[nfbmi-talk] Fw: request rsa zimmer information

Tue Jul 31 16:30:31 UTC 2012

----- Original Message ----- 
From: Farmer, Mel (LARA) 
To: 'joe harcz Comcast' 
Cc: Haynes, Carla (LARA) ; Cannon, Patrick (LARA) ; Luzenski, Sue (LARA) 
Sent: Tuesday, July 31, 2012 12:27 PM
Subject: FW: request rsa zimmer information

July 31, 2012 

Paul Joseph Harcz, Jr.

1365 E. Mt. Morris Rd

Mt. Morris, MI 48458

joeharcz at comxast.com

RE: All Correspondences Between RSA and Michael Zimmer LARA 

Dear Mr. Harcz:

This notice is in response to your July 25, 2012 emailed request (attached) to Mr. Mike Zimmer requesting copies of existing, nonexempt public records you describe as ".any and all correspondences relative to the development of Michigan Commission for the Blind "State Plan" between Michigan Department of Licensing and Regulatory Affairs and any personnel of the United States Department of Education Rehabilitation Services Administration.between February 1 of this calendar year to present date." 

Please be informed that this request is being processed under the state's Freedom of Information Act (FOIA), MCL 15.231 et seq. Thusly, pursuant to MCL 15.235, Section 5(2)(c) of the state's FOIA, your request is partially granted and partially denied.

As regards the granted portion of your request, attached are copies of the correspondence regarding the MCB State Plan responsive to your request.

As regards the denied portion of your request, the Department redacted from the attached records personal information (home email address) exempt from disclosure per MCL 15.243, Section 13(1)(a) of the state's FOIA. 

Under MCL 15.240 of the state's FOIA, you may, (1) appeal the denial of disclosure regarding any portion of your 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 48909. Your written appeal must include the word "appeal" and identify the reason(s) for reversal of the denial(s); or (2), you may seek judicial review in circuit court within 180 days after the Department's final determination. If you prevail in such action, the court may award you 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.

Attachments

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

  From: joe harcz Comcast [mailto:joeharcz at comcast.net] 
  Sent: Wednesday, July 25, 2012 11:45 AM
  To: Zimmer, Mike (LARA)
  Cc: Cannon, Patrick (LARA); Craig McManus RSA; Carol Dobak; daniel.frye at ed.gov; MARK CODY; Farmer, Mel (LARA); Haynes, Carla (LARA); lydia Schuck MCB Comm.; John Scott MCB Comm.; Larry Posont MCB Comm.; nfbmi-talk at nfbnet.org; Vendorsmi at nfbnet.org
  Subject: request rsa zimmer information

  July 25 2012 Request Zimmer Correspondences with RSA

  Paul Joseph Harcz, Jr.

  1365 E. Mt. Morris Rd.

  Mt. Morris, MI 48458

  810-516-5162

  joeharcz at comcast.net

  Re: All correspondences between RSA and Michael Zimmer LARA to and from

  (Several: via e-mail)

  To All (re: cc line),

  I am requesting any and all correspondences relative to the development of the Michigan Commission for the Blind "State Plan" between Michigan Department of Licensing and Regulatory Affairs and any personnel of the United States Department of Education Rehabilitation Services Administration, This should cover the period of time between February 1 of this calendar year to the present date.

  It should include all technical assistance, and in fact simply should include any document period.

  As a person who is blind I submit that all these documents from both the State of Michigan and from RSA itself being entities covered by the Rehabilitation Act of 1973, and its civil rights component, Section 504 remit these documents immediately if not sooner in accessible format and without delay or surcharge (again I'm invoking the "auxiliary aids and services provisions of Section 504 here).

  Said documents may simply be sent to my e-mail address listed above as either/or Word attachments or plain text enclosures or simply electronically "cced" to my e-mail address.

  Again I'm invoking, as a person who is blind my rights to receive this information in accessible format and a timely manner pursuant to obligations of both the Federal Government (RSA) and the recipient of federal funds (LARA).

  Violations of this on behalf of RSA will result in a Bevin's action.

  Violations of this by any personnel of the State of Michigan will result in other actions up to and including 42USC1983 actions against personnel including Mr. Zimmer himself. .

  Frankly it is about time the civil rights laws of this land were followed by recipients of federal funds.

  Sincerely,

  Paul Joseph Harcz, Jr.

  Cc: MCB Commissioners

  Cc: OCR, Ed.

  Cc: RSA

  Cc: OCIO RSA

  Cc: LARA, several

  Cc: several attorneys at law

  Cc: several media outlets

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