[nfbmi-talk] Fw: Fw: FOIA Response to Request for Information on EOCMtg.of9-28-13

[joe harcz Comcast]

----- Original Message ----- 
From: "joe harcz Comcast" <joeharcz at comcast.net>
To: "ELMER CERANO" <ECERANO at mpas.org>
Sent: Thursday, November 07, 2013 11:25 AM
Subject: Re: Fw: FOIA Response to Request for Information on 
EOCMtg.of9-28-13


> What the heck are you talking about here Elmer?
>
> I'm not asking MPAS to do anything related to DHS on my behalf. I'm asking 
> them to enforce the ADA and 504 related to BSBP and for that matter the 
> Disability Network!
>
>
> Now I've documented copiously multiple violations of same against my 
> person and indeed all PWD. These laws are 23 years old and 40 years old 
> respectivelly. They are civil rights laws. MPAS has under its charge and 
> funding in the PAIR program alone responsabilities for enforcing the 
> systemic civil rights of people with disabilities.
>
> I would hope at long last MPAS would do just that.
>
> Joe Harcz
> ----- Original Message ----- 
> From: "ELMER CERANO" <ECERANO at mpas.org>
> To: "joe Comcast" <joeharcz at comcast.net>
> Sent: Thursday, November 07, 2013 11:00 AM
> Subject: Re: Fw: FOIA Response to Request for Information on 
> EOCMtg.of9-28-13
>
>
>> Thanks,
>> Because you currently have representation on the DHS issue, it is
>> unethical for us to provide you with any comments, or advise related to
>> the issues for which you have representation. With proper authorization,
>> however, we are able to respond to your attorney.
>>
>> Please let me know if you still need our assistance to advocate on your
>> behalf to get your BSBP counselor to come to your home to assist you in
>> filling out the application for services. If you still need our advocacy
>> assistance, we will need a signed Release of Information (ROI) and a
>> Retainer Agreement. I will send you the documents in an accessible word
>> format under separate cover.
>>
>> Please let me know what reasonable accommodations you may need to
>> return the signed documents to us.
>>
>>
>>
>>>>> "joe harcz Comcast" <joeharcz at comcast.net> 11/6/2013 11:23:48 AM
>>>>>
>> Yes, again the answers are right in here. I do have an attorney on the
>> DHS
>> issue, Center for Social Justice.
>>
>>
>> ----- Original Message ----- 
>> From: "ELMER CERANO" <ECERANO at mpas.org>
>> To: "joe Comcast" <joeharcz at comcast.net>
>> Sent: Friday, November 01, 2013 12:21 PM
>> Subject: Re: Fw: FOIA Response to Request for Information on EOC
>> Mtg.of9-28-13
>>
>>
>>> 1. Do you have a private attorney representing you on any issue?
>>>
>>> 2. If  I understand correctly, you already have the accessible
>>> application that we discussed the other day and that I agreed to
>> provide
>>> assistance for you in obtaining the application.   Am I also correct
>>> that because you don't have a printer you were not able to complete
>> tha
>>> application, so a counselor came to your home to assist you?
>>>
>>> Does this mean that you no longer need our assistance to obtain an
>>> accessible application?
>>>
>>>>>> "joe harcz Comcast" <joeharcz at comcast.net> 11/1/2013 8:35:22 AM
>>>>>>
>>> I don't have a lawyer on the BSBP issue. I did finally recieve an
>>> application which I think I sent you. But now they want me to sign
>> it
>>> and I
>>> don't even have a printer....The counselor could come to my house as
>>> she did
>>> a few weeks ago. By the way I don't want and specifically cannot use
>>> most
>>> "pdf" documents ....
>>>
>>>
>>> Finally when I get charged for meeting minutes or any thing related
>> to
>>>
>>> public meetings that is grossly illegal.
>>>
>>>
>>> And again they abuse the FOIA as a means of abusing the ADA and 504
>>> which
>>> are in the general provisions of both.
>>>
>>>
>>> In addition my other requests do relate to whether or not BSBP is
>>> following
>>> the state plan, and the Rehab Act itself.
>>>
>>>
>>> They are mimisappropriating federal funds and expending them for
>> Lord
>>> knows
>>> what?
>>>
>>>
>>> Well actually I know and it's not for the Rehabilitation of blind
>>> people.
>>>
>>>
>>> One need look no further than the student assistants hhired to run
>> BEP
>>>
>>> locations amonst other things and the fact they are all sighted,
>>> non-disabled individuals.
>>>
>>>
>>> Oh, yes and the fact is also the Anderson Building and the very
>> State
>>> Capitol are under PA 260 supposed to be mandated facilities for
>> blind
>>> licensees and these programs have been violated in these buildings
>> as
>>> we all
>>> know.
