[nfbmi-talk] Fw: FOIA Response to Request Received 7-11-12 / Recording of State Plan Mtg. of 7-9-12
joe harcz Comcast
joeharcz at comcast.net
Fri Jul 20 13:52:32 UTC 2012
----- Original Message -----
From: joe harcz Comcast
To: Farmer, Mel (LARA)
Sent: Friday, July 20, 2012 9:49 AM
Subject: Re: FOIA Response to Request Received 7-11-12 / Recording of State Plan Mtg. of 7-9-12
You again have a 1983 violation against you. Thank you very much for your continued abuse of my personal civil rights defined under federal laws like the ADA and Section 504 that are documented fastistiously in these innane responses.
In other words abuse of the FOIA as you and others have done is state law and does not trump for the umpteenth time federal civil rights laws that are derived from the United States Constitution like the ADA and 504 of the Rehabilitation Act of 1973.
In other words and in plain American English you bigot, Federal civil rights laws trump state laws every day, or are supposed to.
But you bureaucratic bullies at the public trough continue to violate all that is right and constitutional in this and these regards.
My utter contempt against you personally and for the entire State of Michigan for its chronic and abusive and malicious violations of my and the entire class of people with disabilities over now decades and represented in this fraud of a non-response all documented cannot be expressed in words.
But, by all that is at my limited disposal I will sue you personally and others for systemic and specific violations of my civil rights along with, of course those of all people with disabilities engaging this scofflaw state!
I'll take you and the evil apparatchik down if it is the last thing I do you bigot!
Joe Harcz
----- Original Message -----
From: Farmer, Mel (LARA)
To: 'joe harcz Comcast'
Cc: Haynes, Carla (LARA) ; Cannon, Patrick (LARA)
Sent: Friday, July 20, 2012 9:33 AM
Subject: RE: FOIA Response to Request Received 7-11-12 / Recording of State Plan Mtg. of 7-9-12
Mr. Harcz, pursuant to MCL 15.233, Section 3(1) of the Michigan Freedom of Information Act (FOIA), a FOIA request is described as "a written request that describes a public record sufficiently to enable a public body to find the public record." This means that if the written request describes the record with enough detail so that a trained public employee can locate it with reasonable effort, it is a FOIA request; even if the request is vague and the results are broad and over burdensome.
Thusly, based on the above, the Department has the discretion/obligation to treat and process each "written request" received as a FOIA request under the state's FOIA statute, regardless of the requester's proclamations that his/her request is not being made under the state's FOIA. Written requests for public records that state that they are being made under the federal FOIA or other federal regulation/statute (ADA, 504, etc) are still processed under the state's FOIA provisions in accordance appropriate state and federal accessibility standards.
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From: joe harcz Comcast [mailto:joeharcz at comcast.net]
Sent: Friday, July 20, 2012 8:56 AM
To: Haynes, Carla (LARA)
Subject: Re: FOIA Response to Request Received 7-11-12 / Recording of State Plan Mtg. of 7-9-12
Please be apprised that this was not and I repeat not a FOIA request, but rather a request for documents and information relative to my civil rights laws; namely the ADA and 504.
The stalling and obfuscations and use of a state law to undermine a federal civil rights law is on its face a violation of my civil rights and is documented to be so in this and other similar responses.
Joe Harcz
----- 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: Friday, July 20, 2012 8:37 AM
Subject: FOIA Response to Request Received 7-11-12 / Recording of State Plan Mtg. of 7-9-12
July 20, 2012
Mr. Paul Joseph Harcz, Jr.
E-mail: joeharcz at comcast.net
1365 E. Mt. Morris Rd.
Mt. Morris, MI 48458
Re: Recording of State Plan Meeting of July 9, 2012 & ADA Complaint
Dear Mr. Harcz, Jr.:
This email is in response to your July 10, 2012, email request for copies of public records, received on July 11, 2012, in this office. 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 as described in your email as: "the recording of the State Plan Hearing held yesterday at the State Library in Lansing. I make this request in accordance with known responsibilities to make such recordings available under both the public hearings requirements of The Rehabilitation Act of 1973 (Title I) and the "auxiliary aids and services" provisions in Section 504 of that same act." A copy of your email is also attached.
