[nfbmi-talk] Fw: to farmer foia on foia

Thu Nov 14 20:38:40 UTC 2013

Now this is interesting ... Here again Michael Zimmer is making a determination on issues that effect well Michael Zimmer. Well since he set himself up as judge and jury in making the final agency determination of decisions made by his own Michigan Administrative Hearing Office in the BSBP State Plan. I gues he can be a totally impartial final word on the FOIA from LARA too...No conflicts of interest iinherent here eh?

Oh those pesky blind people when will they ever learn?
----- Original Message ----- 
From: Krueger, Jocelyn (LARA) 
To: 'joeharcz at comcast.net' 
Cc: Farmer, Mel (LARA) ; Zimmer, Mike (LARA) 
Sent: Thursday, November 14, 2013 3:02 PM
Subject: FW: to farmer foia on foia

Good afternoon, Mr. Harcz.  Mr. Zimmer is away from the office but asked that I forward the following response to you:

November 13, 2013

Paul Joseph Harcz

1365 E. Mt. Morris Rd.

Mt. Morris, MI 48458

joeharcz at comcast.net

RE: Freedom of Information Act Appeal

Dear Mr. Harcz:

This notice is in response to the attached copy of your November 8, 2013 Freedom of Information Act (FOIA), MCL 15.231 et seq., appeal of the Michigan Department of Licensing and Regulatory Affairs (LARA) October 28, 2013 email from Melvin Farmer, Jr. denying your October 23, 2013 FOIA request to "inspect your state issued computer for e-mails from Rodgers and, indeed Zimmer."

You assert the reason for reversal of the disclosure denial as: "I 'appeal' this self serving determination to inspect Mr. Farmer's computer for its self-serving sort of arbitrary and capricious sort of thing here."

Please be informed that pursuant to MCL 15.240, Section 10(2)(b) of the state's FOIA, I am upholding the LARA October 28, 2013 determination to deny access to Melvin Farmer, Jr.'s state issued computer based on the following:

§  Mr. Farmer correctly informed you that LARA's computer equipment is owned by the Michigan Department of Technology, Management and Budget (DTMB) and that he has no authority to allow access to his state issued computer to non-state employees.

§  To gain access to Mr. Farmer's computer would require him to divulge passwords and other information restricted by the DTMB State of Michigan Administrative Guide to State Government, Policy 1325 Information Technology Security Awareness, et al which states in-part: 

"This policy establishes a statewide policy for the purpose of security awareness and training and to inform all levels of state personnel of the importance of the information they handle and the legal and business reasons for maintaining confidentiality, availability and integrity. All employees must understand the need for security, the specific security-related requirements expected of them, and the consequences of noncompliance."  Further, "Employees are advised of the necessity of complying with DTMB policies and laws pertaining to the protection of SOM information, because non-compliance may leave the state liable and employees vulnerable to prosecution and civil suit, as well as disciplinary action."

You may access the full DTMB State of Michigan Administrative Guide to State Government at:

http://www.michigan.gov/dtmb/0,5552,7-150-9131_9347---,00.html

Per MCL 15.240, Section 10(1)(b) of state's FOIA, this constitutes LARA's final determination regarding your October 23, 2013 request. You may seek judicial review in circuit court within 180 days of this notice. If you prevail in court action, the court may award you reasonable attorney fees, costs, and disbursements. If the court finds LARA's actions to be arbitrary and capricious, the court shall award you, in addition to any actual or compensatory damages, punitive damages in the amount of $500.00.

Sincerely,

/S/ Michael Zimmer

Chief Deputy Director and

FOIA Appeals Officer

Attachments

From: joe harcz Comcast [mailto:joeharcz at comcast.net] 
Sent: Friday, November 08, 2013 8:36 PM
To: Arwood, Steve (LARA)
Cc: Zimmer, Mike (LARA); nfbmi-talk at nfbnet.org; Rodgers, Edward (LARA)
Subject: Fw: to farmer foia on foia

Dear Mr. Arwood and Mr. Zimmer,

I must say I "appeal" this self serving determination to inspect Mr. Farmer's computer for its self-serving sort of arbitrary and capricious sort of thing here. But then again you all aren't so non-conflicted either are you? Where are the checks and balances which I was taught as a child mind you in the school systems of this State against abuses of power and influence? Where is the open governance and the "humility" of "public servants"?

