, Susan (LARA) ; Duell, Elsie (LARA) 
  Sent: Thursday, August 16, 2012 9:06 AM
  Subject: RE: FOIA FW: July 24, 2012 MCB Minutes


  Hello,

   

  The Michigan Administrative Hearings System (MAHS) Docket Number for the Ron Fellows v Michigan Commission for the Blind discussed at the July 24, 2012, MCB Board Meeting is 2009-72.

   

  Carla Miller Haynes

  LARA Michigan Commission for the Blind

  201 N. Washington Square, 2nd Floor

  P.O. Box 30652

  Lansing, MI  48909

  Telephone:  517-373-2063 or Toll-Free 1-800-292-4200

  Fax:  517-335-5140

   

  www.michigan.gov/mcb

   

   

  From: joe harcz Comcast [mailto:joeharcz at comcast.net] 
  Sent: Friday, August 10, 2012 1:05 PM
  To: Cannon, Patrick (LARA)
  Subject: Re: July 24, 2012 MCB Minutes

   

  I would like the Docket number of the case referenced as that was a part of the motion,.

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

    From: Cannon, Patrick (LARA) 

    To: 'joe harcz Comcast' 

    Cc: Luzenski, Sue (LARA) ; Larry Posont MCB Comm. ; lydia Schuck MCB Comm. ; John Scott MCB Comm. 

    Sent: Friday, August 10, 2012 1:02 PM

    Subject: RE: July 24, 2012 MCB Minutes

     

     

    DRAFT

    MICHIGAN COMMISSION FOR THE BLIND

    SPECIAL COMMISSION MEETING

     

    201 N. Washington Square

    Victor Office Center 

    2nd Floor Conference Room

    Lansing, MI

    July 24, 2012

    12:00 p.m. - 1:00 p.m.

    VIA Conference Call

     

    MINUTES

     

    COMMISSIONERS PRESENT

     

    Mr. Larry Posont                              Ms. Lydia Schuck (via telephone)           

    Mr. John Scott (via telephone) 

     

    COMMISSIONERS ABSENT

     

    None (2 Commissioner vacancies currently exist)

     

    MICHIGAN COMMISSION FOR THE BLIND STAFF PRESENT

     

    Mr. Pat Cannon                                Ms. Sue Luzenski

    Ms. Shannon McVoy (via telephone)

    Ms. Lisa Kisiel (via telephone)

     

    GUESTS/ATTENDEES 

     

    Mr. Tom Warren                              Mr. Joe Sontag                                          

    Mr. Terry Eagle                                Mr. Mark Eagle

    Mr. Paul Egan

     

    GUESTS/ATTENDEES VIA TELEPHONE

     

    Mr. Joe Harcz                                  Mr. Dave Robinson

    Ms. Garnett Prentice

     

    Call to Order, Roll Call and Determination of Quorum

     

    The meeting was called to order at 12:02 p.m.  Roll call was taken and a quorum was determined.

     

              Staff and attendees introduced themselves.

     

              Mr. Tom Warren, Assistant Attorney General asked that a motion be made to go into a closed session to consult with counsel regarding trial strategy in connection with the matter of Ron Fellows v the Michigan Commission for the Blind as discussion in an open meeting would have a detrimental effect on the litigation of this case.

     

    SCHUCK MOVED TO GO INTO CLOSED SESSION TO DISCUSS RON FELLOWS V THE MICHIGAN COMMISSION FOR THE BLIND; SCOTT SECONDED

     

    Discussion:  Commissioners discussed with Assistant Attorney General Warren the procedures for holding the closed meeting including a separate recording, separate minutes, discussion taking place during the closed meeting but any motions to be made based on that discussion and voting will take place in the open meeting.

     

                       THE MOTION PASSED UNANIMOUSLY    

     

    CLOSED SESSION CONVENED AT 12:10 P.M.

     

    OPEN SESSION RECONVENED AT 12:21 P.M.

     

    Call to Order, Roll Call and Determination of Quorum

     

    The meeting was called to order at 12:21 p.m.  Roll call was taken and a quorum was determined.

