[nfbmi-talk] Fw: FOIA Response to Email Correspondence Relative to MCBTC Accessibility

Mon Jul 30 20:49:32 UTC 2012

----- 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: Monday, July 30, 2012 4:24 PM
Subject: FOIA Response to Email Correspondence Relative to MCBTC Accessibility

July 30, 2012

Mr. Paul Joseph Harcz, Jr.

E-mail:  joeharcz at comcast.net

1365 E. Mt. Morris Rd.

Mt. Morris, MI  48458

Subject:  ADA Information on MCBTC Accessibility

Dear Mr. Harcz, Jr.:

This letter is in response to your June 30, 2012, email request for copies of public records received on July 1, 2012, of which a ten day extension was taken to July 23, 2012.  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.

You have requested information that you describe as:

"I am writing you today to request all e-mail correspondences to any personnel in any agency of state government relative to the requirements of making the Michigan Commission for the Blind training Center fully accessible to all people with disabilities including provisions of the Americans with Disabilities Act especially considering the recent $3.5 million major alteration to it.

"Specifically I want any correspondences at a minimum relative to the absence of raised character and Braille signage on every permanent room required by American with Disabilities Act Guidelines (ADAAG) 3.40.1, 4, 5, 6.

"Also since these were deficient at the MCB meeting of March, 2012 held at that location how do you explain your violations of even 

FOIA - P.J. Harcz, Jr.

July 30, 2012

Page 2 of 4

the program access requirements for fully accessible public meetings required not only by the ADA, but also required in both Title I and Section 504 of the very Rehabilitation Act of 1973 that creates and funds MCB to begin with? This was under your watch sir as head of the entity. The contracts and all were signed when you were the State of Michigan ADA coordinator.

These are gross violations in documented fashion of my and other's civil rights. And these rights are long standing as the ADA is about to celebrate its 22nd Anniversary on paper that is, but is clearly not implemented by you and other state agencies here in Michigan under your ever so watchful eye.

"Regardless, send me at minimum your recent correspondences with Ms. Christine Boone, Michael Zimmer and others in this fantastic story of how an agency for the blind is not fully accessible to the blind even to the point of knowing which bloody room one who is blind is going to at the very MCB Training center where indeed people are supposed to learn the skills of blindness including Braille!"

In response to your request for "all e-mail correspondences to any personnel in any agency of state government." and "any correspondences at a minimum relative to the absence of raised character and Braille signage on every permanent room.", your request is denied as to existing, nonexempt records in the possession of the Department, pursuant to MCL 15.233, Section 3(1) of the state's FOIA , as this request is overly broad in scope and fails to sufficiently describe what documentation you are requesting.

If we take literally your request for "all email correspondences to any personnel in any agency of state government relative to the requirements of making the Michigan Commission for the Blind Training Center fully accessible to all people with disabilities." we would need to charge costs 

FOIA - P.J. Harcz, Jr.

July 30, 2012

Page 3 of 4

of approximately $20,080.00 based on 4,000 employees under the Department of Licensing and Regulatory Affairs (12 minutes x 4,000 employees = 48,000 minutes = 800 hours x $25.10 per hour) as a failure to charge would result in unreasonably high costs to the Department (under MCL 15.234, Section 4(3) of the FOIA).

With regards to the portion of your request asking the question, ".how do you explain your violations of even the program access requirements for fully accessible public meetings.", pursuant to MCL 15.233, Section 3(5) of the state's FOIA, please be informed that the purpose of the FOIA is to provide the public with access to existing, nonexempt public records of public bodies. It is not the purpose of the FOIA to secure answers to questions ("make a compilation, summary or report of information") from a public body.

With regards to the portion of your request described as:  "send me at minimum your recent correspondences with Ms. Christine Boone, Michael Zimmer and others . . . of how an agency for the blind is not fully accessible to the blind.", your request is denied as to existing, nonexempt records in the possession of the Department falling within the scope of your request, subject to MCL 15.233 of the FOIA.  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.  Since "others" does not sufficiently describe a public record in which to search for correspondence, this part of your request cannot be granted.

