[nfbmi-talk] Fw: FOIA Response to Requests of 1-7-12, 12-27 & 29 - New Horizons

joe harcz Comcast joeharcz at comcast.net
Sat Jan 21 00:52:55 UTC 2012


----- Original Message ----- 
From: Haynes, Carla (LARA) 
To: joe harcz Comcast (joeharcz at comcast.net) 
Cc: Cannon, Patrick (LARA) ; Farmer, Mel (LARA) ; Turney, Susan (LARA) ; Luzenski, Sue (LARA) ; Jones, Leamon (LARA) ; McNeal, Gwen (LARA) ; Duell, Elsie (LARA) 
Sent: Friday, January 20, 2012 6:06 PM
Subject: FOIA Response to Requests of 1-7-12, 12-27 & 29 - New Horizons


January 20, 2012

 

Mr. Paul Joseph Harcz, Jr.

E-mail: joeharcz at comcast.net

1365 E. Mt. Morris Rd.

Mt. Morris, MI 48458

 

Re:  January 7 2012 Cannon Request for Authorization McNeal, New Horizons Information at MCB Board Meeting and New Horizon Emails Between November 6, 2011 to December 27, 2011

 

Dear Mr. Harcz, Jr.:

 

This letter is in response to your January 7, 2012, email request for copies of public records, received on January 9, 2012, by this office.  Please be informed that the Michigan Commission for the Blind (MCB) is processing this request under the state's Freedom of Information Act (FOIA), MCL 15.231 et seq.

 

In your email, you requested information/records as described in your email attached.

 

With regard to your questions, wherein you ask:

"Regardless the most relevant part of the letter is as follows and Cashen is talking about Gwen McNeal here:  'She obtained approval from MCB before assuming a trustee position at New Horizons.'

 

"Now is this true? If so just whom at MCB gave her the approval? Was it you? Was it Leemon Jones?

 

"Was approval given in writing? If so I request once again any and all documents related to this affair in accessible format and a timely manner which is as either Word attachments or plain text enclosures to my e-mail address listed above."

 

Please be informed that the purpose of the FOIA is to provide the public with access to existing, nonexempt public records of public bodies. The FOIA provides that a written request for a public record must describe a public record sufficiently to enable the public body to find it. It is not the purpose of the FOIA to permit persons to secure, from a public body, answers to questions that incidentally may be reduced to a writing as that term is defined under section 2(h) of the FOIA.

 

(NOTE: Per Herald Co. v City a/Bay City, 463 Mich Ill; 614 NW2d 873 (2000), the Court determined that the FOIA does not establish detailed requirements for a valid request. If, for example, a person submits a request for information in the form of a question, and the public body possesses records containing the information, the public body is obligated to provide the records even though the records were not specifically described in the request.)

 

Therefore, in the spirit of cooperation, the response to your questions are as follows:  Gwen McNeal obtained verbal approval from her immediate supervisor, Leamon Jones, Director of the Consumers Services Division, Michigan Commission for the Blind, before assuming a trustee position at New Horizons.

 

You have submitted two additional FOIA requests for documents in relation to New Horizons and MCB staff.  One dated December 27, 2011, and received in this office on December 28, 2011 of which a ten day extension was taken to January 20, 2012, of which you received a response to on this date (1-20-12).  This request you described as:  "any written communications during the period of November 6, 2011 and December 27, 2011 from any staff of the Michigan Commission for the Blind, but most especially Gwen McNeal, MCB East Region Supervisor, Patrick D. Cannon, MCB Director (or his Administrative Aid, Susan Luzenski) and any personnel or Board member or agents of New Horizons Rehabilitation Services, Inc. related to any alleged conflicts of interests related to Ms. McNeal serving on the Board of Trustees of New Horizons."  A copy of this request is attached.