     

    SCOTT MOVED TO AUTHORIZE TOM WARREN TO RAISE ALL AVAILABLE DEFENSES IN THE RON FELLOWS CASE; SCHUCK SECONDED

     

    Discussion:  There was no discussion.

     

    Roll call vote:    scott aye

    schuck aye

    posont NAY

     

                       THE MOTION PASSED.

     

    Review of DRAFT State Plan public comment summary

     

              Ms. Luzenski read a summary of the public comments (attached) received at five meetings conducted by the Commission on the draft 2013 State Plan. 

     

    Commissioners comments on Draft state plan

     

              Commissioners questioned that since the plan will be submitted to RSA and take effect October 1 it should reflect the new Commission name, the current Director should not sign it and shouldn't the LARA Director sign it instead of Chief Deputy Director Zimmer.  Director Cannon clarified that the State Plan will be submitted to RSA and the effective dates will be October 1, 2012 through September 30, 2013 and the signatories on the document are how the department asked that it be prepared.  Commissioner Schuck asked that a meeting be set up with Chief Deputy Director Zimmer to discuss these issues.

              Commissioner Scott expressed concern over a possible conflict of interest between Chief Deputy Director Zimmer overseeing the future Bureau of Services for Blind Persons (BSBP) and, simultaneously, overseeing the Michigan Administrative Hearings System.  

              Commissioner Posont stated that as a Commissioner and a person who is an advocate, this State Plan has stripped consumer input into the agency and he can't accept the State Plan how it is.  He added that there are serious legal questions and he has no legal counsel.  

              Commissioner Shuck agreed with Commissioner Scott, adding that the first Executive Order showed the Governor had not gotten very good advice and this was reflected in the second Executive Order being much better, but the Commissioners need to talk to someone who represents the Governor to get an explanation of why he believes this way of resolving the BEP disputes is an improvement for services to blind people.  She added that the State Plan could not be approved by Commissioners because the people that the Commissioners really need to talk to were not at the table at the present time.  Commissioner Schuck concluded by saying that she wants to make sure what the Governor's intent is and also that the Governor fully understands what happened by transferring the BEP final decisions to the Director of LARA.

    Commissioner Posont stated that federal law allows consumer input into a State Agency for the Blind and the Michigan Rehab Council (MRC) will now be the rehab council for both MRS and BSBP and there are not representatives of the blind community.  

    Director Cannon said that the Department received support from RSA about the MRC overseeing both MRS & MCB even though they will be in different departments.  Commissioner Schuck questioned if LARA Directors will be willing to accept if DHS decides something should be a certain way and the MRC agrees, ultimately affecting the agency.  Director Cannon answered that the MRC can comment and make recommendation to both MRS and BSBP but the final authority will lie with the LARA Director's office.  There was also discussion about whether there will be a blind person on the MRC.  

    Commissioner Posont stated that he doesn't believe that he can justify the State Plan as it is.  He gave examples of concerns present in the State Plan and believes that the power of the blind people have been stripped from the Agency.  

    Commissioner Schuck said she cannot support this without having some questions answered by Mike Zimmer and a representative from the Governor's office and clarification on the hearings system.  

    Commissioner Scott was concerned because the State Plan is based on the Executive Order scheduled to take effect on October 1 and the conflict of interest needs to be dealt with before accepting the State Plan.  

    Commissioner Posont commented on the funding of Newsline and a need for this to be more fully funded by the Government and this should be addressed in the State Plan.  

    Commissioner Posont also clarified a public comment he made at the Escanaba meeting site for the State Plan meeting.  Director Cannon noted that Commissioner Posont was a member of the committee that drafted the State Plan and asked Commissioner Posont if he had objected to any of the provisions of the document as it was being drafted.  Commissioner Posont called for another Special Commission meeting to be held for an opportunity to discuss the State Plan because the plan should not be submitted as it is.  Commissioner Schuck agreed, pointing out that the Executive Order states there will be no Director as of October 1 and the State Plan has the signature of the current Director which is in direct conflict of the Executive Order.

     

     

    Schuck moved the Board request that Mike Zimmer, a representative of the Governor and an Attorney General representative join Commissioners at the special meeting to Continue discussion on the draft State Plan; Scott seconded.

