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

joe harcz Comcast joeharcz at comcast.net
Wed Mar 14 20:00:40 UTC 2012


----- Original Message ----- 
From: joe harcz Comcast 
To: Farmer, Mel (LARA) 
Sent: Wednesday, March 14, 2012 3:57 PM
Subject: Re: link to MCB2020 listserv archive


Mr. Farmer,

I am wondering now as to the exact and precise mandate as to just who, what, when where, why, where and how this state sponsored list serve was ended as a communications tool. 

Moreover, I'm wondering just who sent the directive censoring in violation of the First Amendment of the United States Constitution anything related to suits (even information in the public domain) relative to suits in law and equity pro forma like say Hill v. Michigan Commission for the Blind or Eagle v. commission for the Blind which again were public record and in the public domain?

I ask you how list "moderators" such as Ms. Tierney or Ms. Hiebeck could have been allowed to violate directly the "content regulation" guide line  set forth against state actor censorship in these  regards could have been tolerated by such admirable administrations as those of Grandholm or Snyder in these regards?

Oh yes and are your revisions and the garbage responses here not tantamount to a gross admission of mass constitutional rights violations by yourself, the named parties,etc.?

Oh I know my comments and inquiries and my rights to information as a blind citizen are uniformly and abjectly violated by the likes of life long bureaucrats like yourself sir, but the constitutional torts and the pure and simple violations of fundamental rights are most clear and defined here.

Thus I wish for you to send any and all directives once again that changed list guidelines to regulate in violation of the First Amendment of the United States  Constitution relative to content regulation upon the MCB 20/20 list serve to both myself, the Americans with Civil Liberties Union, and the United States Department of Justice's Civil rights Division.

Go ahead in other words make my day and send the guide line changes and the abject censorship again to relevent civil rights authorities, or try to cover up those directives with veils of FOIA violations you've done in documented fashion and in violation of civil rights laws like the ADA and Section 504 of the Rehabilitation Act as you've done in the past. Note, you sir, are going to pay the price for this perfidy in courts of law and equity and note this: the best way to get you're sorry bureaucratic ass out of the sling created by others is to extract yourself with truth.

Oh my I forgot your content regulation violations of First Amendment violations against myself and the class are clearly established in your responses and in the changed list guide lines themselves. In short they violate again by prohibition the right of the public by a state actor (hre MCB) to even denote anything related to lawsuits once again against the Michigan Commission for the Blind even that information that was and is public record by other sources.



YOu still wanna be FOIA director especially during sunshine week in light of this kind of issue of State of Michigan responsability and whish to fall upon your own$105,000 plus salary conflicted swhord so to speak I do not know.
?

Say if I sound like a sort of smart assed type and not deferential to your sick sort of a sob type of slights at the very taxpayers like myself who pay for the likes of you at your $100,000 plus salary and if you have the least misconception in this real world that again both the right, and the left and the middle are ticked off royally at the likes of your abuses of power then you've got to reconsider even if from the selfish standpoint of self preservation as a viable and taxpayer funded entity.

Frankly I know of dozens of blind folks alone who live annually upon your single state hack salary alone.

Dozens,!!



Oh yes, and please send me, a citizen $9 quadrizzion and eight billion and seventy cents for all of my work on the state of Michigan's behalf.

At a certain point there is no reasoning with bigots and bureaucratic hacks such as yourself.

If you do not wish for a 1983 action in which you, Mr. Farmer will be sued severally individually  for cause and action and direct violation of my personal civil rights then remit the requested information. Period.

I'm tired of dinking around with hacks. I'm tired of being a Mr. "Nice Guy" and asking for what needs to be made by various laws transparent at the first instance.

My fellow taxpayers and both Democratic and Republican legislators are demanded sick and tired of your and your kindred types obfuscations in aloof these regards let me assure you of that sir.


  ----- Original Message ----- 
  From: Farmer, Mel (LARA) 
  To: 'joe harcz Comcast' 
  Sent: Friday, March 09, 2012 11:23 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.

   


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

  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.

   


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

  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

     



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