 

The other request dated December 29, 2011, received in this office on January 3, 2012, of which a ten day extension was taken to January 25, 2011 of which you describe your request as "any correspondence between yourself (Mr. Patrick Cannon), or any subordinates and the law firm representing New Horizons Rehabilitation Services, Inc. that you used as your response to Commissioner Schuck in her inquiries related to apparent conflicts of interest, or appearances of them related to the fact that East Region Supervisor Gwen McNeal serves on New Horizons Board of Trustees and the fact that MCB, Macomb ISD and New Horizons was cited for "reversion to vender" in the RSA monitoring report."  A copy of this request is attached.

 

As these three requests involve researching, examining and redacting the same documents, we are combining these requests into one.  I am attaching the invoice previously sent to you, amended to reflect all three requests (dates and descriptions) on this date.  The amount of the invoice will remain the same.

 

Sincerely,

 

 

Carla Miller Haynes, FOIA Coordinator

Michigan Commission for the Blind

 

Cc:          Patrick Cannon

                Mel Farmer

                Susan Turney

                Elsie Duell

                Leamon Jones

Gwen McNeal

 



From: joe harcz Comcast [mailto:joeharcz at comcast.net] 
Sent: Saturday, January 07, 2012 7:06 PM
To: Cannon, Patrick (LARA)
Cc: Larry Posont MCB Comm.; lydia Schuck MCB Comm.; John Scott MCB Comm.; Mark Eagle; Donald R. bowman; Jo Anne Pilarski; Geri Taeckens; Arwood, Steve (LARA); Craig McManus RSA; nfbmi-talk at nfbnet.org
Subject: who autorized mcneal to serve on new horizons?

 

January 7 2012 Cannon Request for Authorization McNeal

Paul Joseph Harcz, Jr.

1365 E. Mt. Morris Rd.

Mt. Morris, MI  48458

joeharcz at comcast.net

 

To: Patrick D. Cannon

Director, Michigan Commission for the Blind

(Via e-mail)

 

Dear Mr. Cannon,

 

By now everyone has seen the ludicrous letter from Attorney, John Cashen, of Bodman, PLC to NFB Michigan President Larry Posont concerning one of NFB's resolutions.

 

This resolution regards the apparent conflict of interest issue relating to MCB East Regional Supervisor, Gwen McNeal serving on New Horizon's Board of Trustees was also discussed during the MCB meeting of December 9, 2011 with you directly in inquiries made by Commissioner Schuck.

 

Regardless the most relevant part of the letter is as follows and Cashen is talking about Gwen McNeal here:

""She obtained approval from MCB before assuming a trustee position at New Horizons.""

Now is this true? If so just whom at MCB gave her the approval? Was it you? Was it Leemon Jones?

 

Was approval given in writing?

 

If so I request once again any and all documents related to this affair in accessible format and a timely manner which is as either Word attachments or plain text enclosures to my e-mail address listed above.

 

You know that is an ADA/504 request right? You know by now I'm blind right?

 

By the way if you don't think this is a conflict of interest then why did you Mr. Cannon file an ethics complaint which you can't deny and is in the public record against former MCB Commissioner Mark Eagle for conflicts of interest?

 

Sincerely,

 

Paul Joseph Harcz, Jr.

 

Cc: MCB Commissioners

Cc: Arwood, LARA

Cc: Craig McManus, RSA

Cc: NFB MI

 

Cc: Former Commissioners Mark Eagle, Donald Bowman, Jo Anne Pilarski, Gerri Taeckens

 

 



From:   joe harcz Comcast <joeharcz at comcast.net>

Sent:    Tuesday, December 27, 2011 10:45 PM

To:       Haynes, Carla (LARA)

Cc:       Farmer, Mel (LARA); Arwood, Steve  (LARA); John Scott MCB Comm.; 

lydia Schuck MCB Comm.; Larry Posont MCB Comm.; Craig McManus 

RSA; nfbmi-talk at nfbnet.org

Subject:           this is a foia request!

 

December 27 2011 FOIA Request New Horizons MCB

 

Paul Joseph Harcz, Jr.