     

    Discussion: The meeting should be held in the next couple of weeks and a meeting request letter will be sent out in Commissioner Posont's name. 

     

    Roll call vote:    scott aye

    schuck aye

    posont aye

     

                       the motion passed unanimously.

     

     

    Public Comment

     

    Mr. Terry Eagle:  Terry Eagle from Lansing.  I'd like to speak on behalf of the blind vendors of the state that were brought up during the discussion.  There are at least 40 jobs that we believe are on the line for blind persons.  Also the entire BEP program is on the line as a result of the Executive Order and the gutting of Public Act 260.  There really has been nothing addressed that says that there still remains a priority for blind people and I think that things like having the cafeteria across the street closed is an indication of how much this agency, this Governor and Mr. Zimmer have, for the quality of life and blind people having jobs in this state.  I think it is totally irresponsible and ridiculous that we have a cafeteria sitting across there not making a living for a blind person.  I can't believe that an organization that's next move will be to deprive a blind persons of business hours by getting rid of the Business Enterprise Program and that will be met with whatever legal and other necessary actions that we have to take whether it's protesting daily at the Capitol or whatever we will get the attention of the legislature and the Governor by whatever means it takes.  

     

    Mr. Mark Eagle:  As a former Commissioner of MCB, I highly disagree with this Executive Order.  Rick Snyder has overpassed his executive power overturning the will of the legislature (inaudible) Public Act 260, there's nothing wrong with the agency's policy or rules, it's the leadership in which has fallen and the blind people of Michigan are very disappointed with action that Rick Snyder has taken again with this Executive Order and not reaching out to consumers and with the new Executive Order we're just going to have another CIC, we're not going to have any voice on how everything is presented and passed.  We don't have a policy making board after October 1, so that's my concerns.  

     

    Mr. Joe Sontag:  Thank you.  Before I have a chance to forget, first I'd like to thank this Board for taking the steps it did today. I like the critical thinking that I saw very much in evidence and I think it was a necessary thing, very necessary to question the future tense preparation of the State Plan document to question the arrangement regarding (inaudible) within this Agency.  As an advocate on behalf of operators I just want to believe that operators are always right and the rights of operators in certain circumstances.  The (inaudible) problems are only going to escalate.  (cutting in and out because of audio interference on the phone).. Nothing to suggest that to....Executive Order..(inaudible).  I also want to comment that it's my belief also, Rick Snyder, as much as he is trying to make Michigan a better place to live he has overstepped his authority in Order 2012-10.  Only a matter of money, frankly, that the serious challenges (inaudible) in short order to attempt to sort this thing out.  I would actually prefer it be sorted out in other ways.  Let's sit down and discuss, honestly, lets discuss this at a regular Commission meeting could go miles worth sorting a lot of things out now.  I (inaudible) everyone else we have to take the cards we're dealt and we're going to do our level best for blind people in Michigan.  

     

    Mr. Joe Harcz:  Yes, first the Executive Order in and of itself violates the Executive Organization Act in that it strips key components including your policy making and quasi-judicial authorities under a Type II transfer.  Second, and this is very important, the State Plan totally violates all those non  delegable authorities.  In other words you cannot delegate powers over budgeting, over administrative hearings, over everything else that are VR components that are Federal Funds to a non-vocational rehabilitation entity.  LARA is the designated state agency.  It is not a vocational rehabilitation entity, you cannot give that power to LARA.  It's a misappropriation of federal tax player monies into a non-vocational entity and it's clear on its face its whittled throughout those technical assistance circulars that I sent out, it's referenced, it is totally violative of the Rehabilitation Act in several components which are all documented.  This thing is a sick and sad and illegal and unconstitutional joke.  The fundamental violations of LARA, of due process and usurping of federal funds is frankly criminal.  I don't understand what people don't understand about this.  And for Mr. Zimmer, the same person who runs the Michigan Administrative Hearings System which routinely violates the fundamental civil rights of any blind person going through there, including the ADA and 504 and then to assume the mantle of making a final agency decision is another non-delegable authority and aside from that a hideous abuse of power and the denial of fundamental procedural, let alone substantial due process.  And I'm glad, Larry, that you brought up that correction about the fact we got VR agencies, including MCB, including where these public hearings were held that violate the ADA and right to access, one of those being Cadillac Place which is being sued right now for violations of the ADA, of the way of people with disabilities to access these very buildings and these very programs.  This thing, and thank you ladies and gentlemen for opposing this and thank you very much for exercising your rights to make the final agency determination on the Fellows case.  By God I hope Ron Fellows someday gets some justice.  