Your request is granted as to existing, nonexempt records in the possession of this department responsive to your request. As the MP3 file of this recording is too large to send as an email and as I also have received several other requests from you that the Department will be taking as FOIA requests that ask for the same or very similar information pertaining to recordings and information on the State Plan Meetings, I will be sending this information on a flash drive to you with pre-paid postage in the US mail.
In regards to your statement of complaint on raised character and Braille signage, the Department of Licensing and Regulatory Affairs has a complaint form for Title II ADA complaints. I have attached it below or you can go to the following website:
http://www.michigan.gov/documents/ADA_Title_II_Concern_Process_169262_7.pdf
If this link does not work, you can go to www.michigan.gov/lara, then under "Quick Links", then "File a Complaint", then Americans with Disabilities Act Complaint Form".
In regards to complaints with other State of Michigan Departments, if you go to www.michigan.gov and search for ADA Complaint, you will see links to various other State of Michigan Department's complaint processes.
Sincerely,
Carla Miller Haynes, FOIA Coordinator
Michigan Commission for the Blind
Attachments:
1. Email of 7-10-12
cc: Patrick Cannon
Mel Farmer
Susan Turney
Elsie Duell
Christopher Lautner
From: joe harcz Comcast [mailto:joeharcz at comcast.net]
Sent: Tuesday, July 10, 2012 5:08 PM
To: Cannon, Patrick (LARA)
Cc: Zimmer, Mike (LARA); Craig McManus RSA; Sally Conway USDOJ; OCR Cleveland Office; MARK CODY; nfbmi-talk at nfbnet.org; Joe Sibley MCBVI Pres.; Larry Posont MCB Comm.; lydia Schuck MCB Comm.; John Scott MCB Comm.
Subject: request and discrimination complaint
Request Recording MCB State Plan Hearing July 9 2012
And ADA/504 Complaint
Paul Joseph Harcz, Jr.
1365 E. Mt. Morris Rd.
Mt. Morris, MI 48458joeharcz at comcast.net
To
Patrick Cannon, Michigan commission for the Blind
Michael Zimmer, Michigan LARA
Via e-mail
Sirs,
I am writing today to request the recording of the State Plan Hearing held yesterday at the State Library in Lansing. I make this request in accordance with known responsibilities to make such recordings available under both the public hearings requirements of The Rehabilitation Act of 1973 (Title I) and the "auxiliary aids and services" provisions in Section 504 of that same act.
You may send this recording as an mp3 file on a "flashcard" to my mailing address listed above.
By the way the meeting violated the program access requirements of the Americans with Disabilities Act of 1990, Title II, and similar requirements for accessible meetings required by the Rehabilitation Act in that there was no and I repeat no raised character and Braille signage in accordance with the Americans with Disability Act Guidelines (3.40.1, 4, 5, 6).
I don't understand what this state doesn't realize about the long standing requirement to have all permanent rooms, including room numbers so identified and most especially for agencies that offer vocational rehabilitation services and hold said public hearings like the one yesterday. It is inexcusable that this facility which houses the Braille and Talking Book library and was used for this public hearing so egregiously and maliciously violates the ADA now nearly twenty two years after it was enacted.
Thus this stands as a complaint and documentation of a complaint for systemic, willful, and malicious discrimination against the entire class.
It also invalidates these so-called public hearings!
Yu Mr. Cannon as the former head of the United States Access Board and State of Michigan ADA coordinator should be ashamed for such ongoing acts of discrimination!
Sincerely,
Paul Joseph Harcz, Jr.
Cc: MCB Commissioners
Cc: MCBVI
Cc: OCR, Ed.
