[nfbmi-talk] goes to known violations of ada 504 and more

Wed Mar 14 14:34:17 UTC 2012

This all deals with the video recording by LARA of one meeting and the problem isn't with that but the insane and ludicrous reasonings for it, then the lack of submitting it to the public including myself as is and then the multiple violations of the ADA, 504, OMA, and FOIA related to this alone. Also note the role of Zimmer here who should know better being a lawyer himself and heading the corrupted Michigan Administrative Hearing System which routinely violates the rights of blind people in the hearing process and more.  Oh, yes and Zimmer was and is a key player with the extra-legal Executive Order 2012-2. These folks think they can receive federal funds and continue to violate the federal rules related to them over and over again?
And note the ludicrous and cynical words of Morrow ... Now he is talking about their clients. Just who are those clients. Certainly it isn't the blind members of the public.

Joe Harcz....

Mr. Joseph Harcz, this notice is in response to your July 2, 2011 emailed request to the Michigan Department of Licensing and Regulatory Affairs (LARA)

for copies of nonexempt public information/records under the state’s Freedom of Information Act (FOIA), MCL 15.231 et seq., you describe as:

 1. “…related to the video recording of the June 17, 2011 Michigan Commission for the Blind

         meeting.”

2. “…a line item accounting of how much this video recording cost the taxpayer or any records

        related to costs such as inter agency transfers from the MCB/LARA to DTMB or a third

        party vendor for filming the event to begin with.”

 3. “…any memorandums discussing the requirements to caption and describe this production of

         a Michigan Commission for the Blind public meeting.”

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

As regards the granted portions of your request, enclosed, as part of this response, are copies of records responsive to your request.

As regards the denied portion of your request, the Department does not possess a line item accounting of the cost, interagency transfers, or third party

vendor costs of the video recording of the June 17, 2011 MCB meeting. Thusly, pursuant to MCL 15.235, Section 5(4)(b) of the FOIA, we must deny this portion

of your request; and certify that the public record requested does not exist in this Department.

Under MCL 15.240 of the FOIA, you may submit a written appeal regarding the denial of any portion of your FOIA 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, Michigan 48909. Your written appeal must include the word “appeal” and state the reason(s) for reversal of the denial(s). You may

also 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 action(s) to be arbitrary and capricious, the court shall, in addition

to any actual or compensatory damages, award punitive damages in the amount of $500.00.

From: Brown, Melanie (LARA)

Sent: Wednesday, June 08, 2011 12:15 PM

To: Morrow, Mario (LARA); Turney, Susan (DELEG)

Cc: Edmonds, Keli (LARA); Cannon, Patrick (DELEG); Luzenski, Sue (DELEG); Kline, Steve T (LARA)

Subject: Re: DRAFT MCB Commission Board Meeting Advisory, for release today or as soon as possible

LARAs Division of Media and Technology is approved to tape.

Thanks

From: Morrow, Mario (LARA)

To: Turney, Susan (DELEG)

Cc: Edmonds, Keli (LARA); Brown, Melanie (LARA); Cannon, Patrick (DELEG); Luzenski, Sue (DELEG)

Sent: Wed Jun 08 11:42:54 2011

Subject: Re: DRAFT MCB Commission Board Meeting Advisory, for release today or as soon as possible

DMT would like to tape these.

From: Turney, Susan (DELEG)

To: Morrow, Mario (LARA)

Cc: Edmonds, Keli (LARA); Brown, Melanie (LARA); Cannon, Patrick (DELEG); Luzenski, Sue (DELEG)

Sent: Wed Jun 08 11:34:32 2011

Subject: DRAFT MCB Commission Board Meeting Advisory, for release today or as soon as possible

Mario and Melanie, attached is the draft MCB June 17 Commission Board meeting news advisory for your review.

We would like this to go out to all media statewide (both print and broadcast) today or as soon as possible.

Keli, please let me know when this is released, and send me a copy of the final release if there are any changes in the text.