     

    Mr. Dave Robinson:  Yes, first I just want to reiterate and agree with everything that Joe said.  Often times we hear those issues only from Joe, but believe you me there's a lot of blind people in this state that agree totally with what Joe is saying and support him 100% on this issue.  I won't reiterate what he said but I agree that, I believe that I think the bureaucrats in this State, the Zimmers, the Cannons and others in this state are flim flaming not only the blind of Michigan but also some of the unknowing officials of this state who don't really know or understand the complexity of this issue and the removal of consumer input of the blind in this state.  I think that Zimmer's comment to our representative regarding Ron Fellows and the fact that the reason why the Commission Board wasn't going to exist was because they were willing to consider the possibility of awarding Ron Fellows damages is abominable, if that's his only reason for stripping the blind of Michigan any input into the very services that affect their lives from the first grade to the grave.  I think that it's important that we understand what those issues are completely.  And I also believe that's important that you as Commissioners, and you have done this, are taking the necessary steps to get all the answers that are necessary to make a viable decision and not let these bureaucrats pull wool over your eyes as they've tried to do in the past and I, for one, will continue my efforts to insure that services are protected and that the culprits in this whole affair are eliminated from our affecting the lives of blind people.

     

    Ms. Garnett Prentice:  I'm an operator and member of the EOC.  I feel as an operator in this program and in this State, that we go back to the old ages that we're not going to have any rights whatsoever to grieve, you take away our independence, you take away our representation of the Commission Board and other people that are not blind don't understand how it is to have to live and work and function in this world.  And I believe that, I'm proud that the Commission Board has stuck together and rejected this and I hope that, that this Executive Order does not go through.  They need they need to look, not at the operators budget but inside the management of the Commission, of the BEP, the Commission for the Blind, where the problems stem and don't divide us operators against operators because of the facilities that we're in and protect our jobs and the future of this program.  

     

    ADJOURN

     

    SCOTT MOVED TO ADJOURN THE MEETING; POSONT SECONDED.

     

    The meeting adjourned at 1:12 p.m.

     

     

    ________________________________

     

    Mr. Larry Posont, Vice-Chair

     

     

    Date:­­­­­­­­­­­­­­­­­­­­­­­­­__________________________

    Michigan Commission for the Blind

    Public Comment Summary Regarding the 2013 Draft State Plan

     

    July 20, 2012.  The Michigan Commission for the Blind (MCB), Michigan Department of Licensing and Regulatory Affairs (LARA), held five public meetings during July 9-13, 2012, to receive comments on the proposed FY 2013 State Plan for the State Vocational Rehabilitation Services Program and State Plan Supplement for the State Supported Employment Services Program.  The proposed state plan implements provisions of Executive Order 2012-10.  This state plan will be submitted for final approval to the United Sates Department of Education, Rehabilitation Services Administration, now that public comment has been received.

    The proposed FY 2013 State Plan is posted on the Michigan Commission for the Blind website at www.michigan.gov/mcb.  Executive order 2012-10 is posted on Governor Rick Snyder's website at www.michigan.gov/snyder.  

    A total of 15 people attended the public meetings on the 2013 Draft State Plan with 10 individuals making comments.  Five individuals submitted a total of 17 written public comments to the Commission office by close of business on Monday, July 16, 2012.  The following summarizes the comments received on the Draft State Plan:

    ·        Inadequate notice of public meetings and buildings not accessible according to the ADA regarding signage.

    ·        A comment was made on 4.2(c) regarding the SRC (MRC) and the Commission Board did not get notice of these substantial changes to both state plans.