>>>
>>> From top to bottom the BSBP is corrupt and trying to hide its
>>> corruption by
>>> its abuses of the FOIA.
>>>
>>>
>>> This abuse has caused me great personal distress. Bigtime! And it
>> goes
>>> to
>>> others who are blind too.
>>>
>>>
>>>
>>> ----- Original Message ----- 
>>> From: "ELMER CERANO" <ECERANO at mpas.org>
>>> To: "joe Comcast" <joeharcz at comcast.net>
>>> Sent: Thursday, October 31, 2013 10:32 AM
>>> Subject: Re: Fw: FOIA Response to Request for Information on EOC
>> Mtg.of
>>>
>>> 9-28-13
>>>
>>>
>>>> Joe, we are looking specifically at whether or not BSBP is
>>> identifying
>>>> public documents as requiring a FOIA request. Although they are
>>> allowed
>>>> to charge for FOIA'd information, public documents should not
>> require
>>> a
>>>> FOIA in the first place.
>>>>
>>>> As far as I understand, there can not be a charge for having public
>>>> documents in an accessible format.
>>>>
>>>> I will let you know the outcome on this.
>>>>
>>>>
>>>> I have also asked Brian to get you an accessible application for
>>> BSBP
>>>> services. That should be coming to you through us in a word or pdf
>>>> formate.
>>>>
>>>> I also need clarification as to whether or not you are currently
>>>> represented by a private attorney related to seeking access to BSBP
>>>> services.
>>>>
>>>>>>> "joe harcz Comcast" <joeharcz at comcast.net> 10/31/2013 9:41 AM
>>>>>
>>>> All can't you read statutes and regulations that I've supplied you
>>>> legal beagles with?
>>>>
>>>>
>>>> The Michigan Open Meetings Act clearly states that minutes mus be
>>> kept
>>>> and must be dispensed for nothing short of (at maximum) postage.
>>>> Moreover meetings of a VR body such as BSBP must be fully
>> accessible
>>>> from the get go.
>>>>
>>>> Yet you abuse the FOIA as a means of circumventing both laws here
>> in
>>>> clear cut terms.
>>>>
>>>> And that is indeed a violation of the general ADA/504
>>>> anti-discriminatory clauses that I've alos sent you.
>>>>
>>>>
>>>> Thus as again State Actors acting in official capacity you have
>>>> knowningly and maliciously violated my known civil rights and that
>>> is
>>>> actionable under 42USC1983.
>>>>
>>>>
>>>>
>>>> Your personal and collective violations of laws and equity must end
>>>> now.
>>>> ----- Original Message ----- 
>>>> From: joe harcz Comcast
>>>> To: zimmerm at michigan.gov
>>>> Cc: Steve Arwood LARA Dep ; Rodgers, Edward (LARA) ;
>>>> nfbmi-talk at nfbnet.org ; Elmer Cerano (E-mail) ; MARK MCWILLIAMS ;
>>>> BRIAN SABOURIN ; James Chaney EOC ; Hazell Brooks
>>>> Sent: Wednesday, October 30, 2013 4:09 PM
>>>> Subject: Fw: FOIA Response to Request for Information on EOC Mtg.
>> of
>>>> 9-28-13
>>>>
>>>>
>>>>
>>>>    ----- Original Message ----- 
>>>> From: joe harcz Comcast
>>>> To: Haynes, Carla (LARA)
>>>> Sent: Wednesday, October 30, 2013 3:21 PM
>>>> Subject: Re: FOIA Response to Request for Information on EOC Mtg.
>> of
>>>> 9-28-13
>>>>
>>>>
>>>> Ok, now this is an explicit violation of the Michigan Open Meetings
>>> Act
>>>> tant the provisions for meetings therein. I supplied citatations to
>>> Mr.
>>>> Rodgers a lawyer that were plain upon their face.
>>>>
>>>> This is actionable to you Ms. Haynes, and Mr. Rodgers and as
>> denoted
>>> is
>>>> actually a misdemeanor.
>>>>
>>>>
>>>> In other words violations of the OMA are criminal violations.
>>>>
>>>>
>>>>
>>>> Sincerely,
>>>>
>>>> Paul Joseph Harcz, Jr.
>>>>
>>>>
>>>> cc: several
>>>>  ----- Original Message ----- 
>>>>  From: Haynes, Carla (LARA)
>>>>  To: joe harcz Comcast
>>>>  Cc: Rodgers, Edward (LARA) ; Luzenski, Sue (LARA) ; Pemble, Mike
>>>> (LARA) ; Belknap, Katie (LARA) ; Duell, Elsie (LARA) ; Zanger,
>>> Connie
>>>> (LARA) ; Hull, James (LARA)
>>>>  Sent: Wednesday, October 30, 2013 1:19 PM
>>>>  Subject: FOIA Response to Request for Information on EOC Mtg. of
>>>> 9-28-13
>>>>
>>>>
>>>>  October 30, 2013
>>>>
>>>>
>>>>
>>>>  Mr. Paul Joseph Harcz, Jr.