I’ll be at the Braille and Talking Book Library conference at the state library building most of the day today.  If you need to reach me, my personal cell

phone is 517-243-4691.

Thank you.

Susan Turney

Communications & Outreach Coordinator, Michigan Commission for the Blind

Michigan Department Licensing and Regulatory Affairs

direct line:  517-241-8631; 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

From: Morrow, Mario (DELEG)

Sent: Friday, June 10, 2011 11:54 AM

To: Cannon, Patrick (DELEG)

Cc: Pohl, Allan (DELEG); Brown, Melanie (LARA); Turney, Susan (DELEG); Luzenski, Sue (DELEG); Duell, Elsie (DELEG)

Subject: Re: Commission Recording

Consider the cost of production a gift to you and your clients. However, client request for copies is another issue. We will work it out. please do not

worry or lose sleep over this. It is all taken care of.

From: Cannon, Patrick (DELEG)

To: Morrow, Mario (LARA)

Cc: Pohl, Allan (DELEG); Brown, Melanie (LARA); Turney, Susan (DELEG); Luzenski, Sue (DELEG); Duell, Elsie (DELEG)

Sent: Fri Jun 10 11:40:57 2011

Subject: RE: Commission Recording

Thanks, Mario, for the update.

BTW, what about the cost of the video recording.  Is this something your office and/or LARA is otherwise absorbing?  I ask now, Mario, specifically because

Al Pohl has advised us that MCB is under a “HARD FREEZE” on our spending and hiring, meaning that we cannot spend any amount of money on anything not considered

to be an expenditure essential to service delivery.

Please provide us with reassurance that we will not be charged for this service.

Best always,

Pat

From: Morrow, Mario (LARA)

Sent: Friday, June 10, 2011 6:36 AM

To: Cannon, Patrick (DELEG)

Cc: Turney, Susan (DELEG); Brown, Melanie (LARA); Arwood, Steve (LARA); Kline, Steve T (LARA)

Subject: Commission Recording

Pat –

I am so pleased that DMT is finally able to record the commission meetings. This is long overdue. Just as an FYI, there is no need to pre-announce our tapings.

You or the chair can certainly make note of it at the beginning of the meeting. We are doing this as a service to our clients. I will provide more information

as to how to obtain copies next week.

Have a great weekend.

Mario

Mario L. Morrow

Director of Communications

Department of Licensing and Regulatory Affairs

Ottawa Office Building

611 West Ottawa Street

4th Floor

Lansing, Michigan 48933

Phone: (517) 373-9280

Fax:       (517) 241-1580

From: Cannon, Patrick (DELEG)

Sent: Tuesday, June 28, 2011 8:25 AM

To: Morrow, Mario (LARA)

Cc: Brown, Melanie (LARA); Turney, Susan (DELEG); Luzenski, Sue (DELEG); Kline, Susan

Subject: Requirements for Captioning and Audio Description of Video Productions

Hello Mario,

Something to consider regarding video productions by LARA is the accessibility requirements of the ADA and the Administrative Guide to State Government

(which is inserted below and attached), specifically the requirements to provide captioning and audio description.  The applicable language of the state

guidance is:

“Video or Other Media Production:

Video or other media production produced or distributed by Departments will be made accessible through open and closed captioning, descriptive video, or

other methods.

Video recordings intended for internal investigative processes or documentation such as depositions, video recorded inspections, etc. are not covered by

this policy.”

The ADA connection to these requirements can be found in the “Program Access” portion of Title II of the ADA, which requires that all programs, services

and activities of state government must be readily accessible to and usable by people with disabilities.

I’m sharing this with you, Mario, because I believe that we can anticipate that a blind person who requests the video recording of our Commission meetings

might insist that it be described and, further, we cannot charge anything for the cost of making it accessible because the ADA would consider that being

tantamount to assessing a surcharge for access, which is prohibited.  Fortunately, though, our media technology office has expertise in the art of audio

description, perhaps more so than in any other department.