    ·        Another comment stated that the entire state plan is invalid on its face and urged RSA Deputy Director Anthony to not approve the state plan here or that of Michigan Rehabilitation Services until it comes into compliance with all applicable portions of the Rehabilitation Act including provisions for consumer control and input into the functions of this agency.

    ·        The Board to stay intact and the Commission for the Blind stay the way it is ran now.  The Commission has helped this person and a family member to accept this transition from a life with sight to now a life living with blindness. Both are currently active clients of the Commission that are now pursuing higher education and she stated that the Executive Order directly affects her and so many others, like war vets returning home blind, her son, her family and their future as contributing citizens in society. She ended by saying the only ones to know the true needs of blind people are the blind themselves.

    ·        The Commission board to weigh in on final draft.

    ·        BEP - final agency decisions rendered by the Director of the unit - getting input from sources that cannot be known or controlled about the status of various cases.

    ·        The National Federation of the Blind is concerned that the executive order may reduce the level of consumer control of vocational rehabilitation and related services to blind citizens of Michigan. They recommended appointment of a blind person to serve as the chairperson of the Advisory Commission, appointment and supervision of the director of the Bureau of Services for Blind Persons, dispute resolution process for complaints brought under the Randolph-Sheppard blind vending program and the State Rehabilitation Council.

    ·        The FY 2013 State Plan clearly demonstrates the long standing relationship between Western Michigan University and BSBP for the development and continued education of rehabilitation counselor/teachers to assure quality services for Michiganders with the disability of blindness.  BSBP and WMU work collaboratively in providing internship training for rehabilitation counselors and teachers that will provide the agencies with well qualified trained staff to work effectively with blind and visually impaired individuals throughout the state.

    ·        A second comment was made regarding the resolution of BEP disputes where the entity that would provide the final decision is LARA, who should not make the final decision.

    ·        A number of commenters stated that the staff had inadequate training to provide services to blind people.

    ·        MCB decrease in employment outcomes from FY 2000 has continued to decrease.

    ·        RSA needs to monitor consumer involvement in order to maintain maintenance of effort regarding consumers' participation in the agency.

    ·        A comparison of the commission Board with MRC Board - the elimination of the board that has three individuals who are blind and MRC with a 17 member board with no designation of a blind member on it.

    ·        Executive order over reaches Governor's authority and moves into the legislature authority.

    ·        Conflict of Interest and Non-delegable Authorities regarding the Executive Order.

    ·        Information being provided in accessible format of one's choice through LARA.

    ·        More strategies to increase employment outcomes to combat Michigan's high unemployment rate.

    ·        Develop more strategies for outreach to minorities.

    ·        One individual stated that the meeting location was accessible and had proper signage.

    ·        Three members of MCRS formerly MRC provided a statement regarding the new council that serves both agencies BSBP and MRS as the result of the Executive Order 2012-10 and will be happy to work with BSBP.

    ·        Informational materials submitted via email included:

    o   RSA-TAC-12-03

    o   RSA - TAC-12-02

    o   ADAPT - article on accessibility

    o   MRSC - Three documents from public comments submitted.

     

    The meetings were held on the following dates and times at these locations:

     

    Date                    Time                             Address

    July 9, 2012        2:00-6:00 p.m.              Lake Superior Room

    Braille and Talking Book Library

    702 West Kalamazoo Street
    Lansing, MI 48909

     

    July 11, 2012      2:00-6:00 p.m.              Kalamazoo Room

    MCB Training Center

    1541 Oakland Drive

    Kalamazoo, MI  49008



    July 11, 2012      2:00-6:00 p.m.              Conference Room, 2nd Floor

    Escanaba Office

    State Office Building

    305 Ludington

    Escanaba, MI 49829

     

    July 13, 2012      2:00-6:00 p.m.              Room L150 

    Cadillac Place

    3038 W. Grand Blvd.

    Detroit, MI 48202

     

    July 13, 2012      2:00-6:00 p.m.              Hearings Room

    Michigan Dept. of Environmental

       Quality

    2100 W. M-32

    Gaylord, MI  49735

     

     

     

     

     

    From: joe harcz Comcast [mailto:joeharcz at comcast.net] 
    Sent: Friday, August 10, 2012 7:03 AM
    To: Cannon, Patrick (LARA)
    Cc: Luzenski, Sue (LARA); Larry Posont MCB Comm.; lydia Schuck MCB Comm.; John Scott MCB Comm.
    Subject: Fw: July 24, 2012 MCB Minutes

     

    I'm still waiting for the proposed minutes of the July 24, 2012 MCB meeting.

