[nfbmi-talk] Fw: Fw: FOIA FW: July 24, 2012 MCB Minutes
joe harcz Comcast
joeharcz at comcast.net
Fri Aug 17 21:52:07 UTC 2012
----- Original Message -----
From: "joe harcz Comcast" <joeharcz at comcast.net>
To: "blind democracy List" <blind-democracy at octothorp.org>
Sent: Friday, August 17, 2012 5:03 PM
Subject: Fw: [nfbmi-talk] Fw: FOIA FW: July 24, 2012 MCB Minutes
What a weird thing that goes on here in Michigan. People at public meetings
of a $20 million plus organization can't even get motions straight...
----- Original Message -----
From: "joe harcz Comcast" <joeharcz at comcast.net>
To: <nfbmi-talk at nfbnet.org>
Sent: Friday, August 17, 2012 2:17 PM
Subject: [nfbmi-talk] Fw: FOIA FW: July 24, 2012 MCB Minutes
----- 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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