Give me a call if you’d like to chat about this at 373-3125.

Best always,

Pat

Policy 1650.00 – Accessibility

1650.00 ACCESSIBILITY

Issued September 19, 2007

SUBJECT: Accessibility

APPLICATION: Executive Branch Departments and Sub-Units.

PURPOSE: To comply with the Americans with Disabilities Act (ADA), Sections 504 and 508 of the Rehabilitation Act of 1973 (as amended), the State Deaf Persons’

Interpreters Act (PA 204 of 1982), and the Michigan Persons with Disabilities Civil Rights Act (PA 220 of 1976), this policy defines Departments’ requirements

for printed materials, meetings, electronic technology and services, and their availability to persons with disabilities in accessible formats when requested.

This document covers employees and any individual, including the general public, who is served by Departments.

Note: This policy does not apply to Department of Corrections prisoners.

CONTACT AGENCY:

Office of the State Employer

400 S. Pine St.

Lansing, MI 48913

TELEPHONE: 517-373-7400

FAX: 517-373-3771

Commission on Disability Concerns

201 N. Washington Square, Suite 150

Lansing, MI 48913

TELEPHONE: 517-335-6004 TTY/V

Toll Free: 877-499-6232 TTY/V

FAX:  517-335-7773

Note: TTY/V = Teletypewriter/Voice.

SUMMARY: Departments must ensure that all printed materials, meetings, electronic technology, and services are accessible to persons with disabilities,

such as employees, applicants, program participants, or members of the public participating in Departments’ activities.

Printed Material and Documents:

All printed material or documents issued by Departments will be available upon request in alternative formats, unless this process would result in a fundamental

alteration in the nature of a program or activity or an undue financial or administrative burden. Subject to these limitations, Departments will provide

materials in an accessible format usable to the requestor.

Materials published by Departments will contain a notice that the material is available in an accessible format. In addition, Departments shall take steps

to provide information to the general public about the availability of documents in accessible formats.

Meetings and Events:

Events and meetings planned and sponsored by Departments will be accessible, unless this would fundamentally alter the nature of a program or activity or

an undue financial or administrative burden would occur.

“Accessible” means that all who are qualified to attend can attend, participate in all activities, and access information in the needed accessible formats

in a timely manner. At a minimum, the site will be barrier-free, and additional accommodations will be provided upon request with advance notice. This

includes, but is not limited to, meetings open to the public, conferences, educational events, press conferences, staff training, and retreats.

Departments shall include on Event and Meeting notices a statement regarding accessibility and list contact information for requesting an accommodation

and the timeframe for requests, in advance of the Event or Meeting.

Video or Other Media Production:

Video or other media production produced or distributed by Departments will be made accessible through open and closed captioning, descriptive video, or

other methods.

Video recordings intended for internal investigative processes or documentation such as depositions, video recorded inspections, etc. are not covered by

this policy.

Electronic and Information Technology:

Departments are required to work within the accessibility standards for disseminating information, website development, and information on websites, including

computers, software, and electronic office equipment and all technologies covered by the law. For additional information, contact the Department of Information

Technology, E- Michigan Web Development.

APPLICABLE FORMS: None

REFERENCES: Americans with Disabilities Act (ADA) of 1990 (Pub. L. 101-336) (42 U.S.C. §§

12101 et seq.)

Rehabilitation Act of 1973 (as amended), Sections 504 (29 U.S.C. § 794) and 508 (29 U.S.C. § 794d)

State Deaf Persons’ Interpreters Act (PA 204 of 1982) (MCL 393.501, et seq.)

Michigan Persons with Disabilities Civil Rights Act (PA 220 of 1976) (MCL 37.1101, et seq.)

Resource: State of Michigan Accessibility Resource Guide http://www.michigan.gov/dmb/0,1607,7-150-9131-170876--,00.html.

* * *