     

    Sincerely,

     

    Paul Joseph Harcz, Jr.

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

    From: joe harcz Comcast 

    To: Larry Posont MCB Comm. 

    Cc: John Scott MCB Comm. ; lydia Schuck MCB Comm. 

    Sent: Monday, July 30, 2012 1:37 PM

    Subject: Fw: July 24, 2012 MCB Minutes

     

     

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

    From: joe harcz Comcast 

    To: Farmer, Mel (LARA) 

    Sent: Monday, July 30, 2012 1:36 PM

    Subject: Re: July 24, 2012 MCB Minutes

     

    I asked for the proposed meeting minutes ASAP of the open meeting including all motions, and all determinations made in public session.

     

    Moreover, the commissioners didn't even have a copy of the case which is open record that they were to discuss?

     

    Frankly, this is outragious!

     

    Paul Joseph Harcz, Jr.

     

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

      From: Farmer, Mel (LARA) 

      To: 'joe harcz Comcast' 

      Cc: Haynes, Carla (LARA) ; Cannon, Patrick (LARA) ; Luzenski, Sue (LARA) ; Zanger, Connie (LARA) 

      Sent: Monday, July 30, 2012 11:58 AM

      Subject: July 24, 2012 MCB Minutes

       

      July 30, 2012

       

      Mr. Paul Joseph Harcz

      1365 Mt. Morris Rd.

      Mt. Morris, MI 48458

      joeharcz at concast.net

       

      RE: July 24, 2012 MCB Minutes and Recording

       

      Dear Mr. Harcz:

       

      This notice is in response to your July 26, 2012 email to Mr. Patrick Cannon (attached) requesting copies of existing, nonexempt public records you describe regarding the Michigan Commission for the Blind (MCB) July 24, 2012 meeting as:

        1.. ".everything in the Commissioners packet including the Fellows Case they went in to closed 
            session over with all background materials and proposed minutes as soon as they are 

            produced."

       

            2. ".recording of said meeting. as an mp3 file on a thumb drive."

       

      Please be informed that the Department is processing this request under the state's Freedom of Information Act (FOIA), MCL 15.231 et seq.

       

      Pursuant to MCL 15.235, Section 5(2)(c) and MCL 15.243, Section 13(1)(d) of the state's FOIA, your request is denied in part and granted in part.

       

      As regards the denied portion of your request:

        1.. The Department's Michigan Commission for the Blind indicates that there were no records in the 
      packet sent to the Commissioners regarding the Fellows case and closed meeting conducted to

      discuss pending litigation regarding the case. 

       

        2.. Under the state's Open Meetings Act (OMA), a public body may meet in a closed session to 
      consult with its attorney regarding pending litigation. The OMA requires that a separate set 

      of minutes shall be taken which shall be retained by the public body and are not available to 

      the public; and shall only be disclosed if required by a civil action under the OMA. Further, 

      the minutes of the closed session may be destroyed one year and one day after approval of 

      the minutes of the regular meeting at which the closed session was approved.

      Thusly, I certify that the public records requested regarding the Fellows case do not exist under the name given by you, or reasonably known to the Department; and that if said records did exist, such records would be exempt from disclosure under the state's OMA and FOIA (MCL 25.243, Section 13(1)(d).

       

      As regards the granted portions of your request, attached are copies of existing, nonexempt public records related to the information/records included in the MCB Commissioners packet. The requested recording of the meeting via an mp3 file on a thumb drive is being forwarded to you under separate cover by the MCB.

