[nfbmi-talk] Fw: link to MCB2020 listserv archive

Fri Mar 9 18:29:19 UTC 2012

----- Original Message ----- 
From: Farmer, Mel (LARA) 
To: 'joe harcz Comcast' 
Sent: Friday, March 09, 2012 10:23 AM
Subject: FW: link to MCB2020 listserv archive

Mr. Harcz, thanks for alerting us to the problem that people outside of the state's system have in accessing the MCB listserv link. When the problem is resolved by DTMB, we will notify you.

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From: Turney, Susan (LARA) 
Sent: Friday, March 09, 2012 10:15 AM
To: Farmer, Mel (LARA); 'joe harcz Comcast'
Cc: Haynes, Carla (LARA); Blanche, Cindy (WDA)
Subject: RE: link to MCB2020 listserv archive

This link works on my computer and with two others I tested within the State of Michigan system, but two people outside the state system have told me that it doesn't work for them.  I've filed a problem report with DTMB to get this fixed.

Susan Turney

Communications & Outreach Coordinator, Michigan Commission for the Blind

-----Original Message-----
From: Farmer, Mel (LARA) 
Sent: Friday, March 09, 2012 9:15 AM
To: 'joe harcz Comcast'
Cc: Haynes, Carla (LARA); Turney, Susan (LARA); Blanche, Cindy (WDA)
Subject: RE: 

I have alerted the MCB regarding this problem for them to make the appropriate contacts with DTMB to determine/fix the problem.

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From: joe harcz Comcast [mailto:joeharcz at comcast.net] 
Sent: Friday, March 09, 2012 9:03 AM
To: Farmer, Mel (LARA)
Subject: Re: 

Dear Mr. Farmer,

This is what I get when I go to thelink you provided for the list serve archives:

Cannot find server

The page cannot be displayed

The page you are looking for is currently unavailable. The Web site might be experiencing technical difficulties, or you may need to adjust your browser
settings.

To attempt fixing network connectivity problems, click Tools, and then click "Diagnose Connection Problems..."

Other options to try:
List of 7 items (contains 1 nested list)
. Click the
refresh.gif (82 bytes)
Refresh button, or try again later.
. If you typed the page address in the Address bar, make sure that it is spelled correctly.
. To check your connection settings, click the Tools menu, and then click Internet Options. On the Connections tab, click Settings. The settings should
match those provided by your local area network (LAN) administrator or Internet service provider (ISP).
. See if your Internet connection settings are being detected. You can set Microsoft Windows to examine your network and automatically discover network
connection settings (if your network administrator has enabled this setting).
List of 3 items nesting level 1
1. Click the Tools menu, and then click Internet Options.
2. On the Connections tab, click LAN Settings.
3. Select Automatically detect settings, and then click OK.
list end nesting level 1
. Some sites require 128-bit connection security. Click the Help menu and then click About Internet Explorer to determine what strength security you have
installed.
. If you are trying to reach a secure site, make sure your Security settings can support it. Click the Tools menu, and then click Internet Options. On the
Advanced tab, scroll to the Security section and check settings for SSL 2.0, SSL 3.0, TLS 1.0, PCT 1.0.
. Click the
 Back
button to try another link.
list end

Cannot find server or DNS Error
Internet Explorer

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

  From: Farmer, Mel (LARA) 

  To: joe harcz Comcast 

  Cc: Cannon, Patrick (LARA) ; Haynes, Carla (LARA) ; Turney, Susan (LARA) 

  Sent: Thursday, March 08, 2012 1:29 PM

  Mr. Paul Joseph Harcz, Jr.

  1365 E. Mt. Morris Road

  Mt. Morris, MI 48458

  joeharcz at comcast.net

  RE: MCB 20/20 Listserv Records Request

  Dear Mr. Harcz:

  This notice is in response to your March 7, 2012 email (attached) to "several parties", including me, requesting copies of existing, nonexempt public records you describe as:

  --".all archives of the now defunct MCB 20/20 list serve."

  --".all documents censored by the moderators of this list."

  --".the complete archives of the MCB 20/20 list serve to be posted to a file server cite that is fully accessible; 

     and or to have every document made available to my person without any charge whatsoever in a timely and accessible manner."

  This request is being processed under the state's Freedom of Information Act (FOIA), MCL 15.231 et seq.

  Please be informed that per MCL 15.235, Section 5(2)(c) of the FOIA, your request is partially granted and partially denied disclosure. 

  After a search for existing, nonexempt public records, the to the best of the Department's knowledge, information, and belief, the Department has enclosed access to the records in its' possession responsive to your request. NOTE: As regards "censored documents", the Department/MCB did not maintain a list of items that were sent by you and then not posted to the Listserv; and in order to provide this information, the Department would have to search for and review all emails sent by you to the MCB 20/20 List Serv and then double check them against the archived files on the website. In accordance with MCL 15.234, Section 4(3) of the state and federal FOIA regulations/guidelines, failure to charge estimated costs for this search and review, in this particular instance, would result in unreasonably high costs and undue financial and administrative burdens to the Department.

  Following is information in our possession that is responsive to your request:

  ·   The MCB 2020 Listserv archive has existed for years as an online, public, 

       accessible archive at this link: http://listserv.michigan.gov/archives/mcb2020-l.html .  