Cc: DOJ Civil Rights Division, Disabilities Rights Section
Cc: NFB
Cc: Richard Bernstein, Esq.
Cc: Mark Cody, MPAS
Cc: Great Lakes "TAC"
Cc: RSA
State of Michigan
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
Notice of Compliance with
Title II of the
Americans with Disabilities Act
The Michigan Department of Licensing and Regulatory Affairs (LARA) does not discriminate on the basis of disability in admission to, access to, or operations of its programs, services or activities. This notice is provided as required by Title II of the Americans with Disabilities Act (ADA) of 1990.
Questions, concerns, complaints or requests for additional information regarding the ADA may be forwarded to the designated ADA Title II Coordinator.
Title: ADA Title II Coordinator
Office Address: 611 West Ottawa, Ottawa Building, 4th Floor
Lansing, MI 48909
Phone Number: 517-241-1449
E-Mail: THOMASD5 at Michigan.gov
Day / Hours available: Normal Business Hours
Individuals who need auxiliary aids for effective communication in programs and services of the Department of Licensing and Regulatory Affairs are invited to make their needs and preferences known to the ADA Coordinator.
This Notice is available in an alternative format from the Department ADA Coordinator.
Title II of the Americans with Disabilities Act
Complaint Process Notice
NOTICE REQUIREMENTS
All Title II governmental agencies or entities are required to post notice informing the public of its ADA responsibilities. "A public entity shall make available to applicants, participants, beneficiaries, and other interested persons information regarding the provisions of this part and its applicability to the services, programs, or activities of the public entity, and make such information available to them in such manner as the head of the entity finds necessary to apprise such persons of the protections against discrimination assured them by the Act and this part" 28 CFR Section 35.106.
28 CFR Section 35.106 requires a public entity to provide enough information to applicants, participants, beneficiaries, and other interested persons to inform them of the rights and protections they have under the ADA and this regulation. Methods of providing this information include, for example, the printing of the information in handbooks, manuals, and pamphlets that are provided to the public to describe a public entity's programs and activities; the display of informative posters in service centers and other public places; or the broadcast of information by television or radio.
COMPLAINT PROCESS REQUIREMENTS
In compliance with the ADA, the Department of Licensing and Regulatory Affairs (LARA) has designated David K. Thomas as the department ADA Coordinator. In addition, Mr. Thomas has been designated as the ADA Title II (access to programs and services) Coordinator. The ADA Coordinator will investigate any complaint it receives that the department, or an agency or office within the department, is not following the ADA, either by not providing services, or by actions that would be forbidden by the ADA. The Department will provide the name, office address, and telephone number of the designated is ADA Coordinator to any person requesting this information. LARA has adopted and hereby publishing a complaint process that outlines fair and timely resolution of complaints claiming any action that would be prohibited by Title II of the ADA.
Title II of the Americans with Disabilities Act
Complaint Procedures
PROCEDURES
The ADA Complaint procedure is designed to informally resolve conflicts with State agencies involving allegations of discrimination in access to state government programs, services, and benefits for persons with disabilities under Title II of the ADA.
Each state department has named a department/agency ADA Coordinator(s). The first person you should contact in this procedure is the ADA Coordinator in the division or department where you believe a problem has occurred under Title II of the ADA. The ADA Coordinator may assign (designate) another person in the department to work with you to resolve your complaint.
If you need assistance in filing or writing your complaint, the division or department ADA Coordinator or designee will, at your request, help you locate an impartial advocate or representative not associated with their agency. Please specify any other reasonable accommodation you may require in order to effectively communicate your complaint. The complaint form must be filled out completely and filed with the division or department ADA Coordinator within 90 calendar days from the date of the alleged discriminatory action or practice.
Once you have completed the ADA Complaint Form on the next page, follow the steps listed after the complaint form for filing your complaint. It is important for you to keep copies of your original complaint, notifications or letters you receive after meeting with the department/agency, as well as any other correspondence or other documentation that is related to your complaint, and bring those copies to all meetings, reviews, and appeals related to your complaint.