       

      Under MCL 15.240 of the state's FOIA, you may, (1) submit a written appeal regarding the denial of any portion of your FOIA request to Mr. Steven H. Hilfinger, Director, Michigan Department of Licensing and Regulatory Affairs, Attention: Mike Zimmer, Chief Deputy Director, 611 W. Ottawa, 4th Floor, P.O. Box 30004, Lansing, MI 48909. Your appeal notice must include the word "appeal" and identify the reason(s) for reversal of the disclosure denial(s); or, (2) you may seek judicial review in circuit court within 180 days after the Department's final determination. If you prevail in court action, the court may award you reasonable attorney fees, costs, and disbursements. If the court finds the Department's actions to be arbitrary and capricious, the court shall award you, in addition to any actual or compensatory damages, punitive damages in the amount of $500.00.

       

      Sincerely,

      /S/ Melvin Farmer, Jr.

      Central FOIA Coordinator

       

      Attachments

       

       

       

      MICHIGAN COMMISSION FOR THE BLIND

      SPECIAL COMMISSION MEETING

       

      201 N. Washington Square

      Victor Center Building

      2nd Floor Conference Room

      Lansing, MI

      July 24, 2012

      12:00 p.m. - 1:00 p.m.

      VIA Conference Call

       

      To call in to this meeting:

      Dial:  1-877-873-8017

      Passcode:  7502991#

       

       

             I.                        CALL TO ORDER, ROLL CALL AND 

      DETERMINATION OF QUORUM                                  12:00

       

           II.                        DISCUSSION OF PENDING LITIGATION                   12:05

      (CLOSED SESSION)

       

        III.                        Review of DRAFT State Plan public 

      comment summary                                                  12:15

       

       IV.                        Commissioners comments on 

      Draft state plan                                                     12:35

       

         V.                        PUBLIC COMMENT                                                        12:50

       

       VI.                        ADJOURN                                                                        1:00

       

      The meeting site is accessible.  Individuals attending the meeting are requested to refrain from using heavily scented personal care products in order to enhance accessibility for everyone.  People with disabilities requiring additional accommodations (such as materials in alternative format) in order to participate in the meeting should call Sue Luzenski at 517/335-4265 by July 23, 2012.

       

       

       

       

       

       

      From: joe harcz Comcast [mailto:joeharcz at comcast.net] 
      Sent: Wednesday, July 25, 2012 7:49 AM
      To: Cannon, Patrick (LARA)
      Cc: Zimmer, Mike (LARA); Larry Posont MCB Comm.; lydia Schuck MCB Comm.; John Scott MCB Comm.; Luzenski, Sue (LARA); Craig McManus RSA; daniel.frye at ed.gov; Carol Dobak; nfbmi-talk at nfbnet.org
      Subject: ada request meeting information

       

      July 26 ADA 504 Request Meeting Minutes Recording

       

      Paul Joseph Harcz, Jr.

      1365 E. Mt. Morris Rd.

      Mt. Morris, MI  48458

      joeharcz at comcast.net

       

       

      Re: July 24 MCB Minutes and Recordings

       

      To:

       

      Patrick D. Cannon, etc.

       

      (Via e-mail)

       

       

      Sir,

       

      I'm writing today to request everything in the Commissioner's packet including the Fellows case they went in to closed session over with all background materials and the proposed minutes as soon as they are produced. Of, course as a blind person pursuant to the ADA (which turns 22 tomorrow) and Section 504 of the Rehabilitation Act which is uniformly violated in this state I request them in accessible format. To wit: send them as simple word documents and/or plain text enclosures to my e-mail address listed above.

       

      In addition I'm requesting the recording of said meeting ASAP. That may be sent to my mailing address as an mp3 file on a thumb drive.

       

      Note this relates to information that is supposed to be made routinely accessible to all people with disabilities in a timely manner again under the Rehabilitation Act. Note, you always say on all releases that all meetings are accessible and that includes documents, etc.

       

      So just send this information out directly and accessibly.

       

      Sincerely,

       

      Paul Joseph Harcz, Jr.

       

      Cc: M. Zimmer, LARA

      Cc: RSA

      Cc: MCB Commissioners

      Cc: NFB MI

      Cc: MPAS

      Cc: several Attorneys at Law

       

       

       

       



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