      The MCB has requested DTMB to maintain this archive online even though the 

      listserv is no longer in operation.

  ·   As previously stated, the moderators of the listserv did not post certain emails that included namecalling, abusive content directed at any person, or discussion of current MCB litigation. Thusly, the Department, per MCL 15.235, Section 5(4)(b) of the state's FOIA, certifies that such emails not posted in the archive do not exist in the Department.

  Pursuant to MCL 15.240 of the state's FOIA, you may, (1) submit a written appeal regarding the denial of any portion of your request to 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 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 of the Department's final determination. If you prevail in court action, the court may award reasonable attorney fees, costs, and disbursements. If the court finds the Department's action 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,

  Melvin Farmer, Jr.

  Central FOIA Coordinator

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

  From: joe harcz Comcast [mailto:joeharcz at comcast.net] 
  Sent: Wednesday, March 07, 2012 1:06 PM
  To: Craig McManus RSA; Farmer, Mel (LARA); Haynes, Carla (LARA); senatorstabinow at senate.gov; Senator John Gleason; Luke Zelley TDN; Susan Fitzmaurice; Scott Heinzman ADAPT; Laura Hall; Elmer Cerano MPAS
  Cc: Brenda Bove, MI ACLU; Kary Moss ACLU MI; Mike Zelley TDN; Richard Bernstein Esq; Larry Posont MCB Comm.; lydia Schuck MCB Comm.; John Scott MCB Comm.; Cannon, Patrick (LARA); blind democracy List; nfbmi-talk at nfbnet.org; Joe Sibley MCBVI Pres.
  Subject: what about that first amendment anyways eh?

  March 7, 2012

  Paul Joseph Harcz, Jr.

  1365 E. Mt. Morris Rd.

  Mt. Morris, MI 48458

  joeharcz at comcast.net

  To: Several Parties vis a vis Document Retention, first Amendment, and MCB 2020 list serve

  To Several:

  Including Michigan Commission for the Blind director and FOIA Several Parties

  (Via E-mail. ()

  All,

  I'm writing today to request all archives of the now defunct MCB 20/20 list serve and and that includes submissions made by myself that were censorred in stark violation of civil and Constitutional rights.   in stark violation of the First Amendment of the United States Constitution. Moreover, I am writing today for the memorandum or any other document from any state actor in regards to the elimination of this list serve including, but not exclusive of Patrick D. Cannon, LARA Personnel including Steve Arwood, Mike Zimmer, etc., and so on and so forth. (re: ludicrous and unilateral note of Susan Turney after my signature line. Also folks might denote the wonderful notations in the print media, broadcast media and in submissions to the United States Department of Education, relative to MCB's State Plan relative to the "inclusion", so on and so forth related to the MCB 20/20 process including this very list serve and the denotations over years where this was supposed to be a vehicle for not only discussion but accessible discussion in compliance  with the Americans with Disabilities Act of 1990 and with Section 504 of the Rehabilitation Act of 1973.

  Moreover I wish to have at my ready and included in this request for information all documents censored by the moderators of this list serve including past moderators (Sherry Hiebeck, Susan Turney, et al related to my known contributions to this list that were censorred  red in violation of the First Amendment of the united States Constitution, some of which are in the hands of the internet as cached files and others in the hands of theACLU amongst others.

  Now, once again I ask for any and all data related to this request in accessible format and without surcharge which would be in violation of federal civil rights laws (ADA/504) as well you now know.

  To wit: I ask for the complete archives of the MCB 20/20 list serve to be posted to a file server cite that is fully accessible; and or to have each and every document submitted made available to my person without any charge whatsoever in a timely and accessible manner.

  If you, Mr. Farmer or any other personnel think this is an "undue hardship" then look deeper at the laws at issue and don't bury yourselves further in the dust.

  For any action or violation of law and equity in these regards are indeed civil rights violations and actionable under 42USC1983 not only against the entities but against you as a state actor, as indeed are other torts against other individuals for civil rights violations made maliciously.

  Sincerely,\

  Paul Joseph Harcz, Jr.

  ----- Origin

  (The attachment and issue in question here:)

  al Message -----

  From:

  Turney, Susan (LARA)

  To:

  MCB2020-L at LISTSERV.MICHIGAN.GOV

  Sent: Friday, February 10, 2012 3:34 PM

  Subject: MCB Vision 2020 Listserv no longer in operation, effective Wednesday, February 15, 2012

  Effective Wednesday, February 15, 2012, the Michigan Commission for the Blind Vision 2020 Listserv will no longer be in operation.  As the amount of content

  on the MCB website has expanded over the years, broad-based participation on the listserv has diminished.  It appears that the website and other means

  Of communication have surpassed the listserv as convenient and effective means of communication.  Thank you for your participation on the MCB Vision 2020

  Listerv.

  Susan Turney

  Communications & Outreach Coordinator, Michigan Commission for the Blind

  Michigan Department of Licensing and Regulatory Affairs

  desk:  517-241-8631; cell: 517-243-3858; fax:  517-335-5140

  MCB toll-free: 1-800-292-4200

  201 N. Washington Square, Second Floor,

  P.O. Box 30652; Lansing, MI 48909

  www.michigan.gov/mcb