[nfbmi-talk] Fw: FOIA Response to 7-13-12 Request - Pulbic Hearing Comments, Notes, Minutes

[joe harcz Comcast]

----- Original Message ----- 
From: joe harcz Comcast 
To: Haynes, Carla (LARA) 
Sent: Friday, July 20, 2012 9:29 AM
Subject: Re: FOIA Response to 7-13-12 Request - Pulbic Hearing Comments, Notes, Minutes


Listen and listen to me well hear. I demand my own and all written comments period and in accessible format made to MCB on these state plan hearings.

My own comments which are a part of the public record have gone viral on the internet which goes to the obfuscations, lies and outright and utter systemic violations of the ADA, 504 in these regards.

If you can't find them as you contest here Ms. Haynes you are in a word a "liar" and a documented liar at that.

I'm no longer playing any games with you or anyone in LARA.


  ----- 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) ; Jones, Leamon (LARA) ; Gaston, Diamalyn (LARA) 
  Sent: Friday, July 20, 2012 9:15 AM
  Subject: FOIA Response to 7-13-12 Request - Public Hearing Comments, Notes, Minutes


  July 20, 2012

   

  Mr. Paul Joseph Harcz, Jr.

  E-mail: joeharcz at comcast.net

  1365 E. Mt. Morris Rd.

  Mt. Morris, MI 48458

   

  Re:  State Plan Meetings, Public Hearing Comments, Notes, Minutes

   

  Dear Mr. Harcz, Jr.:

   

  This letter is in response to your July 13, 2012, email request for copies of public records, received on July 16, 2012.  Please be informed that the Department's Michigan Commission for the Blind (MCB) is processing this request under the state's Freedom of Information Act (FOIA), MCL 15.231 et seq.

   

  You have requested information you describe as:  "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 MCB 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 MCB  LARA  made no proper and adequate notice in any form except belatedly on its web site."  A copy of your email is also attached.

   

  Your request is denied as to existing, nonexempt records in the possession of this department responsive to your request pursuant to MCL 15.235, Section 5(4)(b) of the FOIA.  I certify that to the best of my knowledge, information or belief, no information exists related to "extremely illegal state plan hearings" as extremely illegal state plan hearings were not conducted.

   

  Under MCL 15.240 of the 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, Ottawa Building, 4th Floor, P.O. Box 30004, Lansing, MI 48909. Your appeal notice must include the word "appeal" and state the reason(s) for reversal of the 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 such action, the court shall award reasonable attorney fees, costs, and disbursements. If the court finds the Department's actions to be arbitrary and capricious, the court, in addition to any actual or compensatory damages, award punitive damages in the amount of $500.00.

   

  Sincerely,

   

  Carla Miller Haynes, FOIA Coordinator

  Michigan Commission for the Blind

   

  Attachments: 

  1.      Email of 7/13/12

   

  cc:     Patrick Cannon

            Mel Farmer

            Susan Turney

            Elsie Duell

            Leamon Jones

   

   

   



  From: joe harcz Comcast [mailto:joeharcz at comcast.net]  

  Sent: Friday, July 13, 2012 12:33 PM 

  To: Cannon, Patrick (LARA) 

  Cc: Craig McManus RSA; Carol Dobak; OCR Cleveland Office; MARK CODY; Elmer Cerano MPAS; Zimmer, Mike (LARA); Larry Posont MCB Comm.; lydia Schuck MCB Comm.; John Scott MCB Comm.; nfbmi-talk at nfbnet.org; Fredric Schroeder (by way of David Andrews<dandrews at visi.com>); valarie Barnum 

  Yarger MISILC 

  Subject: request all info related state plan mcb

   

  July 13 2012   Request MCB LARA 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.

   

   

  Patrick D. Cannon

  CENTRAL ADMINISTRATIVE OFFICE

  Michigan Commission for the Blind

  201 N. Washington, 2nd Floor

  P.O. Box 30652

  Lansing, MI 48909

  Phone (voice): (517) 373-2062

  Fax: (517) 335-5140

  TTY (517) 373-4025

  Toll-Free Numbers:

  1-800-292-4200 (voice, answered in Lansing)

  1-800-323-2535 (voice, answered in Escanaba)

  TTY 888-864-1212

  (Sent via e-mail)

   

   

   

  Dear  Mr. Cannon,

  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 MCB  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 MCB  LARA  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. Which you didn't have by the way as that would violate the surcharge provisions of the ADA and 504.


   

  But you should and do know of your substantial violations Mr. Cannon as you are the State of Michigan ADA Coordinator, Director of the Michigan  Commission for the Blind for crying out loud and the former Chair of the United States Access Board!

   

  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: OCR, Ed.

    

  Cc: Michael Zimmer, Licensing and Regulatory Affairs

  Cc: Michigan Protection and Advocacy Services

  Cc: D. Gaston as Comments to State Plan Itself

   

   

   

  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