>>>>
>>>>  E-mail: joeharcz at comcast.net
>>>>
>>>>  1365 E. Mt. Morris Rd.
>>>>
>>>>  Mt. Morris, MI 48458
>>>>
>>>>
>>>>
>>>>  Re:  FOIA Response to Request for Information on EOC Draft Minutes
>>> &
>>>> J. Hull Report of 9-28-13
>>>>
>>>>
>>>>
>>>>  Dear Mr. Harcz, Jr.:
>>>>
>>>>
>>>>
>>>>  This email is in response to your October 23, 2013, email request
>>> for
>>>> information, received by this office on October 24, 2013.  Please
>> be
>>>> advised that the Bureau of Services for Blind Persons is processing
>>> this
>>>> request under the state's Freedom of Information Act (FOIA), MCL
>>> 15.231
>>>> et seq.
>>>>
>>>>
>>>>
>>>>  You have requested information as described in your email (also
>>>> included below) as:
>>>>
>>>>
>>>>
>>>>  "Now, I'm writing to request the following:
>>>>
>>>>
>>>>
>>>>  The draft minutes of this meeting which are supposed to be made
>>>> available within (8) working days under the Michigan Open Meetings
>>> Act
>>>> (and with no charge by the way).
>>>>
>>>>
>>>>
>>>>  In addition I am requesting in accessible format all referenced
>>>> information including the written report of James Hull again in
>>>> accessible format that was referenced in this meeting."
>>>>
>>>>
>>>>
>>>>  In order to determine the extent of the research time, the size
>> and
>>>> number of records of nonexempt information within BSBP responsive
>> to
>>>> your
>>>>
>>>>  FOIA Response - P.J. Harcz, Jr.
>>>>
>>>>  October 30, 2013
>>>>
>>>>  Page 2 of 2
>>>>
>>>>
>>>>
>>>>
>>>>
>>>>  request, a search must be undertaken.  For this reason, it is
>>>> necessary to extend the time for response, as permitted by Section
>>>> 5(2)(d) of the FOIA, through November 14, 2013, for your request.
>>>>
>>>>
>>>>
>>>>  If it is determined that there is a cost involved in the
>> processing
>>>> of this request, you will be sent an email which will include an
>>> invoice
>>>> outlining
>>>>
>>>>  that cost (before or no later than November 14, 2013).  This email
>>>> may either request a deposit (if the cost is over $50.00) or
>> request
>>>> payment of the total cost if the amount is under $50.00.
>>>>
>>>>
>>>>
>>>>  Please note that nothing within the federal American with
>>>> Disabilities Act (ADA ), Section 504 of the Rehabilitation Act of
>>> 1973
>>>> (RA), as amended, or the state's FOIA (MCL 15.231 et seq.) requires
>>> a
>>>> public body to process FOIA requests free of charge.  Further,
>> while
>>> the
>>>> ADA and Section 504 of the RA may mandate that, upon request,
>>> material
>>>> be produced in an accessible format without charge, neither the ADA
>>> or
>>>> Section 504 of the RA preclude a public body from charging costs
>>> under
>>>> the state's FOIA. Thusly, please note that no labor fee charges
>> have
>>>> been, or will be, assessed to convert existing, nonexempt public
>>> records
>>>> responsive to your requests into an accessible format to forward to
>>>> you.
>>>>
>>>>
>>>>
>>>>  Sincerely,
>>>>
>>>>
>>>>
>>>>  Carla Miller Haynes, FOIA Coordinator
>>>>
>>>>  Bureau of Services for Blind Persons
>>>>
>>>>
>>>>
>>>>  Attachment:  Email Request for Information
>>>>
>>>>
>>>>
>>>>  cc:     Edward F. Rodgers II
>>>>
>>>>            Sue Luzenski
>>>>
>>>>            Mike Pemble
>>>>
>>>>  Katie Belknap
>>>>
>>>>            Elsie Duell
>>>>
>>>>            Constance Zanger
>>>>
>>>>            James Hull
>>>>
>>>>
>>>>
>>>>  From: joe harcz Comcast [mailto:joeharcz at comcast.net]
>>>>
>>>>  Sent: Wednesday, October 23, 2013 12:23 PM
>>>>
>>>>  To: Rodgers, Edward (LARA)
>>>>
>>>>  Cc: Hull, James (LARA); Arwood, Steve (LARA); Zimmer, Mike (LARA);
>>>> nfbmi-talk at nfbnet.org; BRIAN
>>>>
>>>>  SABOURIN; Christyne.Cavataio at ed.gov; Marlene Malloy;
>>>> BSBPcommissioners
>>>>
>>>>  Subject: sorry prior post a little messed up
>>>>
>>>>
>>>>
>>>>  Just to clarify....