Regardless I wish to inspect Mr. Farmer's computer with my attorneys for all the silly and ludicrous assaults you've committed upon my person in your arrogant pursuit of power don't you know?

Oh and by the way you might wish to look at case law on this. Includes Detroit Free Press v. City of Detroit amongst others.

And don't think for a moment that other lawyers much more capable than yourselves are blind cc'd on this and don't think for a moment you are immune from the rule of law after all is said and done.

And do you all think I am so stupid that I don't know a total conflict of interests here in that Mr. Zimmer is both the head of the designated State Agency and the one I'm supposed to file a FOIA appeal to...Oh my no conflict of interest here. I mean the chief judge and jury is after all the chief judge and jury just like he is the "final agency determinator" (poor grammar sorry) of all ALJ determinations. My oh my I'm so sorry I passed my Junior High School Civics class with an "A plus" and even if I got an "F minus" this is so conflicted of a process it stinks to High Heaven and even a child knows one cannot be impartial in these regards. Shame on you all for picking on this poor blind guy with these absurdities, or trying to do so. Shame on your ddictatorial bullying that would be cause of action in any court of law in America, except the courts of law, so-to-speak, giving these arbitrary and capricious happenings that act as judicial processes ad hoc and ad hominum and absurd to the max. Those of you who have law degrees and who act with such perverted outrage against common sense let alone the rule of law in this matter should have your law licences yanked.

Those bureucratic wonks who hang cowardly behind the skirts of these "lawyers" should hang your head in shame. Those of you who think this blind man, with albeit limited resources is going to cave to your infamy and your perversions of justice and equity have another thing a coming.

For I will not bend to your infamy; legalistic bullying; taxpayer sponserrred bullying; or anything else you think convenient to cover your own sorry assetts that act contrary to the public trust, interest, and the notion of democratic process as this "panicked" and self-protective response of one bureucrat Melvin Farmer suggests in his own words here.

Have a nice day.

Joe Harcz

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

From: Farmer, Mel (LARA) 

To: joe harcz Comcast (joeharcz at comcast.net) 

Sent: Monday, October 28, 2013 7:51 AM

Subject: FW: to farmer foia on foia

October 28, 2013

Paul Joseph Harcz

joeharcz at comcast.net

RE: Request to Inspect Computer

Dear Mr. Harcz:

This notice is in response to the attached copy of your October 23, 2013 request to me  ".to inspect my state issued computer for e-mails from Rodgers and, indeed Zimmer."

Pursuant to MCL 15.232, Section 2(e) & 2(f) and MCL 15.235, Section 5(2)(b) of the state's FOIA, MCL 15.231 et seq., your request is denied. LARA computer equipment is owned by the Michigan Department of Technology, Management and Budget, and I am not authorized to allow non-state employees access to it.

Under 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 Mr. Steve Arwood, Director, LARA, Attention: Michael Zimmer, Chief Deputy Director, P.O. Box 30004, Lansing, MI 48909. Your appeal must include the word "appeal" and identify the reason(s) for reversal of any disclosure denial; or (2) you may seek judicial review in circuit court within 180 days of this notice. If you prevail in court action, the court may award you reasonable attorney fees, costs, and disbursements. If the court finds LARA's actions to be arbitrary and capricious, the court shall award you, in addition to any actual or compensatory damages, punitive damages in the amount of $500.00.

Sincerely,

/S/Melvin Farmer, Jr.

Central FOIA Coordinator

Attachment

From: joe harcz Comcast [mailto:joeharcz at comcast.net] 
Sent: Wednesday, October 23, 2013 4:38 PM
To: Farmer, Mel (LARA)
Subject: Re: to farmer foia on foia

No you are mixing apples with oranges here Mr. Farmer. I'm asking to inspect your state issued computer for e-mails from Rodgers and, indeed Zimmer.

Man, I couldn't be any more clear.

The two requests are only merged in your mind.