1365 E. Mt. Morris Rd.

Mt. Morris, MI  48458

810-516-5262

 

To:

 

Carla Hanes

Mel Farmer

LARA/MCB FOIA

(Via e-mail)

 

Dear Ms. Haynes and Mr. Farmer,

 

I am writing today to request any written communications during the period of November 6, 

2011 and December 27, 2011 from any staff of the Michigan Commission for the Blind, but most especially Gwen McNeal, MCB East Region Supervisor, Patrick D. Cannon, MCB Director (or his Administrative Aid, Susan Luzenski) and any personnel or Board member or agents of New Horizons Rehabilitation Services, Inc. related to any alleged conflicts of interests related to Ms. McNeal serving on the Board of Trustees of New Horizons.

 

I certainly would love any e-mails, as well as any print correspondences.

 

Thank you for your prompt response to this inquiry.

 

Sincerely,

 

Paul Joseph Harcz, Jr.

 

Cc: Members MCB Board

Cc: S. Arwood, LARA Deputy Director

Cc: Craig Mcmanus, RSA

Cc: NFB MI
From: joe harcz Comcast [mailto:joeharcz at comcast.net] 
Sent: Thursday, December 29, 2011 4:01 PM
To: Cannon, Patrick (LARA)
Cc: Larry Posont MCB Comm.; lydia Schuck MCB Comm.; John Scott MCB Comm.; Arwood, Steve (LARA); nfbmi-talk at nfbnet.org; Craig McManus RSA; Elmer Cerano MPAS
Subject: who works for whom here?

 

ADA 504 Request Related to Correspondence of Director Cannon

 

Paul Joseph Harcz, Jr.

1365 E. Mt. Morris Rd.

Mt. Morris, MI  48458

joeharcz at comcast.net

 

Not a Freedom of Information Act Request as This Relates to an MCB Meeting

 

To: Patrick Cannon

Director, Michigan Commission for the Blind

Via e-mail

 

Dear Mr. Cannon,

 

I am writing expressly to get any correspondence between yourself, or any subordinates and the law firm representing New Horizons Rehabilitation Services, Inc that you used as  your response to Commissioner Schuck in her inquiries related to apparent conflicts of interests, or appearances of them related to the fact that East Region Supervisor Gwen McNeal serves on New Horizons Board of Trustees and the fact that MCB, Macomb ISD and New Horizons was cited for "reversion to vender" in the RSA monitoring report.

 

Again Ms. Schuck did ask you whether the opinion that this was not a conflict of interest came from the Michigan Attorney General's office or other State of Michigan legal sources and you responded that the opinion came from New Horizon's lawyers.

 

This is quite clear on the recording of that meeting that has been highly circulated on the internet.

 

Anyway I want those correspondences in accessible format of course as I'm blind as you know and you know the format too.

 

I openly wonder though just who in the heck really runs outfits that are federally funded like MCB work for in this strange event. I mean does the New Horizon's private law firm offer legal advice routinely about things that relate to MCB and other State of Michigan affairs? By the way what is the name of this law firm and just who in the heck gave you the legal advice you reference on the issue?

 

Perhaps this should go to the State of Michigan Ethics Board?

 

Again I want those correspondences and again you have some explain to do sir.

 

Sincerely,

 

Paul Joseph Harcz, Jr.

 

Cc: MCB Commissioners

Cc: NFB MI

Cc: S. Arwood, LARA

Cc: RSA 

 

 



DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

MICHIGAN COMMISSION FOR THE BLIND

FREEDOM OF INFORMATION ACT INVOICE

 

 

NAME AND ADDRESS OF REQUESTER:

Mr. Paul Joseph Harcz, Jr.

E-mail: joeharcz at comcast.net

1365 E. Mt. Morris Rd.

Mt. Morris, MI 48458

 

REQUEST RECEIVED:  December 28, 2011, January 3, 2012 and January 9, 2012

TYPE OF REQUEST:  Email

REQUEST PARTIALLY DENIED:  No

EXEMPT INFORMATION WITHHELD/REDACTED:  To be determined

EXTENDED RESPONSE NOTICE ISSUED:  Yes on the December 28, 2011 and January 3, 2012

REQUESTED INFORMATION WILL BE:  Emailed/Invoiced For Partial Payment

ACCOUNT CODE:  Index:                               PCA:

