[nfbmi-talk] Fw: reiterated request info

[joe harcz Comcast]

----- Original Message ----- 
From: Farmer, Mel (LARA) 
To: 'joe harcz Comcast' 
Cc: Haynes, Carla (LARA) ; Cannon, Patrick (LARA) ; Arwood, Steve (LARA) ; Brown, Melanie (LARA) ; Jenks, Rita (LARA) ; Zimmer, Mike (LARA) 
Sent: Thursday, July 05, 2012 12:16 PM
Subject: FW: reiterated request info


 

July 5, 2012

 

Mr. Paul Joseph Harcz

1365 E. Mt. Morris Rd

Mt. Morris, MI 48458

 

RE: Freedom of Information Act Request/Arwood RSA Communications

 

Dear Mr. Harcz:

 

This notice is in response to your July 4, 2012 email (attached) to me entitled "reiterated request info" requesting copies of existing, nonexempt public records under the state's Freedom of Information Act (FOIA), MCL 15.231 et seq., you specifically describe in your attached March 6, 2012 email as:

".any correspondence between LARA Deputy Director Steven Arwood and the United States 

 Department of Education Rehabilitation Services Administration relative to violations of 

 various aspects of the Rehabilitation Act of 1973 and the Randolph Shepard Act in Executive 

 Order 2012-2. The correspondences at issue will be after the order was invoked roughly at the 

 end of February and to the present time."

 

Please be informed that, pursuant to MCL 15.235, Sections 5(2)(b) and 5(4)(b) of the state's FOIA, your request is denied. After a search, to the best of the Department's knowledge, information, and belief, I certify that the specific public records you request do not exist under the name given by you, or another name reasonably known to the Department.

 

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. Your appeal must include the word "appeal" and identify the reason(s) for reversal of any disclosure denial(s); or (2) you may seek judicial review in circuit court within 180 days of the Department's final determination. If you prevail in court action, you may be awarded reasonable attorney fees, costs, and disbursements. If the court finds the Department's actions to be arbitrary and capricious, the court shall award, in addition to any actual or compensatory damages, punitive damages in the amount of $500.00.

 

Sincerely, 

/s/Melvin Farmer, Jr.

Central FOIA Coordinator 

 

 


--------------------------------------------------------------------------------

From: joe harcz Comcast [mailto:joeharcz at comcast.net] 
Sent: Wednesday, July 04, 2012 8:00 AM
To: Farmer, Mel (LARA)
Cc: nfbmi-talk at nfbnet.org; Craig McManus RSA; Larry Posont MCB Comm.; John Scott MCB Comm.; lydia Schuck MCB Comm.
Subject: reiterated request info

 

March 6 2012 FOIA Related to Arwood RSA Communications

 

Paul Joseph Harcz, Jr.

1365 E. Mt. Morris Rd.

Mt. Morris, MI 48458

810-516-5262

joeharcz at comcast.net

 

Melvin Farmer

Freedom of Information Act (FOIA)

Michigan Department of Licensing and Regulatory Affairs (LARA)

(Via e-mail)

 

 

Dear Mr. Farmer,

 

 

I am writing today to request any correspondences between LARA Deputy Director Steven Arwood and the United States Department of Education Rehabilitation Services Administration relative to violations of various aspects of the Rehabilitation Act of 1973 and the Randolph Shepard Act in Executive Order 2012 -2. The correspondences at issue will be after the order was invoked roughly at the end of February and to the present date.

 

Moreover, as a blind person I am requesting these documents without surcharge or without illegally invoking the "undue hardship" provisions, as you've done in the past in my most effective format pursuant to known obligations of the Americans with Disabilities Act (Title II, subpart e, communications), and Section 504 of the very Rehabilitation Act of 1973 which you, and, indeed Mr. Arwood continually violate.

 

To wit: promptly remit these documents as simple Word attachments and/or plain text enclosures to my e-mail address listed above.

 

Failure to do so will constitute deliberate indifference to known civil rights laws and you may well be sued under Section 1983 (42USC1983) individually as a Stat actor violating my civil rights maliciously and with malice of forethought for monetary damages relative to this and past acts of discrimination and civil rights violations against my person..

 

Sincerely,

 

 

Paul Joseph Harcz, Jr.

 

Cc: MCB Commissioners

Cc: NFB MI

Cc: MCBVI

Cc: MRC Members

Cc: Elmer Cerano, Mark Cody MPAS

Cc: RSA

Cc: United States Department of Justice

Cc: Richard Bernstein, Esq.

Cc: Michigan senator John Gleason

Cc: Senators Debbie Stabinow and Carl Levin

Cc: Rep. Dale Kildee

Cc: Michigan ACLU

Cc: ADAPT MI

 

 

Cc: UAW 6000