PJH

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

  From: Farmer, Mel (LARA) 

  To: joe harcz Comcast 

  Sent: Wednesday, October 23, 2013 4:19 PM

  Subject: RE: to farmer foia on foia

  It is not feasible for you to inspect my state issued computer to confirm records on Mr. Edward Rodger's state issued computer or I-phone.

  From: joe harcz Comcast [mailto:joeharcz at comcast.net] 
  Sent: Wednesday, October 23, 2013 1:42 PM
  To: Farmer, Mel (LARA)
  Subject: Re: to farmer foia on foia

  Then sir I wish to inspect your state issued computer to verify if that is indeed a fact.

  And don't touch it either or expunge records requested.

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

    From: Farmer, Mel (LARA) 

    To: joe harcz Comcast (joeharcz at comcast.net) 

    Cc: Rodgers, Edward (LARA) ; Haynes, Carla (LARA) 

    Sent: Wednesday, October 23, 2013 1:38 PM

    Subject: FW: to farmer foia on foia

    October 23, 2013

    Paul Joseph Harcz

    1365 E. Mt. Morris Rd.

    Mt. Morris, MI 48485

    joeharcz at comcast.net

    RE: FOIA Request/FOIA Instruction Emails

    Dear Mr. Harcz:

    This notice is in response to the attached copy of your October 22, 2013 email requesting under the state's FOIA, MCL 15.231 et seq., copies of existing, nonexempt public records you describe as: ".any e-mail correspondence to you from August 25, 2013 to present advising you on how to respond to my requests for information from BSBP/LARA from either Michael Zimmer, Deputy Director of LARA and Edward Rodgers, Director of BSBP."

    Pursuant to MCL 15.235, Sections 5(2)(b) and 5(4)(b) of the state's FOIA your request is denied. After a search, I certify that to the best of my knowledge, information, and belief, the public records you request do not exist within LARA under the name given by you, or another reasonably known name.  Pursuant to MCL 15.236, Section 6(1) of the state's FOIA, as the LARA's duly designated FOIA Coordinator, I am responsible for accepting and processing requests for LARA's public records in accordance with applicable provisions of the state's FOIA.

    MCL 15.240 of the state's FOIA provides that you may (1) submit a written appeal regarding the denial of any portion of your FOIA request to Mr. Steve Arwood, Director, LARA, Attention, Michael Zimmer, Chief Deputy Director, P.O. Box 30004, Lansing, MI 48909. Your appeal must include the word "appeal" and identify the reason(s) for reversal of any disclosure denial; or (2) you may seek judicial review in circuit court within 180 days of this notice. If you prevail in court action, the court may award you reasonable attorney fees, costs, and disbursements. If the court finds LARA's actions to be arbitrary and capricious, the court shall award you, in addition to any actual or compensatory damages, punitive damages in the amount of $500.00.

    Sincerely,

    /S/Melvin Farmer, Jr.

    Central FOIA Coordinator.

    From: joe harcz Comcast [mailto:joeharcz at comcast.net] 
    Sent: Tuesday, October 22, 2013 1:55 PM
    To: Farmer, Mel (LARA)
    Cc: nfbmi-talk at nfbnet.org; BSBPcommissioners
    Subject: to farmer foia on foia

    October 22 2013 to Farmer FOIA on FOIA

    Paul Joseph Harcz, Jr.

    1365 E. Mt. Morris Rd.

    Mt. Morris, MI 48458

    joeharcz at comcast.net

    810-516-5262

    To: Melvin Farmer, LARA FOIA Coordinator

    (Via e-mail)

    Dear Mr. Farmer,

    I am writing you today to request some very simple information that is easily found on your own state owned computer (the very one you are using right now). I am requesting any e-mail correspondence to you from August 25, 2013 to the present advising you on how to respond to my requests for information from BSBP/LARA from either Michael Zimmer, Deputy Director of LARA and Edward Rodgers, Director of BSBP.

    You don't have to search very hard for this information as it will be in your own in box. And it doesn't cost anything to simply forward those e-mails to my e-mail address listed above which is precisely what I request now.

    Sincerely,

    Paul Joseph Harcz, Jr.

    Cc: NFB MI

    Cc: BSBP, Commissioners

    Cc: RSA

    Cc: several media and legislators