In light of the possible cost associated with your request, and due to the ambiguity of parts of your request (all e-mail correspondences to any personnel in any agency of state government.), as well as the need to interpret the intent of your request in order to determine how to search for 

records with which to respond ("send me at minimum your recent 

FOIA - P.J. Harcz, Jr.

July 30, 2012

Page 4 of 4

correspondences .of how an agency for the blind is not fully accessible to the blind."), we may be able to fulfill your request more expeditiously and

less costly if you can provide us with sufficient information specific enough to locate the public record in the future.

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

Attachment - Email Request

Cc:    Patrick Cannon

          Mel Farmer

          Susan Turney

          Elsie Duell

          Christopher Lautner

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

Sent: Thursday, July 05, 2012 2:47 PM

To:   MARK CODY

Cc:   Richard Bernstein Esq; Haynes, Carla (LARA); Farmer, Mel (LARA); OCR 

Cleveland Office; Sally Conway USDOJ; nfbmi-talk at nfbnet.org; lydia 

Schuck MCB Comm.; Larry Posont MCB Comm.; John Scott MCB 

Comm.; Zimmer, Mike (LARA)

Subject:    Fw: ada request complaint and documentation of same

Still no response whatsoever to this inquiry.

PJH

----- Original Message ----- 

From: joe harcz Comcast 

To: Patrick Cannon MCB Dir. 

Cc: Sue Luzenski MCB Admin Ass. ; Larry Posont MCB Comm. ; lydia Schuck MCB Comm. ; John Scott 

MCB Comm. ; nfbmi-talk at nfbnet.org ; zimmerm at michigan.gov ; Robin Jones ; Elmer Cerano MPAS ; 

MARK CODY ; Richard Bernstein Esq ; Craig McManus RSA 

Sent: Saturday, June 30, 2012 4:05 PM

Subject: ada request complaint and documentation of same

June 30 2012 ADA Information Request Cannon

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

And Former State of Michigan ADA coordinator

(Via e-mail)

Dear Mr. Cannon,

I am writing you today to request all e-mail correspondences to any personnel in any agency of state government relative to the requirements of making the Michigan Commission for the Blind training Center fully accessible to all  people with disabilities including provisions of the Americans with Disabilities Act especially considering the recent $3.5 million major alteration to it,.

Specifically I want any correspondences at a minimum relative to the absence of raised character and Braille signage on every permanent room required by American with Disabilities Act Guidelines (ADAAG) 3.40.1, 4, 5, 6.

Also since these were deficient at the MCB meeting of March, 2012 held at that location how do you explain your violations of even the program access requirements for fully accessible public meetings required not only by the ADA, but also required in both Title I and Section 504 of the 

very Rehabilitation Act of 1973 that creates and funds MCB to begin with? This was under your watch sir as head of the entity. The contracts and all were signed when you were the State of Michigan ADA coordinator.

These are gross violations in documented fashion of my and other's civil rights. And these rights are long standing as the ADA is about to celebrate its 22nd Anniversary on paper that is, but is clearly not implemented by you and other state agencies here in Michigan under your ever so watchful eye.

Regardless, send me  at minimum your recent correspondences with Ms. Christine Boone, Michael Zimmer and others in this fantastic story of how an agency for the blind is not fully accessible to the blind even to the point of knowing which bloody room one who is blind is going to at the very MCB Training center where indeed people are supposed to learn the skills of blindness including Braille!

By the way this also constitutes a complaint and documentation of said complaint!

Warmly,

Paul Joseph Harcz, Jr.

Cc: Michael Zimmer, LARA

Cc: RSA

Cc: MCB Commissioners

Cc: OCR

Cc: MPAS

Cc: Richard Bernstein, Esq.

Cc: National Federation of the Blind

Cc: Great Lakes "TAC"

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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