 

DLARA CONTACT:  Melvin Farmer, Central FOIA Coordinator (517) 373-0194

Ottawa Building, 4th Floor, 611 W. Ottawa, Lansing, MI  48909

The FOIA provides that the department may charge a fee to comply with requests for public records.  The processing fee is composed of hourly wages and benefit costs of the lowest paid employee(s) capable of processing the request; the duplication of records at assessed costs per page; mailing costs; and other related special costs.  Prior to searching and copying requested records, the department may request full payment or 50% of the estimated costs exceeding $50.00 with the balance required before mailing the records.  Assessed costs are related to your request for:

 

I am writing today to request any written communications during the period of November 6, 2011 and December 27, 2011 from any staff of the Michigan Commission for the Blind, but most especially Gwen McNeal, MCB East Region Supervisor, Patrick D. Cannon, MCB Director (or his Administrative Aid, Susan Luzenski) and any personnel or Board member or agents of New Horizons Rehabilitation Services, Inc. related to any alleged conflicts of interests related to Ms. McNeal serving on the Board of Trustees of New Horizons.

and

I am writing expressly to get any correspondence between yourself, or any subordinates and the law firm representing New Horizons Rehabilitation Services, Inc that you used as  your response to Commissioner Schuck in her inquiries related to apparent conflicts of interests, or appearances of them related to the fact that East Region Supervisor Gwen McNeal serves on New Horizons Board of Trustees and the fact that MCB, Macomb ISD and New Horizons was cited for "reversion to vender" in the RSA monitoring report.

and

""She obtained approval from MCB before assuming a trustee position at New Horizons.""

Now is this true? If so just whom at MCB gave her the approval? Was it you? Was it Leemon Jones?

 

Was approval given in writing?

 

If so I request once again any and all documents related to this affair in accessible format and a timely manner which is as either Word attachments or plain text enclosures to my e-mail address listed above.

 



INVOICE CALCULATIONS

 

LABOR 

        Locating and Duplicating Cost:  

                Number of Hours: 15 times Hourly Rate: $25.10 = Amount: $376.50

        Examining and Extracting Cost:  

                Number of Hours: 4 times Hourly Rate: $25.10 = Amount:  $100.40

TOTAL LABOR:                                                                                                                                                                                    $476.90

POSTAGE (estimate):                                                                                                                                                                                $0

DUPLICATING:  Number of Pages times Copying Rate of $.25                                                                                                  $0

OTHER (overtime, audio tapes, discs, photos, security, etc.):                                                                                                  $0

SUBTOTAL:                                                                                                                                                                                          $476.90

Less waived indigency fee under FOIA Act MCL 15.234 Section 4(1)                                                                          ($20.00)

INVOICE TOTAL:                                                                                                                                                                                $456.90

 

DEPOSIT*                                                                                                                                                                                             $228.45

 

BALANCE TO BE PAID:                                                                                                                                                                     $228.45

 

 

Make check or money order payable to:               STATE OF MICHIGAN

Remit to:                             Department of Licensing And Regulatory Affairs

Office Services Mailroom

7150 Harris Drive, PO Box 30015

Lansing, MI  48909

 

RETURN ORIGINAL COPY OF THIS INVOICE WITH YOUR PAYMENT

 

*Please note that if a deposit is requested, the indicated amount is an estimate of the cost of complying with your request.  The actual cost may vary somewhat from this amount.

 

 

 

 

 

 

Carla Miller Haynes

DLARA Michigan Commission for the Blind

201 N. Washington Sq., 2nd Floor

P.O. Box 30652

Lansing, MI  48909

Phone:  517/373-2063

FAX: 517/335-5140

 

www.michigan.gov/mcb
-------------- next part --------------
A non-text attachment was scrubbed...
Name: Response of 1-20-12.doc
Type: application/msword
Size: 77824 bytes
Desc: not available
URL: <http://nfbnet.org/pipermail/nfbmi-talk_nfbnet.org/attachments/20120120/0efc3a19/attachment.doc>


More information about the NFBMI-Talk mailing list