Title II of the Americans with Disabilities Act Complaint Form
Instructions: Please fill out this form completely, in black ink or type. Sign and return to the address on page 3.
Complainant:
Address:
City, State and Zip Code:
Telephone: Home:
Business:
Person Making the Complaint:
(if other than the complainant)
Address:
City, State, and Zip Code:
Telephone: Home:
Business:
Agency which you believe has discriminated:
Name:
Address:
County:
City:
State and Zip Code:
Telephone Number:
When did the event occur? Date:
Describe the event providing the name(s) where possible for the individuals who were involved (use space on page 3 if necessary):
Has the complaint been filed with the Michigan Department of Civil Rights, US Department of Justice or any other Federal agency or court?
Yes______ No______
If yes:
Agency or Court:
Contact Person:
Address:
City, State, and Zip Code:
Telephone Number:
Date Filed:
Do you intend to file with another agency or court?
Yes______ No______
Agency or Court:
Address:
City, State and Zip Code:
Telephone Number:
Additional space for answers:
Signature: _________________________________________
Date: ________________________________
Return to:
ADA Title II Coordinator
Department of Licensing and Regulatory Affairs
Office Services Division
611 West Ottawa, Ottawa Building 4th floor
Lansing, MI 48909
STEPS FOR FILING YOUR Title II ADA COMPLAINT
Step 1: Fill Out and Deliver Your Complaint
Hand deliver or mail your complaint to the Department ADA Coordinator of the state agency where you believe the discrimination occurred (David K. Thomas for LARA). If you need assistance filling out the complaint form, you may request help through the Department ADA Coordinator.
a) If you need a reasonable accommodation, such as an interpreter or an alternative format, list this on your complaint form so the Department ADA Coordinator will be able to communicate effectively with you at your meeting.
b) If the agency that you are working with has a different complaint procedure, please complete that process before continuing this process.
Step 2: Meet with the Department ADA Coordinator
a) Within 10 business days after receiving your completed complaint, the department ADA coordinator will meet with you personally, or contact you by telephone.
b) Within 5 business days after this meeting, a copy of your complaint, and a brief report of the outcome of your meeting, will be forwarded to the State ADA Coordinator so that office is aware a complaint has been filed.
Step 3: Resolution of Your Complaint
a) If a satisfactory resolution is reached, a written agreement will be jointly developed and signed by you, the department ADA Coordinator and the director of the department/agency where the complaint was filed. The agreement of resolution will be issued to you within 10 business days. The written agreement will include:
1) A description of the complaint;
2) A finding of facts from the investigation of the complaint;
3) A description of how the complaint will be resolved;
4) When the complaint will be resolved;
5) An assurance that the department/agency will follow the specific terms of the agreement.
b) If the department/agency is unable to resolve the complaint with you, you will be notified of this non-resolution within 10 business days. The notification will include:
1) A description of the complaint;
2) A summary of any resolution proposed;
3) A statement addressing the issues that were not resolved at the meeting.
Step 4: Request for Review by the Michigan Department of Civil Rights
If a satisfactory resolution is not reached through the department/agency, you may then request a review of your complaint (appeal) by the Michigan Department of Civil Rights. Your request for review must be made within 10 business days after you receive your notification of non-resolution. This appeal must include a copy of your original complaint, as well as documentation from Step 3 b) failure to resolve your complaint at the department/agency level.
Your request for review must be filed on the attached form.
REQUEST FOR REVIEW OF DEPARTMENT
ADA COMPLAINT DECISION
Name:
Mailing Address:
Telephone (work) (fax)
State Department/Agency complaint is with:
Detailed Statement of the Reason(s) for Your Request for Review of the Decision Regarding Your Complaint:
NOTE: You MUST include a copy of your original complaint, as well as documentation of the results of your meetings with the department/agency coordinator, in order for this appeal to be considered by Michigan Department of Civil Rights.
Signature Date
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
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