>>>>
>>>>
>>>>  October 23 2013 Written Report of Hull to EOC and Draft Meeting
>>>> Minutes
>>>>
>>>>
>>>>
>>>>  Paul Joseph Harcz, Jr.
>>>>
>>>>  1365 E. Mt. Morris Rd.
>>>>
>>>>  Mt. Morris Rd.
>>>>
>>>>  Mt. Morris, MI 48458
>>>>
>>>>  joeharcz at comcast.net
>>>>
>>>>  810-516-5262
>>>>
>>>>
>>>>
>>>>  To: Edward Rodgers
>>>>
>>>>  Bureau of Services for Blind Persons
>>>>
>>>>  James Hull, Business Enterprise Program
>>>>
>>>>  (Via E-mail)
>>>>
>>>>
>>>>
>>>>  All,
>>>>
>>>>
>>>>
>>>>  I just got through listening to a recording of the public meeting
>>> of
>>>> the Elected Operators committee Meeting of Sept. 28, 2013.
>>>>
>>>>
>>>>
>>>>  Now, I'm writing to request the following:
>>>>
>>>>
>>>>
>>>>  The draft minutes of this meeting which are supposed to be made
>>>> available within (8) working days under the Michigan Open Meetings
>>> Act
>>>> (and with no charge by the way).
>>>>
>>>>
>>>>
>>>>  In addition I am requesting in accessible format all referenced
>>>> information including the written report of James Hull again in
>>>> accessible format that was referenced in this meeting.
>>>>
>>>>
>>>>
>>>>  Note: under relevant portions of the ADA and Section 504 and,
>>> indeed
>>>> LARA's own accessible meeting policy based upon these laws, all
>>> printed
>>>> information related to such meetings were to be made accessible at
>>> that
>>>> meeting and certainly are to be made accessible at no cost to me
>>> upon
>>>> request.
>>>>
>>>>
>>>>
>>>>  And certainly you can't charge me extensively for searching for
>>> these
>>>> documents which you all have at your ready and would be using an
>>> abuse
>>>> of the FOIA (a state law) to trump clearly required meeting related
>>>> documents under the two above cited federal civil rights laws.
>>>>
>>>>
>>>>
>>>>  That would be a violation of the general anti-discrimination
>>>> provisions of both the ADA and 504.
>>>>
>>>>
>>>>
>>>>  Back to Hull's report, I am especially interested in his written
>>>> report relative to Administrative reviews, license revocations,
>> etc.
>>>>
>>>>
>>>>
>>>>  Now, all I request is that you send me promptly these documents
>> and
>>>> reports as either/or Word attachments; plain text enclosures to my
>>>> e-mail adress listed above.
>>>>
>>>>
>>>>
>>>>  A failure to promtly comply with this request for simple minutes
>>> and
>>>> written reports to this meeting is actionable and will represent
>>>> continued violations against my person of established civil rights
>>>> laws.
>>>>
>>>>
>>>>
>>>>  Thus I do expect a prompt response. And by the way you also might
>>>> wish to in a timely manner post this information to BSBP's web
>> site.
>>>>
>>>>
>>>>
>>>>  Sincerely,
>>>>
>>>>
>>>>
>>>>  Paul Joseph Harcz, Jr.
>>>>
>>>>
>>>>
>>>>  -Ninety-nine percent of lawyers give the other one percent a bad
>>>> name-Steven Wright
>>>>
>>>>
>>>>
>>>>  Cc: NFB MI
>>>>
>>>>  Cc: BSBP "Commissioners"
>>>>
>>>>  Cc: James Chaney, EOC
>>>>
>>>>  Cc: MCRC
>>>>
>>>>  Cc: MPAS
>>>>
>>>>  Cc: RSA
>>>>
>>>>  Cc: OCR
>>>>
>>>>  Cc: United States Department of Justice, Civil Rights Division,
>>>> Disabilities Rights Section
>>>>
>>>>  Cc: several media
>>>>
>>>>  Cc: several legislators
>>>>
>>>>
>>>>
>>>>
>>>>
>>>>
>>>>
>>>>
>>>>
>>>>  Carla Miller Haynes
>>>>
>>>>  LARA Bureau of Services for Blind Persons (BSBP)
>>>>
>>>>  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/bsbp
>>>>
>>>>
>>>
>>
>